Clinicians May Not Administer LSMT without Consent
This page collects court decisions and complaints concerning clinician administration of life-sustaining treatment contrary to the instructions of the patient's advance directive or surrogate.
I have also assessed the trend of these cases in several articles cited and linked below. The trend in enforement was also covered by the New York Times. Paula Span, "The Patients Were Saved. That’s Why the Families Are Suing" (April 10, 2017).
Legal Briefing: Unwanted Cesareans and Obstetric Violence, 28(2) JOURNAL OF CLINICAL ETHICS 163-173 (2017).
Legal Briefing: New Penalties for Disregarding Advance Directives and DNR Orders, 28(1) JOURNAL OF CLINICAL ETHICS 74-81 (2017).
TRIAD VIII: Nationwide Multicenter Evaluation to Determine Whether Patient Video Testimonials Can Safely Help Ensure Appropriate Critical Versus End-of-Life Care, 13(2) JOURNAL OF PATIENT SAFETY 51-61 (2017) (with Ferdinando L. Mirarchi et al.).
Clinicians May Not Administer Life-Sustaining Treatment without Consent: Civil, Criminal, and Disciplinary Sanctions, 9 JOURNAL OF HEALTH & BIOMEDICAL LAW 213-296 (2013).
Since 2007, I have been posting legal materials on end-of-life issues. I am happy to disseminate these materials for free. But while filngs in state and federal court are in the public domain, PACER and state court website services do charge retrieval fees. And the significant number of user downloads on this site requires server bandwidth. If you find this website useful, please consider donating $1, $5, or $10. It’s is a small amount to inform bioethics policy. It’s money well spent.