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  • 9 - Extrajudicial Resolution of Medical Futility Disputes

  • Edited by Ben P. White, Queensland University of Technology, Lindy Willmott, Queensland University of Technology
  • Book:
    International Perspectives on End-of-Life Law Reform
    Published online:
    02 December 2021
    Print publication:
    09 December 2021, pp 180-201

  • Summary

    Increasingly, medical and legal professionals across the world have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable end-of-life medical treatment disputes. Although it is controversial, many commentators regard the conflict resolution provisions in the 1999 Texas Advance Directives Act (TADA) as a leading model and template. This chapter examines the process of passing this law and provides policy-makers in other jurisdictions with tips and strategies for enacting legislation like TADA. It also considers more recent developments, and in particular, efforts to slowly dismantle it. In short, this chapter is an examination of the conditions for the rise and fall of TADA. This inquiry is valuable, because it highlights lessons for other jurisdictions considering law reform on end-of-life medical treatment.