Litigating a right to treatment: Woe is me

The right to treatment was first proposed by Birnbaum in 1960. While its constitutional basis may still be in doubt, it has found significant acceptance in state legislation and in lower court decisions. Defining, implementing, and quantifying this right remain elusive. For well over a decade, the case of Walter Woe has been litigated in the federal courts of New York. It represents a continuing effort to obtain a level of care for patients involuntarily hospitalized in the public sector equal to that provided for those admitted voluntarily to general and private hospitals. A precommitment right to refuse inadequate treatment is a novel extension of the right to treatment, with potentially significant implications, and is part of the continuing legal battle.