Socyberty > Law

Donald "Dax" Cowart: The Right to Death?

Donald "Dax" Cowart is an attorney noted for the ethical issues raised by efforts to sustain his life against his wishes, following an accident. This is the quick summary of his accident and the issues that raises much concern and question in the medical and bioethical circles.

Dax is known legally as Donald Cowart, a young man in his 20s. He was extremely outgoing, athletic, popular and a ladies man. Born as the only child to very religious parents.

Why is he so Famous?

Don Cowart's story is a corner stone of the philosophical, bioethical and medical ethics arguments among scholars and legal proceedings. The essential question Dax's condition deals with is the right of a patient to refuse treatment and ask for death. This case is also part of the argument for Active Euthanasia.

What happened?

Dax's story really began in the summer of 1973. He returned from serving in Vietnam as an Air Force pilot so everything was going well in his well for him. Unfortunately an accident happened where propane tanks in his car exploded, killing his father while getting over 68% of his body was burned - with 3rd degree burns on his face. Don asked for a gun to kill himself to put an end to his suffering but he was refused and taken to a hospital. He stayed in the hospital for a painful 14 months and during his time there, he asked for death several times. So his mother was given the power of attorney while he was declared mentally incompetent. During his stay in the hospital, he experienced painful tankings in alcohol and disinfectants, several operations, blindness and sleep problems. He tried to refuse treatment but he doctors and his mother did not listen to him, leading to further depression and here Donald Cowart attempted his first suicide which was a failure.

Out-Patient Care

After getting out of the hospital, Don was bedridden for around 2 years at home - completely depended on his mother. During this time, he attempted another suicide when he tried to walk in front of a truck on the highway but the trucker stopped and returned him back to his mother. After a slight recovery, he attended law school but this time was marred by two more suicide attempts, failed relationships, failed business and a divorce. However, he managed to get out with a law degree and started his own practice advocating the “right to die” movement.

Analysis of Doctor Robert White

Psychiatrist, Dr. Robert B. White at the University of Texas Medical Branch in Galveston, was called in to analyze the “Dax” case. According to White, the demand to die was a way to assert his will and independence. However, if you think about it, Doctor White's analysis does not make sense because Donald Cowart attempted suicide numerous times and actively tried to die so this is not a case of “asserting idependence”… the man wanted to die. Dr. White also said Dax could have refused treatment. However, this is also false because Dax asked to stop his treatments and even asked for a gun to kill himself. Dax only agreed to plastic surgery so he can attempt to kill himself, which was also a failure. Then during this in-patient stay, he agreed to stay alive during the settlement with the gas company so his mother can get more money. So Doctor Robert White's conclusions about Donald “Dax” Cowart is wrong.

Englehardt and Kant

The philosopher Englehardt from Texas argues when is Paternalism justified? We have to weigh the benefits and the amount of suffering it will take to fix the issue. We have to weigh price versus goal. So who should be the judge? In Dax's case, which is better - years of pain and suffering versus a life with crippling disability and disfigurement? So is society the judge to decide whether such a man can live or die or should the competent patient be opted to decide his own future? Philosopher Kant argues that using yourself - a rational being - as a mere means to some end is wrong. Arguing essentially that aiming for death for your own escape from suffering is wrong.

The Question

So you be the judge, should people like Dax be allowed to die? And if so, at what time should they be allowed to die and what should the benchmark for such issues be? If not, then why should people be allowed to go through painful and tortuous treatments and live a life of pain and disability, disfigurement and segregation? If you argue yes, to the questions above, then how shall we approach the issue of Active and Passive Euthanasia?

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Comments (2)
#1 by Glynis, Jun 1, 2008
A very difficult area, the medical team have the job of saving life, the mother of protecting her child, the patient himself has the right to refuse treatment, it is sad that he didn't manage to take his own life if he was in that much pain physically and mentally. As a nurse and a mother I am afraid I have to sit on the fence on this one. Well written, thanks
#2 by Jessie, Jun 1, 2008
Dax wanted to die and the medical team utterly dismissed his request. He had his autonomy violated over and over. It was not as if he did not know the risks involved with his desire to end his misery. He was mentally intact and put through painful treatments he did not want. I do not think it was up to the doctor to decide what was best for him given the circumstances. Dex\'s autonomy and decision making should have been respected.
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