Section 38A. In any proceedings related to court orders to not resuscitate or to withdraw life-sustaining medical treatment, the department or the party petitioning for the order shall require: (i) a written opinion from the child’s treating physician, (ii) a written recommendation from the ethics committee of the hospital at which the child is a patient, and (iii) a written second opinion from a physician who is certified in the same medical specialty as the child’s treating physician and who is not affiliated with the hospital at which the child is a patient. The department or the party petitioning for the order shall submit these documents to the court. The commissioner shall determine and make the department’s recommendation to the court. The court shall also seek a recommendation from the child’s parent or guardian. The court shall appoint a guardian ad litem to make a recommendation to the court on behalf of the child. Any appeal made under this section shall be an interlocutory appeal.

Terms Used In Massachusetts General Laws ch. 119 sec. 38A

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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