Patient Force: Individual Autonomy in Halacha

Modern medical ethics place patient autonomy in deciding on treatment at the forefront, including the right to refuse life-saving treatment. However, the Torah teaches that an individual is not seen as the owner of their body and is therefore prohibited from harming themselves or refusing life-saving treatment. Simultaneously, a physician is obligated to preserve life wherever possible. Consequently, it is permitted to coerce a patient who refuses life-saving treatment in a situation of Pikuach Nefesh. 

However, there are some guidelines for coercive medical treatment. Rav Yaakov Emden, in sefer Mor u’Ketzia (328), discusses different conditions regarding coercive medical treatment. One factor is that it is not permitted to coerce a patient into a proven ineffective treatment or an unclear medical consensus on whether it is the proper treatment. For example, a patient can refuse an experimental treatment. Another example is the patient’s right to a second opinion, as another medical practitioner can use a different route. Thirdly, medical practitioners can differ on whether surgery is necessary or not or how risky the surgery is. However, a patient should be coerced into getting a life-saving treatment on Shabbos, as halacha can be overruled for pikuach nefesh besides the three cardinal sins. 

Rav Moshe Feinstein ruled that coercive surgery is permissible if it is highly successful (Igros Moshe, Y.D. 4:24:4). Rav Moshe Shternbuch ruled similarly that a patient can be corrected if it is likely to extend his life. However, he also ruled that if a procedure involves severe pain and offers only a slim chance of success, the patient is not obligated to consent. This is particularly significant in cases where the patient faces terminal illness or diminished quality of life. For example, Rav Shlomo Zalman Auerbach once ruled that a diabetic patient could refuse a life-threatening amputation that would prolong suffering but not cure their underlying condition. (Nishmas Avraham Vol 2, p57) 


Adapted from medicalhalacha.org

Previous
Previous

Oldest, but Not Firstborn

Next
Next

True Medical Ethics