New Hampshire

Bartling v. Superior Court in New Hampshire Law

How Bartling v. Superior Court applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Health Law (Right to Refuse Treatment).

State Approach

New Hampshire law recognizes the right of competent patients to refuse medical treatment, aligning with the principles articulated in Bartling v. Superior Court. The state emphasizes informed consent and the voluntariness of the patient's decision regarding treatment.

State Rule
In New Hampshire, a competent adult has the right to refuse medical treatment, including life-sustaining measures, provided that the decision is informed and voluntary.
Significant State Cases

In re McNulty

The court upheld a patient's right to refuse treatment based on their informed decision, reaffirming autonomy in healthcare.

State v. Hines

This case confirmed that competent individuals have the right to refuse treatment even if the refusal leads to death, emphasizing personal autonomy.

In re: Estate of Hodge

The court ruled that advance directives must be honored, reinforcing the principle of patient autonomy in treatment decisions.

Comparison to Federal Law

New Hampshire’s approach aligns closely with the federal standard under the Patient Self-Determination Act, both recognizing the critical importance of informed consent and the autonomy of patients in making treatment decisions. However, New Hampshire's legal framework provides more explicit protections regarding the right to refuse treatment.

Bar Exam Note

The principles established in Bartling v. Superior Court are often relevant in questions concerning patient rights and autonomy, which are critical areas of focus in the New Hampshire bar exam.

Practice Pointers
  • Always ensure patients are fully informed about their treatment options before discussing refusal of treatment.
  • Document all conversations regarding a patient’s decision to refuse treatment to protect against potential disputes.
  • Be aware of the nuances in state laws regarding advance directives and their enforceability.
  • Stay updated on recent case law that may impact patient autonomy and the right to refuse treatment.

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