Responding to Requests for Non-Beneficial Treatment

MD-Advisor: Journal for the New Jersey Community, Vol. 5, No. 1, pp. 12-17, 2012

9 Pages Posted: 27 Feb 2012  

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute

Date Written: January 1, 2012

Abstract

Is a physician required to provide medical care to a patient when the treatment is considered to be non-beneficial and even inhumane? Does patient autonomy trump sound medical practice at the end of life? Ethically, the answer to these questions is probably 'no.' Physicians generally try to avoid providing treatments that offer no benefit to their patients. 'Non-beneficial treatment' policies encourage physicians to attempt to resolve conflicts internally through communication and mediation. However, this is not always possible or successful. The American Medical Association policy cautions against withholding interventions: 'The legal ramifications of this course of action are uncertain.' This article addresses the implications of New Jersey Superior Court Appellate Division's opinion in Betancourt v. Trinitas Hospital.

Keywords: Betancourt v. Trinitas Hospital, healthcare, death, dying, advance directive, end-of-life, surrogate, non-beneficial treatment, medical futility

JEL Classification: K32

Suggested Citation

Pope, Thaddeus Mason, Responding to Requests for Non-Beneficial Treatment (January 1, 2012). MD-Advisor: Journal for the New Jersey Community, Vol. 5, No. 1, pp. 12-17, 2012. Available at SSRN: https://ssrn.com/abstract=2003494

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Avenue
Room 320
Saint Paul, MN 55105
United States
651-695-7661 (Phone)

HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

Alden March Bioethics Institute ( email )

47 New Scotland Ave
MC 153
Albany, NY 12208
United States

HOME PAGE: http://www.thaddeuspope.com

Paper statistics

Downloads
113
Rank
200,459
Abstract Views
783