Legal Briefing: Medically Futile and Non-Beneficial Treatment

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.

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

Accepted Paper Series