Tribunal Upholds Medical Futility Determinations

The British Columbia Health Professions Review Board recently published a judgment in a medical futility case, affirming the decision of the College of Physicians and Surgeons. (2024 BCHPRB 26) 

The family complained about six physicians caring for their father, alleging (1) "we did not agree to any end-of-life treatment for my father," (2) "we did not agree to any DNR orders for my father," and (3) "we did not agree to have his respirator removed."

The Inquiry Committee and HPRB exonerated the critical care physicians, postulating "that physicians are not expected to provide care that is deemed futile. The Inquiry Committee agreed that, in this case, admission to the Intensive Care Unit for intubation and ventilation was deemed futile as it was expected that the Complainant’s father would die even with this aggressive intervention." The HPRB agreed.

The only complaint upheld by the Committee and HPRB was that the primary care physician's "discussions with the family did not meet expectations, especially around end-of-life discussions which should be meticulously documented."

The Inquiry Committee noted that "appropriate discussions may have taken place, but proper documentation was lacking. The Inquiry Committee was critical of Registrant 1 regarding his record keeping."