Do those who cannot speak really have a voice?
Article Abstract:
A court-appointed guardian ad litem describes the factors that led her to recommend withdrawal of treatment for a heart transplant patient in opposition to the family's wishes. The patient suffered severe brain damage during the heart transplant operation and was being artificially maintained by medication and a gastrostomy tube. The family had apparently lost sight of the patient's needs in the face of their own needs, feelings of victimization and attention from the press. The guardian ad litem's recommendation for withdrawal of treatment was based on the patient's therapeutic goals stated before surgery.
Publication Name: Law, Medicine & Health Care
Subject: Law
ISSN: 0277-8459
Year: 1992
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Medical futility: legal and ethical aspects
Article Abstract:
The concept of medical futility, used as a means of persuasion rather than compulsion, can help to focus on the medical nature of decisions to withdraw treatment. However, the concept is not without dangers, such as potential for bureaucratization, discrimination or confusion of futility of treatment with futility of the patient's life. Steven Miles's approach to futility as an institution for dealing with tragic choices is helpful, although he fails to note that the legal foundation for physician authority already exists in civil malpractice standards.
Publication Name: Law, Medicine & Health Care
Subject: Law
ISSN: 0277-8459
Year: 1992
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Analysis of power in medical decision-making: an argument for physician autonomy
Article Abstract:
Recent concerns over patient autonomy have resulted in a shift in medical decision-making power from the physician to the patient and family. However, when the patient's wishes are unknown, decision-making authority based on medical facts should rest with the physician rather than the family. Two cases illustrate conflicts between physicians and families and the need to restore power to physicians. A social consensus on medical futility is needed, one which would reaffirm physician responsibility for medical decision-making.
Publication Name: Law, Medicine & Health Care
Subject: Law
ISSN: 0277-8459
Year: 1992
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