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Anxieties as a Legal Impediment to the Doctor-Proxy Relationship

Published online by Cambridge University Press:  01 January 2021

Marshall B. Kapp
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Type
Commentary
Information
Journal of Law, Medicine & Ethics , Volume 27 , Issue 1 , Spring 1999 , pp. 69 - 73
Copyright
Copyright © American Society of Law, Medicine and Ethics 1999

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References

See Sabatino, C.P., “The Legal and Functional Status of the Medical Proxy: Suggestions for Statutory Reform,” Journal of Law, Medicine & Ethics, 27 (1999): 52–68.Google Scholar
Regarding physicians' misperceptions about legal standards of care, see, for example, Liang, B.A., “Assessing Medical Malpractice Jury Verdicts: A Case Study of an Anesthesiology Department,” Cornell Journal of Law and Public Policy, 7 (1997): 121–64.Google Scholar
See, for example, Schneiderman, L.J. and Teetzel, H., “Who Decides Who Decides? When Disagreement Occurs Between the Physician and the Patient's Appointed Proxy About the Patient's Decision-Making Capacity,” Archives of Internal Medicine, 155 (1995): 793–96; and Hanson, L.C. et al., “Impact of Patient Incompetence on Decisions to Use of Withhold Life-Sustaining Treatment,” American Journal of Medicine, 97 (1994): 235–41.CrossRefGoogle Scholar
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Compare this approach with that exhibited by the Supreme Court of Wisconsin. See In the Matter of Edna M.F. v. Eisenberg, 210 Wis. 2d 557, 563 N.W2d 485 (1997) (holding that, if an incompetent patient is not in a persistent vegetative state, maximally aggressive medical interventions may not be discontinued in the absence of an advance directive or other specific prior statement of the patient's wishes under the precise circumstances).Google Scholar
Fulton, supra note 23, at 595. A description of this sort of problem has also been presented from the perspective of a patient's daughter. See Hansot, E., “A Letter from a Patient's Daughter,” Annals of Internal Medicine, 125 (1996): 149–51.Google Scholar
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