Court rules that withdrawal of life support is a plan of treatment requiring consent

Dr. Brian Cuthbertson and Dr. Gordon Rubenfeld had sought to withdraw the life-sustaining equipment, place [Hassan Rasouli] on palliative therapy and transfer him to another facility. But Rasouli's spouse, Parichehr Salasel, a physician in Iran until the family emigrated to Canada in April 2010...

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Bibliographic Details
Published in:Canadian Medical Association journal (CMAJ) 2011-05, Vol.183 (8), p.E467-E467
Main Authors: Cooper, Andrew B, Chidwick, Paula, Sibbald, Robert
Format: Article
Language:English
Subjects:
Court decisions
Health care policy
Humans
Informed consent
Informed Consent - legislation & jurisprudence
Intensive Care Units - legislation & jurisprudence
Laws, regulations and rules
Life support systems
Ontario
Physicians
Rasouli, Hassan
Withholding Treatment - legislation & jurisprudence
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Summary:Dr. Brian Cuthbertson and Dr. Gordon Rubenfeld had sought to withdraw the life-sustaining equipment, place [Hassan Rasouli] on palliative therapy and transfer him to another facility. But Rasouli's spouse, Parichehr Salasel, a physician in Iran until the family emigrated to Canada in April 2010, objected, primarily on the grounds that withdrawal of life-sustaining treatment violated a tenet of the Shia Muslim faith that health care treatment should be provided until there are no signs of life. Justice Susan Himel rejected the arguments of the physicians that withdrawal of life-sustaining treatment constituted a medical decision within their purview and that they were under no obligation to continue providing treatment because it would be of no benefit and would fall "outside the standard of care" (http://thaddeuspope .com /images /Rasouli v._Sunnybrook Ont . 2011_.pdf). "If the respondents' interpretation of the HCCA [Health Care Consent Act] is accepted, no consistent rules regarding the withdrawal of life support in Ontario would exist. Whether or not substitute decision makers would be given an opportunity to consent would depend on the doctor in question, with recourse only being had to the CCB [Consent and Capacity Board]at the doctor's discretion."
ISSN:0820-3946
1488-2329
DOI:10.1503/cmaj.109-3855