Supreme Court of Canada Will Address Medical Futility

This morning, the family of Hassan Rasouli argued its recently-filed motion asking the Supreme Court of Canada to dismiss the pending lawsuit regarding his continued treatment.  The lawsuit had been framed on the understanding that Mr. Rasouli was in a persistent vegetative state.  In 2011, two of his physicians asked the courts to declare that, given Mr. Rasouli's condition, they could stop life-sustaining treatment without consent.  Two lower courts denied the physicians' request.




But a few weeks ago, in the middle of the Supreme Court appeals process, Mr. Rasouli was re-diagnosed as being in only a minimally conscious state.  Mr. Rasouli's attorney moved the Supreme Court to dismiss the appeal as moot.  He argued that his this rediagnosis development "radically changed" the nature of the case and rendered it an unsuitable legal vehicle upon which to decide when to withdraw life support.




However, the physicians' attorney urged the court to seize the opportunity to provide doctors with a legal framework they can use to determine when mechanical life support can be withdrawn based on an assessment of the proper standard of medical care.  "It is not that these cases don't come before the courts. . . .  But the patient dies before decisions can go through appeals. If this case is not heard, the law will be at loose ends for a long time to come."  (Globe & Mail)




The court denied the family's motion.  Fortunately, the court does not consider the legal issues to have lost their importance because of improvements in Mr. Rasouli’s medical status.