The ongoing Hershberger case in Ohio may shed some light on the resolution of medical futility disputes. An Ohio court decided that the parents of 11-year-old Sarah Hershberger exceeded the scope of their decision making discretion by refusing chemotherapy. The court appointed a guardian to make Sarah's treatment decisions. The family is in hiding to avoid the court order.
Surrogates or parents exceed the scope of their authority when they make treatment decisions for too little treatment where the chance of success is very high. They similarly exceed the scope of their authority when they make treatment decisions for too much treatment where the chance of success is very low.
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