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Withholding and Withdrawing Treatment: The Role of the Criminal Law

NCJ Number
112576
Journal
Law, Medicine and Health Care Volume: 15 Issue: 4 Dated: (Winter 1987/88) Pages: 231-241
Author(s)
L H Glantz
Date Published
1988
Length
11 pages
Annotation
This review of relevant cases indicates that the laws of homicide have not been used arbitrarily by prosecutors or the courts in cases where physicians have in good faith withheld or withdrawn treatment from patients.
Abstract
Every court in the past 10 years which has examined the issue has refused to find that homicide or suicide laws forbid the withdrawal or withholding of medical treatment when that decision is made in good faith. Nevertheless, some health care providers have expressed the fear that publicity-hungry or power-hungry prosecutors might act otherwise. Although it is highly unlikely that a physician could be successfully prosecuted for unlawful homicide under existing law, a physician could be charged with murder by a district attorney. No law reform could ever guarantee that improper criminal or civil actions would not be initiated. The proper role of the criminal law in this area is to deter the abuse or bullying of patients that may lead to their deaths due to gross negligence or malice. There is no legal basis for physicians who act sensitively and responsibly in the withholding or withdrawal of treatment to fear conviction under criminal law. 46 references.

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