Kamis, 24 Februari 2011

No Transfer for Joseph Maraachli



As is usually the case in medical futility disputes, a hoped-for transfer for Joseph Maraachli did not materialize.  (Winnipeg Free Press).  Of course, the usual rule in treatment conflicts is "treat until transfer."  The provider must comply with the surrogate decision unless and until the patient is transferred.  


In contrast, in the instant case, the CCB and the Ontario Superior Court already ruled that the providers may stop treatment.  Therefore, it is the parents who must "consent or transfer."  Since it looks like they will do neither, a new guardian is likely to be appointed.  This case may end up being resolved similarly to the way in which Minnesota recently resolved the Albert Barnes case.


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