Jacob Appel has a brief piece in a recent issue of the Journal of Medical Ethics, in which he reviews cases (like that of Andrew Bedner, right) in which parents refused to agree to withdraw care from children with devastating injuries that the parents are accused of inflicting.
This is a paradigm type of case in which the provider may often select a new surrogate. If treatment for the child is not indicated and the parent is asking for continued treatment only to avoid certain criminal charges, then a new SDM should be sought (and can often be successfully obtained).
I reviewed U.S. and Canadian surrogate replacement cases outside the parent child context in the latest Journal of Clinical Ethics. I am preparing a broader analysis for the St. Louis Journal of Health Law and Policy.