Winnipeg, Canada – Doctors Legal Right to Pull Plug Disputed

Winnipeg, Canada – Jocelyn Downie, the Canada Research Chair of Health Law and Policy said at a conference at the University of Manitoba in Winnipeg that doctors do not have the legal right to withdraw life-sustaining medical treatment against a patient’s wishes.

Downie, who is Canada’s foremost player in interpreting health law issues, stated that there is no legal precedent in Canada that gives doctors the authority to remove a feeding tube or issue a do-not-resuscitate order against a patient’s wishes.

Downie directly contradicted a notice from the College of Physicians and Surgeons of Manitoba, who asserted in their February 1, 2008 policy statement that a physician could unilaterally decide to remove life-sustaining treatment, including fluids and food, in certain circumstances.
The statement said that even when a patient is likely to regain a level of self-awareness, the physician could still withdraw life-sustaining medical treatment if the doctor obtains agreement from at least one other physician.
The doctor also must seek agreement with the family, but if agreement cannot be achieved, the doctor must give a 96-hour notice before removing life-sustaining treatment, including fluids and food.

Downie said that the guidelines need to be revised because they go too far. Doctors can’t medically determine whether a life is worth living. “I think it’s taking too much authority for physicians and I don’t think it’s legally acceptable or ethical,” stated Downie.

The comments made by Downie may affect the case of Samuel Golubchuk, an orthodox Jewish man, whose family is seeking to have his life-sustaining treatment continued while Grace Hospital in Winnipeg is seeking to withdraw it.