Abstract
Purpose
Review of the legal and ethical basis for reproductive endocrinologists to refuse ovulation induction to patients with diminished ovarian reserve.
Methods
The Lexis-Nexis search engine was used to perform a legal review pertaining to refusal of treatment. Ethical opinions of medical organizations were also reviewed.
Results
Federal antidiscrimination laws provide legal recourse for patients with diminished ovarian reserve who are denied ovulation induction. However, the same laws also permit refusal of care when there is bona fide medical justification to decline services. In addition, the codes of ethics for relevant professional organizations support physicians’ decisions to refuse treatment when treatment is futile.
Conclusion
Although it is ethically and legally permissible to deny ovulation induction to patients with diminished ovarian reserve when medically justified, refusal may invite retaliatory litigation. Counseling remains a cornerstone in directing these patients to options with more potential for success, such as donor eggs and adoption.
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Medically justified refusal to provide ovulation induction to patients with diminished ovarian reserve is legally and ethically permissible but requires cautious application.
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Karipcin, F.S., Hossain, A. & Phelps, J.Y. A legal-ethical analysis of reproductive endocrinologists’ right to refuse ovulation induction to patients with diminished ovarian reserve. J Assist Reprod Genet 28, 1105–1109 (2011). https://doi.org/10.1007/s10815-011-9636-3
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DOI: https://doi.org/10.1007/s10815-011-9636-3