Medical Futility & Maryland Law

Medical Futility & Maryland Law

University of Maryland

November 30, 2010

8:30 a.m. - 4:00 p.m.

Brochure here

Passed in 1993, the Maryland Health Care Decisions Act (HCDA) addresses various aspects of end-of-life medical decision-making, including when treatments may be withheld or withdrawn from patients at the end of life. Two provisions in the Act allow physicians to withhold or withdraw treatments considered "medically ineffective" or "ethically inappropriate," as long as specified due process procedures are followed.

Yet, according to a Dartmouth survey, Maryland rates among the highest for intensity of medical care for Medicare beneficiaries in the last six months of life. Debate has ensued among some lawyers, risk managers, and health care professionals in Maryland surrounding what constitutes "medically ineffective" or "ethically inappropriate" treatment, and how to proceed if a surrogate decision-maker does not agree with a physician's determination to withhold or withdraw treatment based on these criteria.

The morning plenary sessions will define medical futility and related concepts (i.e., treatments considered "medically ineffective," "ethically inappropriate," or "non-beneficial"), and explore their role and that of Maryland state law in providing good end-of-life care that does not waste critical care resources. The afternoon sessions will include small group discussions about whether revisions should be made to Maryland's HCDA, or whether education is needed as to how these laws should be interpreted.