Medical Futility and Disability Discrimination

81 Pages Posted: 2 Nov 2012

See all articles by Mary Crossley

Mary Crossley

University of Pittsburgh - School of Law

Date Written: 1995

Abstract

The concept of medical futility, which originally developed in the medical literature as a basis for allocating between physician and patient decisional authority regarding end-of-life treatment, is increasingly appearing in discussions regarding possible methods of containing medical costs by limiting treatment. This use of medical futility as a rationing mechanism, whether by a state Medicaid program or by a hospital, raises concerns regarding its impact on persons with severe disabilities near the end of life. This article considers how the applicability of the Americans with Disabilities Act to cost-conscious futility policies might be analyzed. After developing arguments that proponents and challengers of such policies could raise, however, this article ultimately concludes that the very arguments available under the ADA demonstrate the inaptness of disability discrimination law for thoroughly responding to the concerns that futility policies raise. Instead, to answer these concerns fully, our society should focus on more fundamental questions regarding the demands of justice in health care resource allocation and the nature of dying and the interests of the dying persons, questions calling for an expansion of the dialogue beyond the bounds of law.

Keywords: medical futility, disability discrimination law, end-of-life treatment, ADA, Americans with Disabilities Act, cost-conscious futility policies, hospitals, disability rights, health care rationing, Medicaid

JEL Classification: K00, K19, K39

Suggested Citation

Crossley, Mary, Medical Futility and Disability Discrimination (1995). Iowa Law Review, Vol. 81, No. 179, 1995, U. of Pittsburgh Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2166101

Mary Crossley (Contact Author)

University of Pittsburgh - School of Law ( email )

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Pittsburgh, PA 15260
United States
412-648-5300 (Phone)
412-648-2649 (Fax)

HOME PAGE: http://www.law.pitt.edu/people/mary-crossley

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