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Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law.

Publication ,  Journal Article
McCrary, SV; Swanson, JW; Perkins, HS; Winslade, WJ
Published in: Law, medicine & health care : a publication of the American Society of Law & Medicine
December 1, 1992

In this study, we investigated physicians' attitudes, knowledge, and reported practices regarding the effects of perceived legal constraints on the abatement of life-sustaining treatment from patients who are clearly dying. A factor in assessing these issues is the concept of defensive medicine -- that is the perception that doctors are being forced to order every possible laboratory test and second opinion, or to continue providing non-beneficial life-sustaining treatment, solely to protect themselves from future legal claims. This perception appears widespread among practicing physicians. However, we believe that defensive medicine represents only part of a complex constellation of factors that comprise physicians' reluctance to abate treatment. This phenomenon encompasses medical, legal, social, psychological, and spiritual factors interacting in ways that are not fully understood. We remain cognizant of the potential impact of all these factors. For purposes of this article, however, we have chosen to focus on legal and psychological aspects of physicians' reluctance to abate treatment and the corresponding ethical implications.

Duke Scholars

Published In

Law, medicine & health care : a publication of the American Society of Law & Medicine

ISSN

0277-8459

Publication Date

December 1, 1992

Volume

20

Issue

4

Start / End Page

364 / 376

Related Subject Headings

  • Applied Ethics
  • 2201 Applied Ethics
  • 1801 Law
  • 1605 Policy and Administration
 

Citation

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McCrary, S. V., Swanson, J. W., Perkins, H. S., & Winslade, W. J. (1992). Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law. Law, Medicine & Health Care : A Publication of the American Society of Law & Medicine, 20(4), 364–376.
McCrary, S. V., J. W. Swanson, H. S. Perkins, and W. J. Winslade. “Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law.Law, Medicine & Health Care : A Publication of the American Society of Law & Medicine 20, no. 4 (December 1, 1992): 364–76.
McCrary SV, Swanson JW, Perkins HS, Winslade WJ. Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law. Law, medicine & health care : a publication of the American Society of Law & Medicine. 1992 Dec 1;20(4):364–76.
McCrary, S. V., et al. “Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law.Law, Medicine & Health Care : A Publication of the American Society of Law & Medicine, vol. 20, no. 4, Dec. 1992, pp. 364–76.
McCrary SV, Swanson JW, Perkins HS, Winslade WJ. Treatment decisions for terminally ill patients: physicians' legal defensiveness and knowledge of medical law. Law, medicine & health care : a publication of the American Society of Law & Medicine. 1992 Dec 1;20(4):364–376.

Published In

Law, medicine & health care : a publication of the American Society of Law & Medicine

ISSN

0277-8459

Publication Date

December 1, 1992

Volume

20

Issue

4

Start / End Page

364 / 376

Related Subject Headings

  • Applied Ethics
  • 2201 Applied Ethics
  • 1801 Law
  • 1605 Policy and Administration