Family Involvement in the End-of-Life Decision-Making Process: Legal and Bioethical Analysis of Empirical Findings. (30th August 2021)

• Record Type: Journal Article
• Authors: Karako-Eyal, Nili; Gilbar, Roy
• Is Part Of: Medical law review. Volume 29:Number 3(2021)
• Page Start: 497
• Page End: 523
• Publication Date: 2021-08-30
• Subjects: autonomy -- decision-making -- end-of-life -- family -- Israeli law -- relatives; Medical laws and legislation -- Great Britain -- Periodicals; Medical jurisprudence -- Periodicals; Jurisprudence -- Periodicals; Legislation, Medical -- Periodicals; Medical jurisprudence; Medical laws and legislation; Great Britain; 344.41041
• DOI: 10.1093/medlaw/fwab032
• Languages: English
• ISSNs: 0967-0742

Abstract

Abstract: End-of-life decision making involves clinicians, patients, and relatives; yet, the law in Israel hardly recognises the role of relatives. This raises the question of the law's impact in practice and, hence, whether it should be amended. This issue is examined on the basis of findings from a qualitative, interview-based study conducted in Israel among relatives of dying patients. The findings indicate that there are areas in which clinicians and relatives do not adhere to the law in the end-of-life decision-making process. For example, they do not always ascertain the patient's end-of-life preferences, which ignores a patient's right to autonomy and their right to make informed decisions. The apparent gaps between the actual conduct of clinicians and relatives on the one hand and the directives of the Israeli Dying Patient Act 2005 on the other, lead us to propose several changes to the Act.