Non-treatment decisions on grounds of "medical futility" and "quality of life": interviews with fourteen Dutch neonatologists

This essay opens with background information about the concept of "medical futility" and the regulation of nontreatment decisions in Dutch neonatology. The regulations include a list of criteria for predicting the baby's future quality of life. The second part presents the findings from interviews with fourteen Dutch neonatologists on the mannerin which they apply the criteria in their practice.     

Disclosure of medical data to relatives after the patient's death: recent legal developments with respect to relatives' entitlements in the Netherlands

In the Netherlands the physician is still bound to professional confidentiality after the patient's death. However, in the legal doctrine and in case law some exceptions have been recognized, especially for circumstances where the relatives have a legitimate interest in the inspection of medical records of the deceased. Today developments as regards the Dutch proposal to new legislation on patients' rights, notably the proposed insertion of a provision stipulating the conditions under which the relatives have a right of access to medical records of the deceased, give cause for renewed consideration of this issue related to legal protection after death. This article explores whether the proposed provision corresponds to the prevailing principles regarding disclosure of medical data after death. It is concluded that there is a need to reconsider the provision's wording or to adhere to self-regulation of the Royal Dutch Medical Association in order to strike an appropriate balance between the various interests concerned.