Frank A. Chervenak, MD and Laurence B. McCullough, PhD
Clinical facts and physicians’ ethical obligations are critical in resolving disagreements between parents and physicians about resuscitation of an extremely premature infant.
Nonlegal, judicial, and statutory courses of action are available to patient surrogates and physicians who cannot agree on withdrawal of life-sustaining treatment.
A summary of the legal cases that have set precedence for the rights of physicians and surrogates when life-sustaining treatment is withdrawn from patients who cannot make the final decision for themselves.
Increased use of emergency departments for primary care puts undue burden on EDs; however, EMTALA obligates EDs to provide care to patients regardless of their ability to pay.
Physicians should fully understand the ethical principles and professional standards involved in making decisions for the treatment of impaired newborns.
Parents' ability to make medical decisions for their children can be limited by state law if it is determined that the child's best interest is not being met.