Federal Court Dismisses Civil Rights Claims in Medical Futility Dispute

In January 2022, UnityPoint Health clinicians planned to use their policy for withholding or withdrawing non-beneficial treatment for their patient Bogy Czesak. But the patient improved before treatment could be withdrawn.

Nevertheless, the family sued two critical care physicians for their apparently egregiously insensitive conduct. Unfortunately, they sued in federal court even though they had no valid federal claims. 

This week the U.S. District Court for the Central District of Illinois dismissed claims under 42 U.S.C. § 1983, Section 1557, the Rehabilitation Act, and EMTALA. The plaintiffs might pursue state law claims in state court.