A case of medical care being withheld is when a patient with terminal cancer refuses chemotherapy or other life-prolonging treatments. “This falls into the category of withholding care because the patient has the right to decline any medical intervention, even if it could prolong
their life, based on their values, goals, and preferences.”
(Ethics, n.d.)
There are legal issues to withdrawing or withholding medical care, depending on the
patient’s decision-making capacity, the presence of an advance directive or a surrogate, and the state laws that govern end-of-life care.
Some of the circumstances that could raise legal challenges are when the patient’s wishes are not clear or documented, and there is a conflict between the family and the health care team about the appropriate course of action. Also, “when the state laws require a judicial review or intervention for certain cases, such as when the patient is a minor, pregnant, or in a permanently unconscious state.”
(Kippert, 2020)
References
Ethics, A. C. (n.d.). AMA Principles of Medical Ethics: I, III, IV, V
. Retrieved from https://code-medical-
ethics.ama-assn.org/ethics-opinions/withholding-or-withdrawing-life-sustaining-treatment
Kippert, A. (2020, Aug 12). Why Abusers May Withhold Medical Care and Medication
. Retrieved from https://www.domesticshelters.org/articles/identifying-abuse/why-abusers-may-withhold-
medical-care-and-medication
