Can "Medical Futility" Conflicts be Mediated?

Abstract

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 groundandwiththelawinsuchcasesfrequentlyondoctors’side,mediation’spotential for a satisfactory resolution of medical futility conflicts is arguably limited.