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SHINE v. VEGA

429 Mass. 456 (1999)

IAN SHINE, administrator, v. JOSE VEGA & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 29, 1999.

Attorney(s) appearing for the Case

Michael J. Traft for the plaintiff.

Joseph P. Musacchio for the defendants.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

MARSHALL, J.

In this wrongful death case, we must resolve the conflict between the right of a competent adult to refuse medical 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...

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