Medical Futility Determinations Can Be Disability Discrimination

The U.S. Court of Appeals for the Fifth Circuit has ruled that a disability discrimination case may proceed where Texas providers withheld life-sustaining treatment based on determinations that the patient's inability to walk or talk meant that he had a low quality of life. 

"We hold that a plaintiff asserts a cognizable claim for disability discrimination based on adverse medical treatment decisions—or decisions not to treat—when allegations show that the treatment was based 'solely,' in the pejorative sense, on the individual’s disability."

The family of Michael Hickson may now proceed on this and some other claims in the U.S. District Court for the Western District of Texas.

This ruling, combined with new DHHS regulations  targeting medical futility determinations, raises significant red flags for hospitals withdrawing life-sustaining treatment over patient or family objections.