By now you are probably aware that Hugh Finn died on October 9, 1998, eight days after his feeding tube had been removed. You probably also know that Mr. Finn had been on feeding tubes for three and a half years after an automobile accident, that his wife had requested the feeding tube be removed but that other family members disagreed and that his sister requested Governor Gilmore to intervene, which he did in Court but without success.

What you may not know is that, even if Hugh Finn's family had been in agreement to have his feeding tube remain, his life might still have been in jeopardy under Virginia law.

Under the Health Care Decisions Act of 1992, physicians and medical care providers are empowered to withhold medical treatment from a patient, even against the wishes of the patient and family, if they feel that the patient's quality of life would not be improved with treatment. Withholding medical treatment, as defined by the law, can include denying the patient both food and water. In adopting this bill, the House of Delegates defeated an amendment that would have required the continuation of life-saving measures to patients desiring them, including food and fluids, until the patient could be transferred to a health care facility supportive of the patient and family's decisions to continue treatment. As the law stands, it is legal in Virginia to starve and dehydrate a person to death, even in situations where the patient and family choose life-sustaining measures. This is known as involuntary euthanasia.

Virginia is the first and only state in the country with a law allowing involuntary euthanasia.

In the case of Hugh Finn, which involved non voluntary euthanasia (since Mr. Finn's wishes were unknown but his wife made the decision), VSHL has commended Governor James Gilmore for his efforts to protect Mr. Finn's life by bringing this case before the Supreme Court of Virginia. While much of the press coverage focused on his wife's decision to remove his feeding tube, less attention was paid to the fact that Mrs. Finn was living in Kentucky and was not involved in his daily care. Family members in Virginia who were taking care of Hugh Finn were opposed to removing the feeding tube. The removal occurred even though a nurse from the state Department of Medical Assistance Services visited Mr. Finn and testified that he said "hi" to her when she entered the room and "mumbled what appeared to be words."

Published in VSHL Lifesaver - January 1999