Searching for Fairness: Examining the Texas Advance Directives Act in Light of the Clear and Convincing Evidence Standard

Rachael Thompson has just published "Searching for Fairness: Examining the Texas Advance Directives Act in Light of the Clear and Convincing Evidence Standard" in the Houston Law Review.

Her abstract reads: "Section 166.046 of the Texas Advance Directives Act (TADA) gives physicians and hospitals the ability to discontinue life-sustaining care even if a patient or patient's family desires to continue treatment. Due process concerns are inherent in the TADA procedure, yet the Texas legislature has not made progress in changing the law to help vulnerable patients."

"This Comment proposes a new approach to use when such disputes come before Texas courts: to place the burden on those wishing to withdraw life-sustaining treatment and to apply the clear and convincing evidence standard. The clear and convincing evidence standard strikes an appropriate balance between the parties in these cases and provides a way for courts to handle disputes involving the flawed legislation."