FHCDA and Hospice

[Randi Erin Seigel]

I am trying to get clarity on a whether or not two physicians (or a
physician and the medical director) may make decisions regarding
withdrawing and withholding life-sustaining treatment for patients
without surrogates? There seems to be some understanding that this
may not occur; however, I do not see this supported by a reading of
the amended law. Any clarify would be greatly appreciated.

[Thaddeus Mason Pope]

When it comes to LST (as opposed major medical or routine
medical, which are separately addressed), section 2994-g(5)(A)
requires that such decisions usually be made by a court.

Your question seems to concern section 2994-g(5)(B) which does
permit "The attending physician, with independent concurrence
of a second physician designated by the hospital . . . may be
withdrawn or withheld from an adult patient who has been
determined to lack decision-making capacity . . . without
judicial approval."

But the physicians must "determine[] to a reasonable degree of
medical certainty that:"
"(i) life-sustaining treatment offers the patient no medical
benefit because the patient will die imminently, even if
the treatment is provided; and
(ii) the provision of life-sustaining treatment would violate
accepted medical standards, then s This paragraph shall not
apply to any treatment necessary to alleviate pain or
comfort":

In short, in contrast to states like Oregon, the FHCDA does
not offer a generally useful mechanism for un-befriended
patients.

--------------------------------
Thaddeus Mason Pope, J.D., Ph.D.
Widener University School of Law
4601 Concord Pike, Room 325
Wilmington, Delaware 19803

T: 302-477-2230
F: 901-202-7549
E: tmp...@widener.edu
W: www.thaddeuspope.com

EFFECTIVE JAN. 1, 2012:
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