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11 Am. J.L. & Med. 147 (1985)
The Patient Who Refuses Medical Treatment: A Dilemma for Hospitals and Physicians

handle is hein.journals/amlmed11 and id is 157 raw text is: The Patient Who Refuses Medical Treatment: A Dilemma for Hospitals and Physicians Martha Swartz* ABSTRACT This Article reviews recent case and statutory law concerning patients who refuse medical treatment. Among the special cases considered are: 1) the competent adult patient who refuses treatment on religious or privacy grounds; 2) the incompetent patient whose own wishes were never expressed, but whose family refuses treatment; 3) the incompetent patient who expressed the wish not to be treated before becoming incom- petent; and 4) parents who refuse treatment on behalf of their child. It is pointed out that recent court decisions have blurred the distinc- tions between extradordinary care and ordinary care and between withholding and withdrawing life-sustaining treatment. Reference is made to the recent trend toward allowing the family of an incompetent patient to assert the patient's rights without court intervention either in the form of direct court order or through guardianship proceedings. Finally, the implications of these legal developments for health care institutions are discussed. A protocol pertaining to incompetent patients is proposed. Health care institutions are encouraged to develop formal policies for dealing with patients who refuse treatment, and to work with their professional associations in lobbying for legislation which will clarify the law in this area. I. INTRODUCTION A 24 year old Jehovah's Witness is wheeled into the hospital emer- gency room suffering from a life-threatening blood loss. Before she loses consciousness, she specifically rejects the physician's recommendation that she receive blood transfusions. In another part of the hospital, an 88 year old man suffering from terminal cancer lies comatose, sustained on a * Martha Swartz received her B.A. from the University of Michigan in 1971; M.S.S. from Bryn Mar College in 1976 and her J.D. from the University of Pennsylvania School of Law in 1980.

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