Sweiss v. Alberta Health Services

Blogging the DW case the other day reminded me that I never blogged the similar Sweiss v. Alberta Health Services case from a few months ago.  In that case the patient, Samir Sweiss, “wished that all Islamic law be followed.”  He had significant health problems (ischemic cardiomyopathy, hypertension, Type II diabetes, COPD, and other issues) that resulted in nearly 100 hospital admissions.  Mr. Sweiss then had a 40-minute arrest that left him in an even worse state.  The neurologist determined he had a zero percent chance of recovery.  Mr. Sweiss’s providers entered a DNR order and informed the family that they were going to discontinue ventilation support.   

The family disagreed and obtained a temporary injunction to get an independent assessment.  Mr. Justice Ouellette determined that a patient’s wishes and beliefs would not always trump other best interest factors.  Justice Ouellette ruled that a temporary injunction (from Sept. 25, 2009 to Sept. 30, 2009) was justified given Mr. Sweiss’ wishes and beliefs.  But Justice Ouellette did not grant the family’s request to life the DNR order, crediting the physician’s testimony that CPR would provide the patient no benefit.