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Can 'Medical Futility' Conflicts be Mediated?

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Mr Justice Francis ended his judgment in Great Ormond Street Hospital v Yates, Gard and Gard with the recommendation that 'mediation should be attempted in all cases such as this one'. Although this gave the impression that mediation would be unquestionably beneficial in the Gard case and other 'medical futility' cases where the patient is incompetent, this paper contends that this is not as straightforward as it might at first appear. With the general absence of a middle ground and with the law in such cases frequently on doctors' side, mediation's potential for a satisfactory resolution of medical futility conflicts is arguably limited.
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Document Type: Research Article

Publication date: 01 December 2018

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  • The Journal of Medical Law and Ethics (JMLE) aims to publish excellent quality peer-reviewed articles, reports, case notes and essays in the field of medical law and ethics, which is a very exciting and controversial area of law. This journal aims to focus in particular on the legal and ethical aspects of medicine. This is an opportunity for the increasing number of academics and practitioners alike to discuss the most controversial areas of medical law, to present research, to analyse and criticise the law, and hopefully aim to improve the way that medical care is provided.
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