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Futility: Not Just a Medical Issue

Published online by Cambridge University Press:  29 April 2021

Extract

Is it futile to sustain biologic life when the patient will permanently require intensive medical care? Dr. Koch and Dr. Miles agree that such treatment would be futile; however, their concept of futility rests on no explicit standards and reflects no communal judgment. The authors view the lack of widely accepted medical standards as an impediment to answering this question definitively. Dr. Koch laments that patients and their families have seized too much power and have begun deciding that mere biologic life is worth sustaining. And Dr. Miles sees benefit to perceiving a decision not to sustain such life as “primarily biomedical” and “realistic.”

Here is where we disagree with these authors. We do not see the problem as a lack of standards that are medical. The question of prolonging a patient's life when the patient has no likelihood of regaining consciousness confronts moral, political, and economic issues.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1992

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References

Koch, K., Meyers, B., Sandroni, S., “Analysis of Power in Medical Decision-Making: An Argument for Physician Autonomy,” Law, Medicine and Health Care 20:4 (1991).Google Scholar
Miles, S., “Medical Futility,” Law, Medicine and Health Care 20:4 (1992).CrossRefGoogle Scholar
Callahan, D., “Medical Necessity, Medical Futility: The Problem-Without-a-Name,” Hastings Center Report 1991, 21:3035.CrossRefGoogle Scholar
See Miles, , supra note 2.Google Scholar
See Koch, et al., supra note 1.Google Scholar
See Miles, , supra note 2.Google Scholar
Cruzan v. Missouri Department of Health, 497 U.S.-.111 L.Ed.2d 224, 110 S.Ct 2841 (1990).Google Scholar
In re O'Connor, 72 N.Y.2d 517, 531 N.E. 2d 607, 534 N.Y.S.2d 886 (1988).Google Scholar