Rethinking Futility: Clinician and Family Disagreement in Intensive Care

Authors

  • Ines Kraus Department of Public Health Ethics, Jutland University Centre for Bioethics, Denmark Author
  • Agnieszka Rossi Department of Public Health Ethics, Danube University Center for Medical Law and Ethics, Hungary Author
  • Claire Whitmore Department of Bioethics, Jutland University Centre for Bioethics, Denmark Author

DOI:

https://doi.org/10.5281/zenodo.22687467

Keywords:

medical futility, intensive care, surrogate decision-making, clinical ethics consultation, end-of-life communication

Abstract

Medical futility has long served as the concept clinicians reach for when they believe further intensive care cannot benefit a dying patient, yet decades of debate have shown that the term collapses two very different disputes into one word: a narrow factual claim that an intervention cannot achieve its physiological goal, and a much more common values judgment about whether an achievable outcome is worth its burdens. This perspective traces the field's shift away from 'futility' toward the more honest label 'potentially
inappropriate treatment,' and examines why that reframing matters for how clinician-family disagreement in intensive care should be understood and managed. We review the empirical literature on why these disputes arise -- prognostic misunderstanding, surrogate
decision-making burden, and structural discontinuity in ICU staffing -- alongside the procedural, ethics-consultation, and communication-based frameworks proposed to resolve them. We argue that advance care planning and dispute-resolution procedures each address only part of the problem, and that crisis conditions such as those seen during the COVID-19 pandemic exposed how quickly these frameworks can be strained past their design assumptions. We conclude that sustained, conflict-anticipating communication earlier in an ICU admission deserves at least as much attention as the procedural machinery invoked once a dispute has already hardened.

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Published

2026-12-05