Resolving family-hospital conflict, a blind spot in end-of-life law

Stopping treatment of a patient – ​​who cannot express himself – even if it means shortening his life: this medical decision is causing more and more families to take legal action against it. De-escalating these conflicts requires time-consuming communication efforts for the medical team. The use of external mediation can be a solution to provide the necessary time for peaceful resolution of disputes.

In France, 12% of deaths occur in intensive care units and intensive care units. 10% of these were due to the decision to “limit or discontinue treatment” (LAT). If they estimate the therapy “useless, disproportionate, or having no other effect than artificial preservation of life”, the doctor may interrupt them in the name of resistance “unreasonable hardness of heart” based on the provisions of the 2016 Claeys-Leonetti law.

The family has no way to challenge it except by filing a summary release with the state administrative court. Since 2017, hospitals have been required to respect deadlines before implementing LAT decisions so that informed families can take legal action.

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