Legal Help for Families in a Medical Futility Conflict

I often get asked what legal support there is for an individual whose family member is or was the subject of medical futility dispute.  While these conflicts are almost always resolved informally through consensus-building resources within the facility (e.g. chaplains, ethics consultants, social workers, ethics committees), sometimes the conflict is intractable.  Sometimes, the providers proceed to take unilateral action, and the family feels powerless.  





Fortunately, hospitals and providers are regulated by a large and overlapping web of state, federal, and private regulators.  If you have been unable to resolve an end-of-life conflict with the providers at the facility where the patient is being treated, then you might contact one or more of the following regulators:

• The Medicare QIO for your region


• The state entity that licenses the hospital or relevant healthcare facility


• The Joint Commission (if the relevant facility is accredited)


• The state entity that licenses the relevant individual healthcare provider (e.g. Board of Medicine, Board of Nursing)


• The long-term care ombudsperson for residents in nursing homes


• The state Attorney General (since unilateral refusal might constitute elder abuse, elder neglect, or homicide)


• A private attorney (to pursue, for example, an injunction ordering providers to maintain life support, or if life support has already been withdrawn, tort remedies or statutory sanctions under your state's Health Care Decisions Act)


• The Alliance Defense Fund (a network of attorneys that regularly successfully represent individuals in such cases)


• Your state affiliate of National Right to Life (some affiliates like Texas have helped families obtain extensions and/or transfers to other facilities)