Shine v. Vega

In this wrongful death case, we must resolve the conflict between the right of a competent adult to refuse medi*457cal treatment and the interest of a physician in preserving life without fear of liability. In 1990, an invasive procedure, intubation,3 was forcibly performed on Catherine Shine (Catherine),4 a life-long asthmatic in the midst of a severe asthma attack. Dr. Jose Vega, an emergency physician at Massachusetts General Hospital (MGH), initiated the intubation without Catherine’s consent and over her repeated and vigorous objections. In 1993, Dr. Ian Shine, Catherine’s father and the…