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A Proposal to Restore Futility as a Clinical Basis for a DNR Order under New York Law

Fins, Joseph J.; Swidler, Robert N.

The authors contend that New York's Family Health Care Decisions Act (FHCDA) should be amended to restore, as an additional basis for a surrogate to consent to DNR order, a finding by a physician that resuscitation would be medically futile - that is, would not restore heartbeat and breathing at all or for long. The FHCDA's clinical criteria relates to all end-of-life decisions, and does not have the "helpful specificity" that the medical futility standard had.

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Health Law Journal

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School of Professional Studies
Published Here
December 12, 2024