A defence of the requirement to seek consent to withhold and withdraw futile treatments.
نویسنده
چکیده
Futility assessments, which are unavoidable in end-of-life settings, need to be procedurally fair. This necessitates communication between health professionals and substitute decisionmakers regarding the decision to define treatments as futile. The common law test for whether treatment should be withheld or withdrawn is the best interests test. A futile treatment is not in any patient's best interests. While it is rare for the law to disagree with a futility determination made by health professionals, if a determination has been made without consultation and fails to reflect the patient's best interests, the courts will overturn it. The best regulatory regimes provide for a balance between the powers of health professionals and substitute decisionmakers to make decisions for incompetent patients, and for clear and efficient dispute resolution. The Queensland law and its requirement for consent to withhold or withdraw futile treatment represents a good model of futility determination, with clear powers given to substitute decisionmakers and health professionals. Disputes concerning the treatment of incompetent patients automatically trigger the appointment of the adult guardian as the decisionmaker, and there are avenues for appeal.
منابع مشابه
Futile or fruitful: the charter and the decision to withhold or withdraw life-sustaining treatment.
متن کامل
Physicians' decisions to withhold and withdraw life-sustaining treatment.
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Background and purpose: Futile medical care is referred to any medical intervention or activity that bring no benefit to patients. The aim of this study was to evaluate the frequency of futile treatment and its cost in neonates with a probable diagnosis of inherited metabolic disorder. Materials and methods: In this cross-sectional study, hospitalization records of all admitted neonates in Chi...
متن کاملDecisions concerning potentially life-sustaining treatments in paediatric nephrology: a multicentre study in French-speaking countries.
BACKGROUND Few studies have looked at how decisions are made to withhold or to withdraw potentially life-sustaining treatments (LST) in paediatric nephrology. The aim of this work was to evaluate such practices in all nephrology centres in French-speaking European countries, so that guidelines could be discussed and drawn up by professionals. METHODS We used semi-directed interviews to questi...
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ورودعنوان ژورنال:
- The Medical journal of Australia
دوره 196 6 شماره
صفحات -
تاریخ انتشار 2012