Question

In 1973, Dax Cowart, a 25-year-old Air Force Reserve pilot, went with his father to visit a tract of land they were interested in purchasing. Unbeknownst to them, there was a propane gas leak that was filling the area. When they started the car, the propane was ignited, which created a massive explosion. Cowart's father died. Cowart suffered serious burns on two-thirds of his body and loss of both hands, eyes, and ears. Fearing he would be unable to regain his former function, he refused treatment on the way to the hospital. While hospitalized for 10 months, Cowart repeatedly begged his physicians to end treatment and allow him to die, especially because many of the treatments were excruciatingly painful for him. He was also given only limited painkillers and denied access to legal assistance. Despite his demand to discontinue treatment, wound care was continued, skin grafts performed, and nutritional and fluid support provided. He was discharged after the amputation of several fingers and removal of his right eye, and became dependent on others to assist in personal functions. Who was liable or negligent that caused the accident? Did Cowart have the right to refuse care? Was he competent enough to make that decision? Did the physician have the right to disregard Cowart's autonomy and patient's rights?

Answer 1

The landlord or the owner of the land is liable for not informing or concealing the truth of propane gas has leakage in the area to its buyers.Also along with this the lack of knowledge that this can cause inflation when starting an automobile which may emite fumes, smokes or flames has lead to the accident

Cowart being a major has the right to refuse treatment as per the principle of autonomy.

The patient was competent enough to take decision because his mental abilities were not affected.

The physician can have disregards to a patient's autonomy if the benefits outweighs the complications or side effects or death.Here the patient autonomy was disregarded as the physician had a decision that the patient can survive with physical disability when recovered from the injury.The probable reason for this is post traumatic stress disorder made the physician to disregard Cowart's wish because these type of patient feel the pain and fear for living because of a tragic event.