Who should have the right to determine if a patient lives or dies? The doctor or the patient's family?
When the Terri Schiavo case was raging last year many people missed a very important point. While George W. Bush was Governor of Texas a law was enacted which allowed doctors to override the wishes of the patient and the family and discontinue life sustaining medical treatment.
Texas Health and Safety Code Sec. 166.046 sets forth the procedures to be undergone to prevent the physician from imposing his will on the patient. The procedure is weighted heavily in favor of the physician and is very time sensitive which will make it expensive to retain attorneys.
The statute also restricts the relief available from the court even when suit is filed.
There have been very few cases challenging this law yet, but that is likely to change as more people are made aware of this abomination in our law.
Posted by Robert D. Bennett of http://www.bennettlawoffice.com/.
Texas Health and Safety Code Sec. 166.046 sets forth the procedures to be undergone to prevent the physician from imposing his will on the patient. The procedure is weighted heavily in favor of the physician and is very time sensitive which will make it expensive to retain attorneys.
The statute also restricts the relief available from the court even when suit is filed.
There have been very few cases challenging this law yet, but that is likely to change as more people are made aware of this abomination in our law.
Posted by Robert D. Bennett of http://www.bennettlawoffice.com/.

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