McConnell v. Beverly Enterprises
Di Somma, A.V.
Issues in Law and Medicine 4(4): 525-533
1989
ISSN/ISBN: 8756-8160 PMID: 11644378 Document Number: 339068
The family of terminally ill, comatose Carol McConnell sought the court's assistance in removing her gastrostomy tube. The trial court had found such relief proper under the common law right to self determination and the constitutional right of privacy. The state appealed, challenging jurisdiction, questioning the finding of terminal illness, and invoking consideration of the state's compelling interest in preventing suicide. Finding jurisdiction appropriate, the Connecticut Supreme Court affirmed the trial court's ruling. The Supreme Court ruled that a reasonable construction of Connecticut's Removal of Life Support Systems Act provided the relief sought. Under conditions set forth by the statute, Carol McConnell was properly found terminally ill and evidence sufficiently demonstrated her express will not to be kept alive under these circumstances. The court further said that suicide was not an issue because removal of the gastrostomy tube was not the death-producing agent.