The court found her behavior to be "knowing and intentional" and described Dr. Weaver as "one of the most sensitive and honest physicians that I have been exposed to either in a courtroom or out of a courtroom." It held that "there exists no basis in law or in equity to saddle him with a continuing sole obligation for Brenda’s welfare."
In another refusal-to-treat case, an abusive and disruptive patient missed scheduled dialysis sessions, and threatened to kill his nephrologists, Dr. John Bower, and shoot the hospital administrator at the University of Mississippi Medical Center. The court ruled that to compel Dr. Bower to proffer dialysis was tantamount to involuntary servitude, and this would violate the 13th amendment which prohibits slavery. However, it ordered the medical center to continue to provide dialysis because there was no other facility in the region.
Dr. S. Y. Tan is an emeritus professor of medicine at the University of Hawaii, Honolulu. This article is meant to be educational and does not constitute medical, ethical or legal advice. It is adapted from the author’s book, "Medical Malpractice: Understanding the Law, Managing the Risk." For additional information, readers may contact the author at siang@hawaii.edu.