What can someone who disagrees with medical decisions about provision, withholding, or withdrawal of health care do?

This information is about the law in Maryland and may not be correct in other states.

• If the patient made the decision, no one has the power to override it unless they petition a court for guardianship, the court decides that the patient is not able to make those decisions, and appoints a guardian to make medical decisions for the patient.
• If the decision was previously expressed by the patient in a living will, a written or oral advance directive, or in health care instructions to an agent appointed in an advance directive, no one can override it unless a court appoint s a guardian.
• If the decision was made by a "surrogate" under the Maryland Health Care Decisions Act, no one can override it unless a court appoints a guardian.  
• If two (or more) people with EQUAL decision making power as surrogates disagree, the physician or someone qualified to be a surrogate must refer the case to the hospital or nursing home's "Patient Care Advisory Committee," and may act on the recommendation of the committee.  That decision can only be overridden by a court appointed guardian.
• A health care provider who believes that a decision to withhold or withdrawal life sustaining procedures is inconsistent with generally accepted standards of patent care can
• petition the health care facility's patient care advisory committee for advice OR
• File a petition in court for a ruling on the decision.
• A spouse, parent, adult child, grandchild, brother, sister, or other friend or relative who has qualified as a "surrogate" can file a petition in court for a ruling on the decision.

Last legal review 4/10/08 (PLL/M.A.J.)

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