When the Surrogate Sues the Ethics Committee

I have previously collected and published on court cases where patients or families sue clinical ethics consultants or members of a hospital ethics committee. These are typically in medical futility conflicts where the ethics approval facilitated the attending physician's orders to withhold or withdraw treatment. 

In determining whether these are legitimate defendants, the typical analysis is whether the consult is formal or informal (curbside). If it is a formal consult, then the EC/HEC is in a treatment relationship and can be sued for medical malpractice (though establishing liability is a separate matter).

The consult is likely formal because many of the standard factors are met: (1) they see the chart, (2) they note in the chart, (3) they get fairly detailed information about the patient, and (4) they meet with the surrogate/family, and (5) they are far more substantially involved than a casual hallway chat.