Abstract

This issue’s “Legal Briefing” column covers recent legal developments involving futile or non-beneficial medical treatment. This topic has been the subject of recent articles in JCE. Indeed, it was the subject of a “Legal Briefing” in fall 2009. Accordingly, this column focuses on legal developments from the past two years. These developments are usefully grouped into the following 11 categories: 1. Texas Advance Directives Act2. Ontario Consent and Capacity Board3. Surrogate selection4. Ex post cases for damages5. Ex ante cases for injunctions6. Coercion and duress7. Assent and transparency8. Brain-death cases9. Criminal and administrative sanctions10. Conscientious objection11. Penalties for providing futile treatment.