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Posted on January 8, 2021 at 9:59 AM

Janet Dolgin looks at how hard it is to resolve medical futility disputes in a new article in the BYU Law Review.

“This Article explores legal, moral, and social conundrums at the center of so-called ‘medical futility disputes.’ This Article shows how challenging it has proven for each of three sets of institutional arbiters—legislatures, courts, and hospital ethics consultants—to help with resolving such disputes.”

“That challenge notwithstanding, this Article concludes that everything else being equal, ethics consultations respond to futility disputes more successfully than do statutory rules or court review. That said, there may be a call for court review should an ethics consultation fail to result in agreement and compromise among the stakeholders.”

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