New Hampshire
How Brophy v. New England Sinai Hospital, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Health Law / Bioethics / Constitutional (Right to Refuse Treatment).
New Hampshire recognizes the constitutional right to refuse medical treatment, emphasizing patient autonomy and informed consent. The state requires clear evidence of a patient's wishes when refusing treatment, particularly in cases involving advanced directives or incapacitated patients.
In New Hampshire, the 'right to refuse treatment' is grounded in state constitutional law, upheld by the necessity of informed consent and the respect for individual autonomy in medical decisions.
The court affirmed a patient's right to refuse treatment, emphasizing the importance of respecting individual autonomy and the validity of advance directives.
The court recognized that even in cases where the patient is incapacitated, prior expressed wishes must be honored in accordance with state law.
The court held that the right to refuse treatment includes the right to make decisions about one's own medical care, reinforcing the constitutional principles established in Brophy.
New Hampshire's approach aligns with prevailing federal constitutional principles, particularly as articulated in cases like Cruzan v. Director, Missouri Department of Health. However, New Hampshire places a stronger emphasis on the explicit documentation of patient wishes in advance directives compared to federal standards.
Candidates should be familiar with the principles of informed consent and the right to refuse treatment, as these are commonly tested concepts in health law on the New Hampshire bar exam.