Legal Aspects of Oncology Care for Dying Patients

33 Pages Posted: 24 Jun 2015

See all articles by Marshall B. Kapp

Marshall B. Kapp

Florida State University - College of Law and College of Medicine

Date Written: June 23, 2015

Abstract

Patients with cancer who are approaching the end of their lives, as well as the patients’ families and professional caregivers, often confront difficult decisions regarding the initiation, continuation, withholding, or withdrawal of various forms of medical care. Those clinical choices must be made and implemented within the prevailing legal environment. The legal environment in the U.S. surrounding and shaping medical decision making and care for dying cancer patients is explored in this chapter. Specific topics addressed include: distinguishing living patients from dead bodies; informed consent and refusal; informational confidentiality in medical care; advance health care planning; medical decisionmaking in the absence of advance planning; standards of care and medical malpractice liability; limits on the rights of patients and families; and post-mortem rights and responsibilities.

Suggested Citation

Kapp, Marshall, Legal Aspects of Oncology Care for Dying Patients (June 23, 2015). FSU College of Law, Public Law Research Paper No. 756, Available at SSRN: https://ssrn.com/abstract=2622063 or http://dx.doi.org/10.2139/ssrn.2622063

Marshall Kapp (Contact Author)

Florida State University - College of Law and College of Medicine ( email )

625 Eagle View Circle
Tallahassee, FL 32311
United States
618-534-1022 (Phone)

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