Lisa Dahm at South Texas College of Law has published "Medical Futility and the Texas Medical Futility Statute: A Model to Follow or One to Avoid?" in the August 2008 Health Lawyer
, the flagship publication of the American Bar Association Health Law Section.
From the final paragraph of the conclusion: Texas’ medical futility process is not perfect, but it does provide a mechanism for dealing with irreconcilable conflicts between physicians and patients and/or their surrogates regarding end of life care. Existing “problems” with the TADA MFP – the definition of “inappropriate treatment,” the number of days allowed to effect a patient’s transfer, using a hospital committee to approve or deny the physician’s recommendation, the lack of facilities willing to accept patients on life support, and the health risks to patients during transfer – may likely be addressed in future legislative sessions. Currently, however, the TADA MFP is the only statute in the nation that brings the medical futilityprocess to a definitive conclusion. Whether other states will follow Texas’ lead and draft similar legislation remains to be seen.