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.
Sunday, October 25, 2009
Withdrawal Okay When Surrogate's Refusal to Consent Based on Wrong Reasons
Thaddeus Mason Pope is Director of the Health Law Institute and Professor of Law and at Mitchell Hamline School of Law in Saint Paul, Minnesota. <> <> He is also an Adjunct Professor with the Australian Centre for Health Law Research at Queensland University of Technology; Adjunct Associate Professor with the Alden March Bioethics Institute at Albany Medical College; and Visiting Professor of Medical Jurisprudence at St. Georges University. <> <> Professor Pope is an internationally recognized expert in bioethics and medical ethics. He has over 120 publications in: leading medical journals, law reviews, bar journals, nursing journals, bioethics journals, and book chapters. He also coauthors the definitive 1500-page treatise The Right to Die: The Law of End-of-Life Decisionmaking.