The Right to Refuse Resuscitation: Comparative Legal Analysis and Future Development Perspectives

Abstract

In the Law on the Establishment of Death of a Human Being, and on Critical Conditions, the patient’s right to refuse resuscitation has been established since 1997. However, procedural regulation was detailed only from 2020, following amendments to the relevant legal acts. Nevertheless, the practical implementation of this right continues to raise both legal and organisational challenges within clinical practice. In this context, the aim of this article was to analyse the legal regulation of an individual’s right to refuse resuscitation in Lithuania, to compare it with foreign jurisdictions, to identify Lithuanian physicians’ attitudes and knowledge regarding the existing legal framework, to determine whether this right is successfully implemented in medical practice, and to propose perspectives for improvement. The object of the study covers the right to refuse resuscitation and its implementation in clinical practice. The analysis revealed that although since 2020 Lithuanian legislation has provided more detailed regulation of processes related to (non-)resuscitation, the legal framework remains largely declaratory, and its practical implementation is complicated. The study identified limited accessibility of relevant documents, insufficient public awareness, a lack of training for physicians, and organisational differences between healthcare institutions, resulting in inconsistent implementation of patients’ expressed will. Although the law grants patients the right to refuse resuscitation, the procedural specifics of regulating this right pose significant challenges to ensuring patient autonomy. Both legal regulation and organizational improvements within healthcare institutions are necessary.