Futility by Any Other Name. the Texas 10 Day Rule
Journal of Bioethical Inquiry 2008 December; 5(4): 265-270
This commentary examines the ethics and law in the United States as they relate to the foregoing of life sustaining treatment when such treatment is deemed medically inappropriate. In particular the article highlights the procedural approach when there is disagreement between physicians and surrogates or patients as exemplified in Texas Law. This approach, although worthy in concept, may in practice invite opposition and dissatisfaction as it may be perceived as coercive and pitting the weak against powerful adversaries and interests, in addition to discouraging the exercise of professional virtues. Too inflexible an approach erodes trust, and furthermore the Texas law allows hospital ethics committees to move from an advisory non judgmental role to a quasi legal court with real legal power but no credentialing or oversight.
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A Bill to Amend the Federal Food, Drug, and Cosmetic Act to Prohibit the Use of Any Name in Connection With Any Prescription Drug Other Than the Official Name Designated for Such Drug by the Secretary of Health, Education, and Welfare S. 785, 96th Congress, 1st Session Unknown author (United States. Congress. Senate, 1979)