Florida Courts have long declared that “a competent individual has the constitutional right to refuse medical treatment regardless of his or her medical condition.”[1]  This legal construction is based on the fundamental right to privacy expressly stated in Article I, Section 23 of the Florida Constitution.[2]  This right to refuse medical treatment permits individuals to refuse a life-saving treatment based on religious grounds.[3]  In addition, this right allows individuals to die with dignity when facing a terminal illness; permitting an individual to undergo palliative care instead of life-extending care.

Florida Courts have also determined that an incompetent person possesses the same right to refuse medical treatment as a competent person.[4]  This issue normally arises when an individual either lacks cognitive function, or is under the age of eighteen–the legal age of consent.[5] Sometimes determining the wishes of an incompetent person can create a conflict amongst family members of the incompetent person.  A very public example of this was the Terry Schiavo case which became a national phenomenon.  In that case, Mrs. Schiavo’s spouse and her parents fought over whether Mrs. Schiavo would have refused treatment were she competent.[6]  Floridians are able to relieve their loved ones of these decisions, and therefore may avoid controversies such as the Schiavo case, by completing living wills and medical healthcare surrogate forms.  Forms for these documents may be found on the Florida Agency for Health Care Administration website, here. [7]

In addition, when a hospital or medical provider does not agree with the decision to refuse medical treatment, the state of Florida may file a lawsuit to compel medical treatment.  However, due to an individual’s right to refuse medical treatment, the state faces an uphill battle in its effort to force a person to undergo medical treatment.  Specifically, the state must prove it has a compelling state interest that is great enough to override the constitutional right to privacy.[8]

This right to refuse medical treatment can also create a conundrum for first responders.  paramedics, firefighters, and law enforcement officers who make split-second decisions on providing immediate medical aid to save lives.  However, the right to refuse medical treatment interjects an additional variable into a first responders’ reaction to a situation, where they must respect the wishes of a person in an emergency situation who is refusing medical treatment, and whose life could otherwise be saved by a first responder.  The person’s decision must be respected by a first responder, because if it is ignored, the first responder could face civil liability.[9]

[1] In re Guardianship of Browning, 568 So.2d 4, 10 (Fla. 1990).
[2] Id.
[3] See Public Health Trust of Dade Cnty. v. Wons, 541 So.2d 96 (Fla. 1989).
[4] Browning, 568 So. 2d at 12
[5] See In re Guardianship of Barry, 445 So.2d 365, 371 (Fla. 2d DCA 1984).
[6] In Re Guardianship of Schiavo, 916 So.2d 814 (Fla. 2d DCA 2005)
[7] While these forms are approved by the Supreme Court of Florida, neither the Supreme Court of Florida nor the Florida Bar expresses an opinion as to whether the forms comport with current law.
[8] Browning, 568 So. 2d at 14.
[9] See Rodriguez v. Pino, 634 So.2d 681, 685 (Fla. 3d DCA 1984) (“a physician who treats a patient despite such a refusal is civilly (and criminally) liable for assault and battery”).

Issues related to the right to refuse medical treatment will continue to confront Florida families, medical providers, and first responders.  However, the best advice for all is to complete the forms linked above while in a competent state, giving explicit instructions as to your wishes for medical treatment.

Celia Thacker Dorn is an appointed Governor and current President of the Osceola County Bar Association.  She is the Assistant City Attorney for the City Kissimmee and her primary assignment is Legal Advisor to the Kissimmee Police Department.