In re AK -- CCB Supports Physician over Surrogate

In a futility case from last month, the CCB ruled that a surrogate's refusal to accept a physician's treatment recommendation was not in accordance with the principles for giving or refusing consent to treatment as set out in Ontario Health Care Consent Act.

Interestingly, while the patient's son and other family did produce evidence (including a letter from the patient's Rabbi) that the patient would have wanted to continue LSMT, the board did not not find that evidence credible.  The board instead decided the case on an objective standard.  "The issue of the best interests for AK and the quality of the patient’s life was subverted by the family’s actions. . . . PK put his own views ahead of the expert opinions of AK’s treating physicians. In our opinion, PK was totally wrong."  

AK, A PATIENT OF YORK CENTRAL HOSPITAL RICHMOND HILL, ONTARIO, 2011 CanLII 82907 (ON CCB).