On this blog, Professor Thaddeus Pope tracks judicial, legislative, policy, and academic developments concerning medical futility and the limits on individual autonomy at the end of life.

Wednesday, January 25, 2012

The Unbefriended - Patients without Surrogates

I just finished editing a comprehensive review of the various mechanisms by which treatment decisions are made for the unbefriended, patients without surrogates.  Most authors addressing the strengths and weaknesses of existing decision-making mechanisms invoke the language of balance and equilibrium.  Muriel Gillick, for example, writes that “a balance must be struck between the need to protect [the unbefriended] from caregiver bias and institutional self-interest, on the one hand, and a stranger’s excessive distance on the other.”  Diane Meier writes that the decision-maker must be “responsive yet independent.” 

This "balancing" is also a central issue in medical futility debates.  On the one hand, we want a decision-making process that is accessible, quick, convenient, and cost-effective.  Example: the Texas Advance Directive Act approach.  But, on the other hand, we want a process that provides the important safeguards of expertise, neutrality, and careful deliberation.

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