Thứ Sáu, 28 tháng 2, 2014

Current Developments in Privacy & Security Rule Enforcement

Please join us for this CLE at Hamline University School of Law next Thursday afternoon.  



Jerome Meites (Chief Regional Civil Rights Counsel, Office of the General Counsel, Region V, U.S. Department of Health & Human Services) will present "Current Developments in Privacy & Security Rule Enforcement." 









Nurse Prosecuted for Murder for Turning off Life Support

The Mississippi Attorney General announced that his office is prosecuting registered nurse April Renae Grissom, 28, for turning off a patient's life support machines.



Grissom was working as an R.N. at the facility where the alleged victim, 77, was receiving treatment. Grissom is charged with "depraved heart murder."  Under Mississippi law, "depraved heart murder” is an action that demonstrates a "callous disregard for human life" and results in death. It carries a life sentence.


Goold Inquest - No Gross Failure for Unilateral Withdrawal

Following a fall in February 2013, Bob Goold was admitted to Addenbrooke's Hospital in Cambridge.  He was placed on life support.  But when Goold's condition failed to improve, he was put on the "Withdrawal of Treatment Pathway" and food and fluids were stopped - WITHOUT family consent.  He died seven days later.  (BBC News



This week, Coroner William Morris recorded a narrative verdict.  Morris founds that Goold's clinicians accepted that their interaction with the family was "less than optimal in a number of significant respects" and that a formal consultation and decision on the end-of-care pathway should have taken place.  



BUT Morris further found that while this was an "unfortunate failure on the part of the hospital," it was not a "gross failure - it did not affect the outcome or what followed that decision."



Goold's dementia had already compromised his life expectancy and after the fall it must have been "apparent to all that in the absence of some dramatic change Mr Goold was going to die from his injuries."  Morris said, after a final attempt to bring Goold off life support failed, "no further treatment was considered to be in his best interests" and he was given "appropriate symptomatic relief."


Thứ Năm, 27 tháng 2, 2014

WSJ Health Experts on End-of-Life Medicine

Over the past few days, the Wall Street Journal Health Experts blog has posted quite a few good comments on end-of-life medicine, by top experts such as Elliott Fisher and Peter Provonost.  


Summer Institute for Informed Patient Choice




Inline image 1















































































You are cordially invited to attend the 2014 Summer Institute for Informed Patient Choice (www.siipc.org)




Call for Abstracts & Early Bird Registration closing soon!




WHAT IS SIIPC?


The SIIPC conference aims to reach an audience of policy-level delegates; law, medical, and ethics leaders; and patient advocates to help health care delivery go the final mile of ensuring that patients are aware of, understand, and can make use of evidence pertaining to their wellbeing. That is, to make sure that no patient is left in the dark. As two sides of the same coin, law and medicine must work together to encourage policy legislation to guide practice toward a true process of patient choice. SIIPC will draw on the ethical imperative for shared decision making in health care, and participants will:



  • attain a deeper understanding of the importance of greater transparency in health care;



  • engage in joint learning about innovative health care delivery methods to promote patient-centered care, and;



  • spread innovative solutions to promote safe, high quality, and transparent patient-centered care through inter-disciplinary collaboration.






SIIPC AT A GLANCE

















Dates


June 25-27, 2014


Location


Dartmouth College: Hanover Inn, Hanover, New Hampshire, USA


Hosts


*The Dartmouth Center for Health Care Delivery Science


*The American Society of Law, Medicine and Ethics


*The Dartmouth Institute for Health Policy and Clinical Practice


Additional Sponsors


*Informed Medical Decisions Foundation


*BMJ


*Emmi Solutions


CLE Credit Eligibility


ASLME will apply for 14.75 (based on a 60 minute hour) credits on your behalf upon request


CME Credit Eligibility


ASLME designates this live educational activity for a maximum of 14.75 Category 1 Credits


Speakers & Program


*20+ confirmed speakers from law, medicine, bioethics, and patient advocacy


*2 poster presentations


*Numerous opportunities for cross-disciplinary networking & discussion


Early Bird Price


$365 (now through March 31, 2014) + higher chance of securing a deeply discounted room at the conference site, which are booking quickly


Regular Price


$395 (April 1, 2014 through day of)


Call for Abstracts


Deadline: February 28, 2014. Extended until March 14, 2014


More Information



Twitter


#siipc14


Questions?










Thứ Tư, 26 tháng 2, 2014

UCLA Health Ethics Center


Thank you to the UCLA Health Ethics Center (and to the ethics committee) for a great visit.  I hope that it was as valuable for them as it was for me.  



I spend much of my year crafting and editing one law review or medical journal article after another.  I am well aware of the law and the academic literature.  Plus, I review, consider, and respond to counterarguments.  



But it is extremely valuable (and humbling) to walk outside the doors of the law school or philosophy department and actually "test" proposed solutions in the real world.



The photo above that I pulled from a campus newspaper article profiling the center is dated.  Pictured in the photo, left to right, are: 


Neil Wenger, MD, MPH - Director, Ethics Center; Professor of Medicine and Health Services Research


Kevin Dirksen, M.Div., M.Sc.- Clinical Ethicist  


James A. Hynds, LL.B., PhD - Senior Clinical Ethicist; Visiting Assistant Professor of Medicine, David Geffen School of Medicine  


Katherine Brown-Saltzman, RN, MA - Co-Director, Ethics Center; Assistant Clinical Professor, UCLA School of Nursing  

The Center now also has a Clinical Ethics Fellow, Tyler Gibb, J.D, Ph.D, and an Administrative Assistant, Mona Mazraani, B.S.


POLST Legislative Guide

























The National POLST Paradigm Task Force has posted some new legal resources designed to help identify potential legal barriers of POLST Program development and provide guidance for moving past potential barriers.  



I was pleased to help the NPPTF develop the new POLST Legislative Guide.


Thứ Ba, 25 tháng 2, 2014

Bioethics, Healthcare Policy & Alternative Dispute Resolution in the Age of Obamacare

My article from a November 2013 Cardozo Law conference is now available here.  Here is the full table of contents for the issue:






















  • Ethics Consultations and Conflict Engagement in Health Care - -Charity Scott

  • The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns - -Thaddeus Mason Pope

  • Bioethics Mediation at the End of Life: Opportunities and Limitations - -Ellen Waldman

  • Managing Conflict in Clinical Health Care With Diminished Reliance on Third Party Intervention: Forging an Ethical and Legal Mandate for Effective Physician-Patient Communication - -Edward J. Bergman

  • Bioethics Mediation & the End of Clinical Ethics As We Know It - -Autumn Fiester

  • “Cut the Dog in Half”: Resolving Animal Law Disputes Through the Use of Alternative Dispute Resolution - Michael Ploudre Kaiser





Thứ Sáu, 21 tháng 2, 2014

Conference on Contemporary Catholic Health Care Ethics

Next month, on March 13-14, 2014, the Loyola University Chicago Stritch School of Medicine will host the 11th Annual Conference on Contemporary Catholic Health Care Ethics on Clinical Care and Institutional Identity in the Catholic Tradition.  



Two sessions caught my attention in particular:


  • Farr Curlin:  "What Has Religion to do With the Practice of Medicine" 

  • Ron Hamel:  "POLST and Catholic Health Care: Compatibility or Conflict?"


The conference objectives are


  • Discuss the theological, social and legal foundations pertinent to Catholic healthcare ethics in our contemporary context by examining recent cases discussed in the media and within the health care community.

  • Analyze the Ethical and Religious Directives for Catholic Healthcare Services and interpret their meaning for ethical issues arising in healthcare by demonstrating an understanding of the ERD's and how they pertain to the Catholic health care mission and utilizing the ERD's in regards to medical decision-making and health care administration.



Thứ Năm, 20 tháng 2, 2014

Watson Fellowship Symposium: "Lives Worth Living" - Disability, Bioethics & Medicine

On April 4, 2014, Syracuse University Professor William J. Peace will host a day-long symposium on disability, bioethics, and contemporary medicine. 



Bill Peace himself will deliver a lecture on disability, bioethics, and healthcare. 



Barbara Farlow will address issues of life, death, and disability.  She travels widely and discusses the human rights of children with trisomy 13, the genetic anomaly that took her own daughter’s life. 



Professor Brenda Brueggemann of the University of Louisville will discuss the Nazi “T-4 Project” and its implications for contemporary scholars of disability and medicine. 



The closing event will be a keynote presentation by Pulitzer Prize winning writer Sheri Fink (MD) who will read from her new book Five Days at Memorial.


Thứ Tư, 19 tháng 2, 2014

End-of-Life Care: A National Dialogue (Macleans & CMA)

Macleans magazine and the Canadian Medical Association will be live streaming their conference, End-of-Life Care: A National Dialogue, tomorrow at 5:30 p.m. EST.  Register here for free.   This is the first of several cross-country series of public town halls focused on end-of-life care.






Thứ Bảy, 15 tháng 2, 2014

Sue Rubin on Medical Futility

If you are near the San Francisco Bay Area, check out Sue Rubin on March 13, 2014 at Community Hospice in Modesto.  She is leading a two-hour program and dinner on "How to Approach Medical 'Futility' Cases."























































Thứ Sáu, 14 tháng 2, 2014

French Court Seeks Independent Medical Opinions in Vincent Lambert Case

On Friday afternoon, the State Council again delayed issuing a decision in the case Vincent Lambert.  




Vincent Lambert : le Conseil d'Etat ordonne une... by lemondefr




The Council decided that given the extreme gravity of the situation and the seriousness of the decision, tit needed more expert medical evidence.  Specifically, the Council, is looking for the experts to address three questions:




  1. What is the extent of the irreversible damage suffered by Vincent Lambert?

  2. Is Lambert able to communicate?

  3. Can Lambert's responses be interpreted as a rejection of care or as a wish that the treatment be prolonged?




After this evidence is gathered, the State Council will issue its decision "before the summer."  (Le Monde)


National Aging & Law Conference

This October 16-17, 2014, the American Bar Association's Commission on Law and Aging will sponsor the New National Aging and Law Conference in Washington, DC. 








Thứ Năm, 13 tháng 2, 2014

Final French Decision in Vincent Lambert Medical Futility Case

Late last month, I blogged that the Administrative Court of Chalons-en-Champagne had instructed physicians at the hospital of Reims to NOT implement their decision to stop nutrition and artificial hydration for Vincent Lambert



Lambert's medical team had earlier determined that he was in a situation of "unreasonable obstinacy" (aka "therapeutic obstinacy" or "medical futility.").  But the court held that "continuing treatment was neither unnecessary nor disproportionate and was not intended only for the artificial maintenance of life."



Lambert's wife, who supports comfort measure only, appealed the court's decision.  The decision of the State Council, the highest French administrative court, was scheduled to be delivered today.  But the court has postponed the decision until 2:00 p.m. tomorrow.  


Thứ Ba, 11 tháng 2, 2014

Why Medical Second Opinion leads to Complexity


Patients
who have received their first diagnosis of a disease or condition from their
doctor are too often faced with two heavy decisions after this visit. The first
question weighing on their mind is likely what to do about their supposed
condition, and the second is likely to be if they should seek out a second
opinion
to see if they are actually dealing with that particular condition. 





Because initial diagnoses in American hospitals are somewhere between 50% and
80% inaccurate or non comprehensive, according to which data you examine, it is
clear why the medical second – and third and so on – opinion is so critical and
lends a necessary element of balance and possibility to the definitive first
visit.





When
the issue of medical futility and various treatment options come into play, a
doctor with a life saving second opinion makes the single or multiple diagnosis
much more complex, however. A second opinion here is necessary, in order to
fully understand the grand spectrum of treatments that are available for your
condition, even if the first opinion was right. Non-emergency medical decision
making based on chronic pain or disease demands a second opinion because no
doctor can be held accountable for being completely up to date on every
potential treatment, nor can they be held to a standard that is 100% accurate
all of the time.





Lyme Disease Example





Take,
for example, the instance of Lyme's disease, now considered a global epidemic.
Many who are successfully diagnosed with Lyme's do not find this is possible
until five, ten, or even thirty doctor visits down the road. Because Lyme's is
so often misdiagnosed as fibromyalgia, chronic fatigue, and depression,
multiple medical opinions are absolutely essential to getting to the truth of
the matter and thereafter beginning to treat the patient for the correct
disease. 





Many patients with Lyme's specifically find themselves spending
anywhere from $50,000 to $75,000 on initial doctor visits, testing, and
medication just to get to the diagnosis of Lyme's, without having done any
treatment whatsoever. Once treatment begins, that can cost anywhere from that
amount to twice that, and even then sometimes the disease conquers. 





It is clear
that in cases like these a second opinion is far more valuable than following
the treatment plan from the initial doctor visit and diagnosis, as something
like Lyme's is far more responsive when the spiroketes are treated very early
in the game.





Aid in Dying Example





Another
instance we may find is in the case of the state of Oregon, which is one of the
only states that allows physician assisted ending of life. Those individuals
who make this important choice are able to take one formula or a series of
drugs that quickly and painlessly end their life with the help of an appointed
Oregon resident, while also enabling them to plan ahead for their death and to
be surrounded by family and friends if they so desire. Many elderly people, or
those of any age, with serious chronic and painful conditions with no end in
sight take this route in order to avoid any more unnecessary strife and
expensive treatment. 





However, it is absolutely critical that only those with
accurate diagnoses are pushed to this level of life or death decision making.
The second opinion, in a case like this, is not an option or a consideration,
it is essential and spells out the difference between medical futility and a
second chance.





Conclusion





From
these two examples, it is clear why at times the life and death dichotomy is
reliant on a sound medical second opinion, and also why the patient must be his
or her own advocate in demanding a second opinion, even when the first
diagnosis fits the bill completely. Whether the initial diagnosis is confirmed,
or whether a new one is brought up for each subsequent doctor visit, the patient
who is thorough in their diagnostics will be rewarded by conclusiveness and
comprehensiveness over blank doubt and overwhelming possibility.





Author Byline:




This guest post is contributed by Rebecca Gray, who writes
for Backgroundchecks.org.
She welcomes your comments at her email id: GrayRebecca14@gmail.com.

Thứ Bảy, 8 tháng 2, 2014

Journal of Bioethical Inquiry

The Journal of Bioethical Inquiry has a new website.  Check it out here.









Thứ Sáu, 7 tháng 2, 2014

Doing Everything Possible: The Best or Worst Thing about American Medicine?

"Doing Everything Possible: The Best or Worst Thing about American Medicine?" is the title of a moderated debate that I will have with Wesley Smith at the World Affairs Council of Philadelphia on March 12.  



















My session is the third of five in the day.  The first session, "Can, Should, and Will Obamacare Improve America's Health?" features Bill Frist, Zeke Emanuel, Daniel Hilferty (President & CEO, Independence Blue Cross), and Stephen Klasko (President, Thomas Jefferson University).  



The second session, "How Can Medicare and Medicaid Remain Solvent?" features Dora Hughes (Senior Policy Advisor, Sidley Austin LLP and Health Policy Advisor, former Senator Barack Obama).  



The fourth session, "Why Can't We Cure More Things?" features Christopher Austin (Director, National Center for Advancing Translational Sciences) and John Walter (President & CEO, Leukemia & Lymphoma Society).


Thứ Năm, 6 tháng 2, 2014

Call for Proposals - ASBH 16th Annual Meeting

The Call for Proposals for the ASBH 16th Annual Meeting is now live.  



This year's meeting will be from October 16-19, 2014 at the Hilton Bayfront San Diego.  The theme is "Inclusive & Interprofessional: Bioethics & Humanities?"  The call for proposals will close at 11:59 pm Central Time, Thursday, March 6, 2014.






Physician Aid-in-Dying through Legislation: The Vermont Experience

Our friends over at the University of Minnesota Center for Bioethics are hosting an interesting seminar next Friday, Feb 14.  Bring your Valentine.  




Thứ Tư, 5 tháng 2, 2014

Intensive Care Hotline - Podcast on Medical Futility

A few weeks ago, I blogged about a new website by Australian ICU nurse Patrik Hutzel, Intensive Care Hotline.



Intensive Care Hotline is directed at family members who have a critically ill loved one in Intensive Care.  Hutzel's goal is to empower family members so that they can exercise power, influence decision making and stay in control of this challenging and difficult situation.   



I recently did a podcast with Patrik Hutzel on medical futility.  He is well-informed and asked great questions.  My answers may be equally intelligent.


Thứ Ba, 4 tháng 2, 2014

In re Tschumy - Can Guardians Consent to Stopping Life Support?

Yesterday, the Supreme Court of Minnesota hear oral arguments in In re Tschumy.  Video of the argument is available here.




The question in this case is whether court-appointed guardians have the power to consent to stopping life support for their wards.




Thứ Hai, 3 tháng 2, 2014

B.C. Court Rules on Healthcare Provider Duty to Honor VSED, VRFF

The Supreme Court of British Columbia has issued a 44-page decision in Bentley v. Maplewood Seniors Care Society (2014 BCSC 165).



I will provide commentary on this decision in a forthcoming Journal of Clinical Ethics legal briefing.  




In short, the court ruled:



  1. Mrs. Bentley is capable of making the decision to accept oral nutrition and hydration and is providing her consent through her behavior when she accepts nourishment and liquids;

  2. The assistance with feeding that she is currently receiving must continue;

  3. The provision of oral nutrition and hydration by prompting with a glass or spoon is a form of personal care, not health care within the meaning of the HCCCFA Act;

  4. Neither the 1991 Statement of Wishes nor the Second Statement of Wishes constitute a valid representation agreement or advance directive;

  5. Even if Mrs. Bentley was found incapable of making the decision to accept oral nutrition and hydration, I am not satisfied that the British Columbia legislature intended to allow reference to previously expressed wishes or substitute decision makers to be relied on to refuse basic personal care that is necessary to preserve life.

  6. Withdrawing oral nutrition and hydration for an adult that is not capable of making that decision would constitute neglect within the meaning of the Adult Guardianship Act.





Cemeteries: Expand Recreational Use as Public Parks

Although cemeteries today are often viewed as strictly a repository for the dead, they have traditionally been used as public parks and gardens. 



Given the overly death-denying attitude of our society, it might be beneficial to revive this 19th century tradition.



The historic relationship for cemeteries and open space is quite strong.  Many older cemeteries have extensive networks of country lanes, paved roads, wooded trials and greenscapes that invite exploration on bike, foot and cross-country ski. There is beautiful sculpture and architecture to admire.  And ponds make a great spot for picnics.