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Germany: Court Clarifies Requirements for Living Wills and Durable Healthcare Powers of Attorney

(Sept. 30, 2016) On July 6, 2016, the German Federal Court of Justice (Bundesgerichtshof, BGH) held that a statement in a patient’s living will that “I do not wish to receive life-prolonging treatments” was not sufficient to legally bind a patient’s representative to authorize removal of an artificial feeding tube. The Court also separately found that an authorized representative of a patient can only consent to […]

Italy: Legislation on Support for the Disabled

(July 27, 2016) On June 25, 2016, legislation establishing measures for the benefit of persons with disabilities entered into effect in Italy. (Law No. 112 of June 22, 2016, Provisions on Assistance Benefitting Persons with Serious Disabilities Who Are Deprived of Family Support (Law No. 112), GAZETTA UFFICIALE, No. 146 (June 24, 2016), NORMATTIVA (in Italian).) The […]

Israel: New Rules on Medical Care of a Minor Victimized by Parent

(June 14, 2016) On March 29, 2016, the Knesset (Israel’s parliament) passed an amendment to the Patient’s Rights Law that obviates the need for parental consent and delivery of medical information in certain cases of the medical treatment of minors. (Patient’s Rights Law (Amendment No. 9), 5776-2016 (Amendment Law), SEFER HAHUKIM [BOOK OF LAWS, the […]

Germany: Allowing Juvenile to Stop Medical Treatment for Cystic Fibrosis Constitutes Torture

(Sept. 11, 2015) On August 4, 2015, the German Federal Court of Justice (Bundesgerichtshof, BGH) held that letting a 12-year-old boy decide if he wants to continue treatment for the genetic disease cystic fibrosis, from which he had suffered since early childhood and for which he needed constant medical treatment, constitutes neglect of the custodian’s […]

European Court of Human Rights; France: Ruling on French Case of Discontinuation of Treatment

(June 17, 2015) On June 5, 2015, the Grand Chamber of the European Court of Human Rights (ECHR), in the case of Lambert and Others v. France, held by a majority opinion that the application of the French Conseil d’État decision of June 24, 2014, allowing the discontinuation of life-sustaining treatment to Vincent Lambert, would […]

Israel: Amendment Establishes the Right to Be Accompanied During Receipt of Medical Care

(Dec. 30, 2014) On December 9, 2014, the Knesset (Israel’s parliament) passed the Patient’s Rights (Amendment No. 8) Law, 5775-2014, amending the Patient’s Rights Law. (Amendment Law, Knesset website [scroll down to appropriate link on the right]; Patient’s Rights Law, 5756-1996, SEFER HAHUKIM [BOOK OF LAWS, Israel’s Official Gazette] 5756 No. 1591 p. 327, as […]

Israel: Tel Aviv District Court Authorizes Avoidance of Treatment for ALS Patient

(Dec. 16, 2014) On November 23, 2014, the Tel Aviv district court issued a declaratory judgment authorizing the gradual decrease of the ventilation rate of an amyotrophic lateral sclerosis (ALS) patient to a minimum. The court required that the procedure be undertaken only upon the treating physician’s verification beyond any reasonable doubt that the patient […]