Reconciling medical and legal conceptions of surgery – an exercise in futility?

Medicine views the idea of futile surgery as uncertain. Law, by contrast, not only views the concept as certain, but is increasingly imposing liability on surgeons who conduct futile surgery. This article reviews medical conceptions of futile surgery, with a special focus on recent medical research into medical futility and surgical intervention. The article then reviews a recent High Court decision where the court, among other matters, considered the potential liability of a surgeon, in the event that that surgeon conducted futile surgery. The article argues there is a disconnect between medical and legal definitions of futility, and that there needs to be greater dialogue between medicine and the law