Legal Briefing: Medically Futile and Non-Beneficial Treatment
Journal of Clinical Ethics, Vol. 22, No. 3, pp. 277-296, 2011
Posted: 27 Feb 2012 Last revised: 1 Jul 2014
Date Written: January 1, 2012
Abstract
Since 2009, Professor Pope has authored a quarterly "Legal Briefing" column for the Journal of Clinical Ethics. Each briefing comprehensively reviews legal developments concerning a particular issue in clinical bioethics. The Journal of Clinical Ethics owns the exclusive copyright to distribute the full-text content.
This article comprehensively reviews legal developments involving futile or non-beneficial medical treatment since 2009. These developments are usefully grouped into the following 11 categories: 1. Texas Advance Directives Act 2. Ontario Consent and Capacity Board 3. Surrogate selection 4. Ex post cases for damages 5. Ex ante cases for injunctions 6. Coercion and duress 7. Assent and transparency 8. Brain-death cases 9. Criminal and administrative sanctions 10. Conscientious objection 11. Penalties for providing futile treatment
Keywords: medical futility, non-beneficial treatment, death, dying, healthcare, surrogate, advance directives, brain-death, futile treatment
JEL Classification: K32
Suggested Citation: Suggested Citation