Jay Katz (other)
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Jacob "Jay" Katz (October 20, 1922 – November 17, 2008) was an American physician and Yale Law School professor whose career was devoted to addressing complex issues of
medical ethics Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. T ...
and other ethical problems involving the overlaps of ethics, law, medicine and psychology.


Early life

Katz was born in Zwickau, Germany on October 20, 1922, where his father owned a department store. After Adolf Hitler came to power in 1933, Nazi Germany implemented rules stripping the family of their German citizenship. His father obtained a Czechoslovakian passport, which he used to leave Germany and travel to Prague as a 16-year-old. He made it to New York City through Italy and England, with his parents and brother joining him in the United States in 1940.Hevesi, Dennis
"Dr. Jay Katz, 86, Dies; Explorer of Ethics Issues"
'' The New York Times'', November 19, 2008. Accessed November 20, 2008.
He graduated from
The University of Vermont The University of Vermont (UVM), officially the University of Vermont and State Agricultural College, is a public land-grant research university in Burlington, Vermont. It was founded in 1791 and is among the oldest universities in the United S ...
in 1944 and was awarded his Doctor of Medicine degree in 1949 from Harvard Medical School. He completed internship and residency programs in New York, and then enlisted in the United States Air Force. He served as a First Lieutenant and
Captain Captain is a title, an appellative for the commanding officer of a military unit; the supreme leader of a navy ship, merchant ship, aeroplane, spacecraft, or other vessel; or the commander of a port, fire or police department, election precinct, e ...
at the Air Force Hospital at
Maxwell Air Force Base Maxwell Air Force Base , officially known as Maxwell-Gunter Air Force Base, is a United States Air Force (USAF) installation under the Air Education and Training Command (AETC). The installation is located in Montgomery, Alabama, United States. O ...
in Montgomery, Alabama."Yale Law School Mourns Professor Jay Katz; Read Dean Koh Memorial Remarks"
, Yale Law School press release dated November 17, 2008. Accessed November 20, 2008.


Career

Katz began his four-decades-long affiliation with Yale University in 1953 when he became Chief Resident at the Yale School of Medicine's outpatient clinic. He started teaching psychiatry in 1955 and became an assistant professor of psychiatry and law at Yale University in 1958, teaching psychiatry and law. He continued to teach as an emeritus professor after his retirement from Yale in 1993. He served on the committee which established the terms of patient privilege in Connecticut for
psychotherapist Psychotherapy (also psychological therapy, talk therapy, or talking therapy) is the use of psychological methods, particularly when based on regular personal interaction, to help a person change behavior, increase happiness, and overcome pro ...
s and their patients. Enacted in 1961, it was used to establish comparable terms in the Federal Rules of Evidence that apply across the United States. Katz was named to serve on a federal inquiry into the Tuskegee Syphilis Study, an experiment started in 1932 by the United States Public Health Service in which about 400 black men in Alabama infected with
syphilis Syphilis () is a sexually transmitted infection caused by the bacterium ''Treponema pallidum'' subspecies ''pallidum''. The signs and symptoms of syphilis vary depending in which of the four stages it presents (primary, secondary, latent, an ...
were left untreated, with at least 28 of the study subjects dying from the untreated disease and many more suffering severe injury. The group concluded that the research was "ethically unjustified", that the participants should have been given
penicillin Penicillins (P, PCN or PEN) are a group of β-lactam antibiotics originally obtained from ''Penicillium'' moulds, principally '' P. chrysogenum'' and '' P. rubens''. Most penicillins in clinical use are synthesised by P. chrysogenum using ...
and called for greater federal oversight and protection of subjects in medical studies. Katz protested that the group should have issued a stronger response, noting that the subjects were "exploited, manipulated and deceived". Dr. Katz noted that the question of when "can human beings be used for purposes of acquisition of knowledge" must be answered and that the disadvantaged and disempowered are often deliberately chosen as subjects. After efforts were made by scientists to make use of data from Nazi human experimentation, conducted on concentration camp inmates against their will, Katz emphasized that "however hard we might try, we cannot separate the data from the way they were obtained". He was appointed to serve on the 1994
Advisory Committee on Human Radiation Experiments The Advisory Committee on Human Radiation Experiments was established in 1994 to investigate questions of the record of the United States government with respect to human radiation experiments. The special committee was created by President Bill Cl ...
, established by President Bill Clinton to investigate some 30 experiments in which individuals were unwittingly exposed to radiation. Katz issued a statement as part of the committee's report, stating that his "most serious reservations" were about the issue of protections to study subjects, and that the existing
informed consent Informed consent is a principle in medical ethics and medical law, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatme ...
process invites "repetitions of the dignitary insults which unconsenting citizen-patients suffered during the Cold War". In 1996, the U.S. Food and Drug Administration implemented changes that allowed doctors to perform medical studies on patients without their consent in certain situations where the patient has a life-threatening condition and cannot offer consent, where the community has been notified about the experiment and where the FDA has reviewed the plans in advance and approved of the protocol. Katz insisted that these changes violated the Nuremberg Code enacted in response to Nazi human experimentation conducted on unwilling prisoners during World War II, noting that "here we are making exceptions" to the first sentence of the Code's first point, which states that "The voluntary consent of the human subject is absolutely essential". Katz was involved in renaming the
Cornelius P. Rhoads Cornelius Packard "Dusty" Rhoads (June 9, 1898 – August 13, 1959) was an American pathologist, oncologist, and hospital administrator who was involved in a racist scandal and subsequent whitewashing in the 1930s. Beginning in 1940, he served a ...
award given for cancer research from the
American Association for Cancer Research The American Association for Cancer Research (AACR) is the world's oldest and largest professional association related to cancer research. Based in Philadelphia, the AACR focuses on all aspects of cancer research, including basic, clinical, and t ...
, in 2002. He determined that although Rhoads' racist and inflammatory letter was reprehensible, Rhoads did not actually murder or inject cancer into anyone, or participate in medical misconduct. Nonetheless, due to Rhoads' racism, which denigrated Puerto Ricans and Italians, the award was renamed.


Writings

Dr. Katz wrote extensively on subjects of medicine, law and their interconnections. His books included ''The Family and the Law'' (1964, with Joseph Goldstein), ''Psychoanalysis, Psychiatry and Law'' (1967, with Alan Dershowitz and Joseph Goldstein), ''Experimentation with Human Beings'' (1972), ''Catastrophic Diseases: Who Decides What?'' (1975, with Alexander M. Capron) and ''
The Silent World of Doctor and Patient ''The Silent World of Doctor and Patient'' is an influential book on medical ethics written by Jay Katz and published by The Free Press in 1984.Hevesi, Dennis"Dr. Jay Katz, 86, Dies; Explorer of Ethics Issues" ''The New York Times ''The Ne ...
'' (1984). He also wrote on the importance of physicians collaborating with patients to obtain informed consent.Journal of Contemporary Health Law and Policy, vol. 10 Spring 1994. http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3916&context=fss_papers&sei-redir=1&referer=http%3A%2F%2Fus.yhs4.search.yahoo.com%2Fyhs%2Fsearch%3Fhspart%3Dironsource%26hsimp%3Dyhs-fullyhosted_003%26type%3Ddsites0103%26param1%3DyhsBeacon%26param2%3Dcd%253D2XzuyEtN2Y1L1QzutDtDtBtByCzzyEyC0D0D0C0AtDtC0DtDtN0D0Tzu0CyByByEtN1L2XzutBtFtBtFtCyDtFtCyCtAtCtN1L1CzutBtAtDtC1N1R%2526cr%253D1273028144%2526ir%253D2301gc%2526elng%253Den%2526elcl%253Dus%2526a%253Ddsites0103%2526uref%253Dfx10%2526f%253D2%2526cat%253Dweb%2526sid%253Deb4a93821eb59ce42cbf8f32326d2c22%2526cnc%253Dironsource_tb_intl_search%2526stype%253Ddsites0103_ag64_niry%2526sesid%253D%2526abid%253D6%2526abg%253D64%2526ipblock%253D0%2526csr%253D0%2526p%253Dmysearchdial%26p%3Dinformed%2Bconsent%2Bmust%2Bit%2Bremain%2Ba%2Bfairy%2Btale#search=%22informed%20consent%20must%20remain%20fairy%20tale%22


Death

Katz died at age 86 on November 17, 2008, at his home in New Haven, Connecticut of
heart failure Heart failure (HF), also known as congestive heart failure (CHF), is a syndrome, a group of signs and symptoms caused by an impairment of the heart's blood pumping function. Symptoms typically include shortness of breath, excessive fatigue, a ...
.


References


External links


Jay Katz Papers (MS 1958).
Manuscripts and Archives, Yale University Library. {{DEFAULTSORT:Katz, Jay 1922 births 2008 deaths People from Zwickau Jewish emigrants from Nazi Germany to the United States Harvard Medical School alumni Physicians from New Haven, Connecticut United States Air Force officers University of Vermont alumni Yale Law School faculty Yale School of Medicine faculty Members of the National Academy of Medicine