Medical Futility & Disability Discrimination at U.S. Supreme Court

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

The Court wrote: "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 medical defendants now seek a writ of certiorari from the U.S. Supreme Court. They argue that the Fifth Circuit is the first court of appeals to hold that "disability-discrimination claims can arise from medical-treatment decisions when the disability is related to the conditions being treated. That split with other courts of appeals warrants this Court’s review."

Interestingly, the lawyer seeking to overrule the Fifth Circuit decision is himself a  former Fifth Circuit judge. The U.S. Supreme Court denied cert. in a similar case in 1994. In re Baby K, No. 93–2076, 513 U.S. 825, 130 L.Ed.2d 42 (Oct. 3, 1994).