The patient who refuses medical treatment: a dilemma for hospitals and physicians

This article reviews recent case and statutory law concerning patients who refuse medical treatment. Among the special cases considered are: the competent adult patient who refuses treatment on religious or privacy grounds; the incompetent patient whose own wishes were never expressed, but whose family refuses treatment; the incompetent patient who expressed the wish not to be treated before becoming incompetent; and parents who refuse treatment on behalf of their child. It is pointed out that recent court decisions have blurred the distinctions between "extraordinary" care and "ordinary" care and between withholding and withdrawing life-sustaining treatment. Reference is made to the recent trend toward allowing the family of an incompetent patient to assert the patient's rights without court intervention either in the form of direct court order or through guardianship proceedings. Finally, the implications of these legal developments for health care institutions are discussed. A protocol pertaining to incompetent patients is proposed. Health care institutions are encouraged to develop formal policies for dealing with patients who refuse treatment, and to work with their professional associations in lobbying for legislation which will clarify the law in this area.     

Reviews

Rajan Menon, Soviet Power and the Third World. New Haven and London: Yale University Press, 1986, ix + 261 pp. £18.50.

Georgi Arbatov, Cold War or Detente? The Soviet Viewpoint. London: Zed Books, 1983. xviii + 219 pp. £16.95, $30.00 h/b; £4.95, $8.95 p/b.

Jonathan Steele, World Power: Soviet Foreign Policy under Brezhnev and Andropov. London: Michael Joseph, 1983, xii + 287 pp. £14.95.

Imre Vincze, The International Payments and Monetary System in the Integration of the Socialist Countries, The Hague: Martinus Nijhoff, 1984, ix + 185 pp. £20.50, $32.00.

M. M. Kostecki ed. The Soviet Impact on Commodity Markets, London: Macmillan, 1984, xl + 271 pp. £25.00.

Gerhard Fink ed. East‐West Economic Relations Now and in the Future: Die Ost‐West‐Wirtschaftsbeziehungen heute und morgen, Vienna: Springer‐Verlag, 1985, 100 pp. DM 34,00.

András Köves, The CMEA Countries in the World Economy: Turning Inwards or Turning Outwards, Budapest, Akadémiai Kiadó, 1985, 248 pp. £18.25.

Ger P. van den Berg, The Soviet System of Justice: Figures and Policy, Martinus Nijhoff, Dordrecht, Boston, Lancaster (series Law in Eastern Europe No. 29) 1985, xiii + 374 pp incl appendices, indices and references, £56.95, $71.50.

Eugene Huskey, Russian Lawyers and the Soviet State. The Origins and Development of the Soviet Bar, 1917–1939. Princeton: Princeton University Press, 1986, xii + 247 pp. £19.00.

David Lane, Labour and Employment in the USSR. Brighton: Wheatsheaf Books (distributed by Harvester Press), 1986, 280 pp. £28.50.

Martin McCauley and Stephen Carter, eds. Leadership and Succession in the Soviet Union, Eastern Europe and China. London: Macmillan, 1986, xiii + 256 pp. £27.50 h/b, £8.95 p/b.

Leslie Holmes, Politics in the Communist World. Oxford: Oxford University Press, 1986, xi + 457 pp. £25–00 h/b, £9.95 p/b.

Peter Kenez, The Birth of the Propaganda State: Soviet Methods of Mass Mobilization, 1917–1929. Cambridge: Cambridge University Press, 1985. xi + 308 pp. £27.50, $39.50 h/b, £9.95, $12.95 p/b.

Joseph J. Collins, The Soviet Invasion of Afghanistan: a Study in the Use of Force in Soviet Foreign Policy. Lexington, Mass.: Lexington Books, 1986, xv + 197 pp. £22.50, $31.25.

Leszek Buszynski, Soviet Foreign Policy and Southeast Asia. London: Croom Helm, 1986, 303 pp. £25.00.

William J. Kelly, Hugh L. Shaffer and I. Kenneth Thompson, Energy Research and Development in the USSR: Preparations for the Twenty‐First Century. Durham, North Carolina: Duke University Press, 1986, xvi + 417 pp. £62.50.

Gregory D. Andrusz, Housing and Urban Development in the USSR, London: Macmillan in association with CREES, University of Birmingham, 1985, xix + 354 pp. £30.00.

Jane Ellis, The Russian Orthodox Church: a Contemporary History, London & Sydney: Croom Helm, 1986. 531 pp. £27.50.

Edward Acton, Russia: The Present and the Past, London and New York: Longman, 1986, xiii + 342 pp. £17.50 h/b, £8.95 p/b.

Robert Service, Lenin: A Political Life. Vol. 1. The Strengths of Contradiction. London: Macmillan, 1985, x + 246 pp. £25.00.

Abbott Gleason, Peter Kenez and Richard Stites, eds., Bolshevik Culture. Experiment and Order in the Russian Revolution. Bloomington: Indiana University Press, 1985, xii + 304 pp., $27.50.

Josef Garlinski, Poland in the Second World War, London: Macmillan, 1985, xxi + 387 pp., £25.00

Andreas Dorpalen, German History in Marxist Perspective. The East German Approach. London: I. B. Tauris & Co., 1985, 542 pp., £24.50.

Walter Parchomenko, Soviet Images of Dissidents and Nonconformists. New York: Praeger, 1986, xv + 251 pp., $33.95.

Soviet Armed Forces Review Annual. Vol. 9 (1984–1985). Edited by David R. Jones. Gulf Breeze, Florida: Academic International Press, 1986. x + 313 pp., $69–50.     

Civil commitment of the mentally ill: an overview

This article discusses historical themes that led to the civil commitment reforms of the sixties and seventies. The changes in the substantive criteria for commitment are analyzed and critiqued. The author believes that the present criteria tend to focus so specifically on various external indicia of mental illness that they render commitment difficult for many seriously ill patients. An alternative commitment scheme is discussed.     

Introduction to the Baby Jane Doe papers

A conference was held at the State University of New York at Stony Brook in October 1984 to discuss the controversy concerning treatment of a newborn with severe congenital defects that became known as the Baby Jane Doe case. Fox provides some background information on the case to introduce a set of of six articles consisting of papers delivered at the conference. These articles deal with historical aspects of the treatment debate (Stanley J. Reiser), problems of clinical decision making (John M. Freeman), the legal issues involved (John A. Robertson), coverage of the case by the media (Stephen Klaidman and Tom L. Beauchamp), federal efforts to regulate the treatment of handicapped newborns (Lawrence D. Brown), and the alliance that arose between opponents of abortion and advocates of the rights of the handicapped (Constance Paige and Elisa B. Karnofsky).