Abstract
Parents and physicians often grapple with the agonizing decision of whether to continue life-sustaining treatment for critically ill infants. In this paper, we introduce a novel framework called the Fundamental Conditions Approach (FCA) to guide these difficult choices. Building on S. Matthew Liao’s work, the FCA evaluates whether an infant possesses or can develop the fundamental capacities necessary for engaging in basic activities that constitute a good life. These capacities include the ability to think, respond to facts, develop interpersonal relationships, and interact with one’ environment. We argue that if an infant lacks nearly all of these fundamental capacities and medical interventions cannot restore them, there are stronger ethical grounds for withdrawing life-sustaining treatment. Conversely, if an infant retains some fundamental capacities or could develop them with treatment, there are compelling reasons to continue care. To illustrate its practical and ethical implications, we apply the FCA to complex cases such as Tinslee Lewis and other infants with severe congenital conditions. We also compare the FCA with other prevailing models, including the best interest standard, the Life Worth Living Approach, the relational potential standard, and medical vitalism. We contend that the FCA offers more concrete guidance while avoiding some of the limitations inherent in these alternatives. While the FCA cannot eliminate all uncertainty in these challenging situations, we conclude that it provides a substantive and intuitively plausible approach to decision-making about life sustaining treatment for critically ill infants.
Recommended Citation
S. Matthew Liao, Jordan Liebman, and Corine Astroth, When to Save the Baby: A Fundamental Conditions Approach, 45 Pace L. Rev. 183 ()DOI: https://doi.org/10.58948/2331-3528.2103
Available at: https://digitalcommons.pace.edu/plr/vol45/iss1/10
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