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Understanding Rasouli judgment

October 18, 2013

Today, the Supreme Court of Canada delivered a split decision ruling (5-2) in the case involving Sunnybrook's intensivists Drs. Brian Cuthbertson and Gordon Rubenfeld and hospital patient Mr. Hassan Rasouli, who has been admitted since October 2010.

Sunnybrook appreciates the guidance the Court has provided in the care of patients who require invasive treatments to sustain their life despite the fact these interventions will offer no meaningful recovery. The Court has provided direction that consent must be sought from a patient or substitute decision maker, to withdraw life support. If a disagreement arises, the case should be referred to the Consent and Capacity Board (CCB) for resolution.

In light of this judgment, Sunnybrook will work in partnership with families and patients and the CCB to resolve these matters. With respect to Mr. Rasouli, there will be no immediate changes to his care plan and the decision to pursue the issue further through a CCB hearing is a matter the physicians will consider in the weeks to come.

Sunnybrook is proud of its clinical teams and the skill they exhibit on a daily basis in helping patients and families through some of the most difficult times in their lives. As the largest single site resource of critical care in the province, Sunnybrook will continue to provide life-saving and innovative care for the 1.2 million patients who rely on the hospital each year for care and support.

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