Thứ Hai, 31 tháng 3, 2014

Adelaide Project to Stop Futile Hospital Treatment

The Southern Adelaide Health Alliance is a strategic partnership between Southern Adelaide Local Health Network, Southern Adelaide-Fleurieu Kangaroo Island, Medicare Local, SA Ambulance Service and Health Consumers Alliance of SA.  



Next month, SAHA will trial a program to stop futile hospital treatment of the dying elderly.  The program is designed to help doctors make better-informed decisions about patient care and to improve the final moments of people’s lives.  Dr Chris Moy explained:  “A lot of the people in ICU are put in there because of defensive medicine."  (Herald Sun)






Today in the History of End-of-Life Law

This day in history, March 31:



In 1976, the New Jersey Supreme Court ruled that Karen Ann Quinlan, who was in a persistent vegetative state, could be disconnected from her respirator. (Quinlan, who remained unconscious, died in 1985.)



In 2005, Terri Schiavo, 41, died at a hospice in Pinellas Park, Fla., 13 days after her feeding tube was removed in a wrenching right-to-die dispute.


Chủ Nhật, 30 tháng 3, 2014

End-of-Life Law, Ethics & Policy - What to Read

When I read articles longer than a short blog post, I read them in hard copy.  I underline.  I circle.  I make margin notes.




Here is my 'on-deck' reading relating to medical futility and end-of-life decision making.









Thứ Sáu, 28 tháng 3, 2014

Medical Futility - 350 Slides in 50 Minutes at Yale

I broke me own record of using 200 slides per hour.  Last night, at the Yale School of Medicine, I used 350 slides in my 50-minute presentation.  The slides are here.  



I really like the format for the Biomedical Ethics Program talks.  Instead of leaving just 10-15 minutes of time for interactive discussion with participants (as is often the case for conferences and grand rounds), Yale left 45 minutes.  I hope that time was as rewarding for the participants as it was for me.



I also posted my (merely 150) slides from today's more informal talk at Yale Law School on the "Decline and Fall of Medical Self-Regulation."

  

Disability Rights Protection . . . for the Dead?

The family of Jahi McMath gave an interview to Philadelphia reporters while in town to receive an award at the Terri Schiavo Life & Hope Award Gala.



Bobby Schindler observed:


Jahi’s family persevered through extreme pressure from doctors, media and public opinion to enable their child a chance to be properly cared for.


More and more these medical decisions are being put in the hands of hospitals and physicians rather than the way that it used to be where the family was the one making these types of decisions.


Just because ... they can't do what an able-bodied person can do, we don't feel like there is any reason to treat that person any differently than a person who doesn't have to deal with those types of injuries.

NBC reports that Schindler considers this a "medical rights issue for the disabled."  Really?  The dead are "disabled"?  



Well, I suppose that death is a "physical or mental impairment that substantially limits one or more major life activities."  But are the dead "persons" entitled to disability protection?


Thứ Năm, 27 tháng 3, 2014

End-of-Life Decisions for Extremely Low-Gestational-Age Infants: Why Simple Rules for Complicated Decisions Should Be Avoided

In the February 2014 issue of Seminars in Perinatology Annie Janvier and colleagues in Montreal again eloquently and cogently question the status quo.  So many articles on medical futility do not add much that is new or original.  This article really does.  Here is the abstract for "End-of-Life Decisions for Extremely Low-Gestational-Age Infants: Why Simple Rules for Complicated Decisions Should Be Avoided" 


Interventions for extremely preterm infants bring up many ethical questions. Guidelines for intervention in the “periviable” period generally divide infants using predefined categories, such as “futile,” “beneficial,” and “gray zone” based on completed 7-day periods of gestation; however, such definitions often differ among countries. The ethical justification for using gestational age as the determination of the category boundaries is rarely discussed.


Rational criteria used to make decisions regarding life-sustaining interventions must incorporate other important prognostic information. Precise guidelines based on imprecise data are not rational. Gestational age-based guidelines include an implicit judgment of what is deemed to be an unacceptably poor chance of “intact” survival but fail to explore the determination of acceptability. Furthermore, unclear definitions of severe disability, the difficulty, or impossibility, of accurately predicting outcome in the prenatal or immediate postnatal period make such simplistic formulae inappropriate.


Similarly, if guidelines for intervention for the newborn are based on the “qualitative futility” of survival, it should be explicitly stated and justified according to established ethical guidelines. They should discuss whether newborn infants are morally different to older individuals or explain why thresholds recommended for intervention are different to recommendations for those in older persons. The aim should be to establish individualized goals of care with families while recognizing uncertainty, rather than acting on labels derived from gestational age categories alone.

Thứ Tư, 26 tháng 3, 2014

The Dead Shall Be Raised

Odd experience.  I come to Yale to speak about medical futility.  Directly across the street from the law school is this cemetery with a sign that says "The dead shall be raised."  






NIHSeniorHealth Adds End of Life Module

NIHSeniorHealth.gov is a superb website for older adults that makes aging-related health information easily accessible for family members and friends seeking reliable, easy to understand online health information.  



The site was developed by the National Institute on Aging (NIA) and the National Library of Medicine (NLM) both part of the National Institutes of Health (NIH).  Not only the content but also the design is guided by a research-based approach.  Changes in memory, text comprehension, information processing speed and vision can interfere with older adults' use of computers.  NIH extensively tested NIHSeniorHealth with adults age 60 to 88 to ensure that it is easy for them to see, understand and navigate.



The site includes all sorts of topics, from falls to cataracts.  It now also includes a module on end of life. The subtopics include:




  • Preparing For The End of Life

  • Addressing Pain

  • Addressing Other Signs And Symptoms

  • Addressing Mental And Emotional Issues

  • Types Of Care

  • Places Of Care

  • Planning For Care

  • Paying For Care

  • Handling Health Care Issues

  • Support For Caregivers

  • When The End Comes

  • Coping With Grief





Thứ Ba, 25 tháng 3, 2014

Priceless: Failure of US Healthcare Spending to Increase Life Expectancy

Here is an infographic that places healthcare and healthcare spending into a broader context:  "Priceless: Failure of US Healthcare Spending to Increase Life Expectancy."














Thứ Hai, 24 tháng 3, 2014

The Place of Refusal of Food and Hydration in End of Life Decision Making

For far too long, VSED / VRFF has been largely neglected in the bioethics literature and in social discourse.  But, as my recent blog posts illustrate, the tide may be turning.  



As yet one more sign of this shift, Oxford University Professor Julian Savulescu will speak about the place of refusal of food and hydration as a legal and ethical form of assisted dying at QUT School of Law's 2014 Health Law Research Centre annual public lecture on March 31.


Chủ Nhật, 23 tháng 3, 2014

VSED / VRFF - Example of Dorothy Conlon



Sarasota, Florida's Herald-Tribune newspaper has a fantastic website on the life and death of Dorothy Conlon.  Conlon recently decided to hasten her death by voluntarily stopping eating and drinking (VSED).  





I have written about the legality of VSED (aka voluntarily refusing food and fluid VRFF) both here and here.  But the Herald-Tribune website provides a very nice first-person perspective on approaching and going through the process.





Plus, this week, two panel discussions are planned to provide the public with immediate opportunities to engage with experts on this topic.


Expert panel discussion presented by the Herald-Tribune, USF Sarasota-Manatee and Sarasota County Libraries.Tuesday, March 25, 2 p.m. to 3:30 p.m.Selby Auditorium, USFSM campus 8350 N. Tamiami Tr., Sarasota Seating limited. Doors open at 1:30 p.m. 


Dorothy's Choice: A Conversation about End-of-Life Issues Expert panel discussion presented by the Herald-Tribune, USF Sarasota-Manatee and Sarasota County Libraries.Thursday, March 27, 2 p.m. to 3:30 p.m.Jacaranda Public Library 4143 Woodmere Park Blvd., Venice Seating limited with doors open at 1:30 p.m.

Thứ Sáu, 21 tháng 3, 2014

CALL FOR PAPERS & PRESENTERS Health Care Reform: Implementation in Minnesota


The Hamline University Health Law Institute and Hamline Law Review, with the major support of Medica Health Plans, are working together to produce a day-long CLE/CEU Symposium on Friday, October 24, 2014 titled "Health Care Reform: Implementation in Minnesota." 





The topic of the Symposium is law and policy issues relating to the implementation of health care reform in Minnesota. A key goal of the conference is to address real, live, outstanding, and upcoming challenges.





We are currently seeking proposals for presentations and papers for our Symposium that will examine the outstanding challenges confronting the implementation of healthcare reform. Those interested should submit a CV and a 500-word abstract to healthlaw@hamline.edu by April 15, 2014. While the primary focus of your paper need not be Minnesota-specific, please explain the regional relevance of your topic and thesis. Additional information can be found here





















Imposed Death 2014: A Conference on Stealth Euthanasia

I am all registered for "Imposed Death 2014:  A Conference on Stealth Euthanasia" on May 2-3, 2014, at the Ramada Plaza Minneapolis.  I hope to gain a better appreciation of these arguments.  Here is a snapshot of the schedule.  There are also some separate workshops and seminars.  



9:15-10:00

Alex Schadenberg

Euthanasia World Overview



10:00-10:45

Ryan Verret

Playing Defense and Offense in Medical Ethics: What's happening in the US and how we took control of the ball in Louisiana!





10:55- 11:40

Jennifer Marie Hamann

Stealth Euthanasia - a Personal Experience



12:00-12:50

Mark Pickup

Grief and the Common Good



1:00-1:45

Julie Grimstad

Medical Futility, Brain Death and Other Threats



1:45-2:30

Bobby Schindler

The Terri Schiavo Case



2:45-3:30

Cristen Krebs

Poking Holes in the Darkness: Prolife Hospice



3:30-4:15

Mary Kellett

Prenatal and Infant euthanasia



4:15-4:45

Nancy Elliott

State Sponsored Suicide: What it really is and how to effectively fight against it


Thứ Năm, 20 tháng 3, 2014

Legal Briefing: Voluntarily Stopping Eating and Drinking


The latest issue of the The Journal of Clinical Ethics is out (Spring 2014, 25(1)).  Included in this issue is an update of my 2011 legal analysis of VSED/VRFF.  


Ethically Optimal Interventions with Impaired Patients -- Edmund G. Howe 


DNR and ECMO: A Paradox Worth Exploring -- Ellen Cowen Meltzer, Natalia S. Ivascu, and Joseph J. Fins 


Defending the Jurisdiction of the Clinical Ethicist -- John H. Evans




Can the Social Sciences Save Bioethics? -- Daniel Callahan 


Clinical Ethicists: Consultants or Professionals? -- William J. Winslade 


Response to Callahan and Winslade -- John H. Evans


The Desire to Die: Making Treatment Decisions for Suicidal Patients Who Have an Advance Directive -- Erica K. Salter 


Beyond Privacy: Benefits and Burdens of E-Health Technologies in Primary Care -- Julie M. Aultman and Erin Dean 


The Side-Effects of the "Facebook Effect": Challenging Facebook’s "Organ Donor" Application -- Adam M. Peña


Legal Briefing: Voluntarily Stopping Eating and Drinking -- Thaddeus Mason Pope and Amanda West


Thứ Tư, 19 tháng 3, 2014

Sylvia Sodden - Jewish v. Catholic Family Litigate Life Support in NY

Sylvia Sodden, 78, was raised in an Orthodox Jewish family in Brooklyn but converted to Roman Catholicism when she was just 20 years old.  In 2011, Sodden appointed her godson, Joe Arrigo, 53 as her healthcare proxy.  Sodden is now on life support.  Consistent with her wishes and after consulting with two priests, Arrigo instructed clinicians to withdraw the ventilator.



But, on Monday, Sodden's  sister Esther Feigenbaum filed a lawsuit Monday seeking to become her sister’s sole health care proxy.  “It is anathema to Orthodox Jewish belief to shut down life support from a person in Ms. Sodden’s condition … to do such would be nothing short of murder. . . .  Ms. Sodden, despite her mental illnesses, remains devoted to the religion of her ancestors and her family.”



Yesterday, a Brooklyn Supreme Court judge stripped Arrigo of his role as health care proxy and gave it to Feigenbaum, citing Arrigo’s absence in court as part of the reason.  


Thứ Ba, 18 tháng 3, 2014

Death Panels: Can We Handle the Truth?

My latest post at BIOETHICS.NET is available here"Death Panels: Can We Handle the Truth?"


Berkin Elvan - Clinicians Deny Stopping Life Support

During Turkey's Gezi Park protests of last summer, 15-year-old Berkin Elvan was hit on the head by a gas canister as he went to buy bread.  He has spent the past nine months in a coma.  



This past week, Elvan died, triggering protests across the country. Demonstrations, which began in İstanbul when news of the teenager's death broke, quickly evolved into anti-government protests across the country.



Some political factions have even claimed that the government instructed treating clinicians to take Elvan off life support, in order to create unrest ahead of local elections scheduled for March 30.



Responding to those claims, the Turkish Neurosurgical Society issued a press release, titled “Turkish doctors never turn off life support."  The release came with a message expressing condolences for Berkin and affirmed that the association was uneasy about the profession being used for political ends.


Thứ Bảy, 15 tháng 3, 2014

Conflict Resolution and Bioethics Mediation Training for Healthcare


The Joint
Commission requires that hospitals explicitly identify processes for resolving
conflicts in health care organizations. Additionally, the field of bioethics
now endorses Bioethics Mediation as a core competency for ethics consultants. 





This
training
 provides basic
skills for addressing conflict throughout healthcare, and is appropriate for
administrators, physicians, nurses, ethics committee members, in-house legal
counsel, health lawyers, chaplains, social workers, patient advocates, risk
managers, security staff and others.   





Conflict in health care is inevitable and often destructive.
Teams with diverse training 
collaborate to care for patients whose needs and goals vary
widely. The Joint Commission finds that communication problems underlie at
least 70% of sentinel events, and now requires all health care organizations to
have processes for addressing conflict. Conflict in the clinical setting can
cause adverse outcomes, patient dissatisfaction, provider burnout and moral
distress. 





Conflict Resolution Training provides
distinctive skills for these difficult conversations by assisting people in
conflict to listen carefully, define the problem(s), identify underlying
interests, problem-solve creatively, and ultimately forge a resolution that
makes sense for everyone. Well-developed conflict resolution skills can often
transform a festering problem everyone avoids, into an opportunity to enhance
future communication, improve quality of care and increase satisfaction for
patients, families, and care providers alike. 





Conflict resolution training thus enables
professionals who work in the clinical setting—administration, ethics committee
members, physicians, nurses, legal counsel, chaplains, social workers, patient
advocates, risk managers, security staff and others—to assist in difficult
situations with approaches ranging from informal conversations to serving as in-house
"neutrals" for particularly contentious conflicts. 





Additionally, Bioethics Mediation is now
recognized as an essential skill for ethics consultants. Rarely do requests for
an "ethics consult" involve genuine moral puzzlement about what is
the right thing to do. Far more commonly, strongly held but deeply divergent
views about what is right are in collision. A respectful conflict resolution
process, in which each person has the opportunity to be heard and understood,
can often enable disputants to have the respectful, problem-solving
conversation that finds common ground leading to a mutually acceptable plan of
action. The mediator does not provide the answers; rather the people in
conflict do. 





This training emphasizes learn-by-doing.
The instructors—experienced professional mediators who also are highly familiar
with health care's clinical realities—initially familiarize participants with
the "mediator's toolbox" of skills essential to conflict resolution,
then integrate those skills into a variety of simulation exercises. Across
these exercises, each participant will serve sometimes as mediator and
sometimes as disputant. All scenarios are based on real cases in health care,
and each practice is followed by in-depth debriefing with extensive feedback to
participants. Each scenario specifically highlights one or more of the
distinctive challenges that arise for conflict resolution in health care,
including: establishing the mediator's impartiality and credibility; cultural
issues; confidentiality of mediation in the clinical setting; determining who
belongs at the table; and other issues pivotal to successful resolution.




Thứ Năm, 13 tháng 3, 2014

Practically Engaged Bioethics Scholars

I strolled through the Rodin Museum & Gardens this afternoon.  The Gates of Hell struck me differently this time.  







Most of the sculpture represents all sorts of chaos and agony.  In contrast, the Thinker (near the top center) is apart and quietly contemplating something.  





What does this have to do with practically engaged bioethics scholarship?  I like being an academic.  But this sculpture illustrates something that I worry about:  being too detached from the practical reality of the subjects I study.





That is why I am delighted to engage with physicians, nurses, clinical ethicists, and others.  I want to be sure that the problems I address (and the manner in which I address them) help clarify and remove the obstacles to good medicine that clinicians and patients are really facing.










Wisconsin Bill to Eliminate Pregnancy Limitation on Advance Directives

The Marlise Munoz case received such wide and extensive media coverage that it woke up some long dormant and latent dragons.  Specifically, many individuals in other states were surprised to discover that their very own state statutes included precisely the same categorical limitations on advance directives as the Texas Advance Directives Act.




Consequently, it is no surprise that some of these states are now considering the elimination of this limitation.  One of these states is Wisconsin.  This week, legislators introduced A.B. 861.  This bill:


  • Eliminates the prohibition on giving effect to a "declaration" during a woman's pregnancy.

  • Removes the restriction on obtaining a do-not-resuscitate order when the patient is pregnant. 

  • Removes the prohibition on following do-not-resuscitate orders when the patient is pregnant.  

  • Permits a healthcare "agent" to make health care decisions when the individual is pregnant unless the patient designated otherwise.







Thứ Tư, 12 tháng 3, 2014

Health Care Decision-Making and the “F” Word—Futility

I am pleased to be a part of this upcoming webinar from the American Bar Association: "Health Care Decision-Making and the “F” Word—Futility."



Wednesday, April 23, 2014, from 1:00 – 2:30 Eastern time



  • Phone: 800-285-2221 and select option “2”

  • Online: http://apps.americanbar.org/cle/programs/t14mfh1.html

  • Event code: CET4MFH




Recent cases involving brain dead patients and resulting disputes over continuing organ-sustaining treatments have reignited debate over the appropriate use of medical technologies. The family of Jahi McMath in Oakland, CA, fought to keep their daughter connected to a ventilator, while a hospital in Fort Worth, TX, sought to keep Marlise Muñoz, fourteen weeks pregnant, on a ventilator over the objection of her husband and family. For terminally ill patients who are not brain dead, a family's desire to "do everything possible" sometimes leads to insisting on medical interventions that medical professionals may deem inappropriate or "futile."  




This program will:



  • Provide you with an understanding of the range of policy and practice issues concerning medical futility

  • Enable you to be accurate and supportive in counseling clients on these issues in the context of advance planning

  • Enable you to be more effective in counseling and dispute resolution when conflicts arise in end-of-life decision-making concerning the limits of care

  • The focus is not on litigation.  




Faculty:


  • Robert L. Fine, MD, FACP, FAAHPM, Clinical Director, Office of Clinical Ethics and Palliative Care, Baylor Health Care System, Dallas, TX

  • Bernard "Bud" Hammes, Ph.D, Director of Medical Humanities, Gundersen Lutheran Medical Foundation, La Crosse, WI

  • Thaddeus Mason Pope, JD, PhD, Director, Health Law Institute & Associate Professor of Law, Hamline University School of Law, St. Paul, MN

  • Charles P. Sabatino, JD (Moderator), Director, ABA Commission on Law and Aging, Washington, DC





Thứ Ba, 11 tháng 3, 2014

Hamline Health Law Rises in Rankings Again

This morning, U.S. News & World Report released its 2015 overall and specialty rankings of law schools.  I was pleased to see that Hamline's healthcare law rank has again gone up (again), now to #15.



#1 University of Maryland 

#2 St. Louis University 

#3 Case Western Reserve University 

#3 Loyola University Chicago 

#5 Boston University 

#5 Seton Hall University 

#7 Georgetown University 

#8 Georgia State University 

#9 University of Houston 

#10 Harvard University 

#10 Indiana University—Indianapolis (McKinney) 

#12 Drexel University 

#13 University of Minnesota—Twin Cities 

#14 University of Pittsburgh 

#15 George Washington University 

#15 Hamline University 

#15 Northeastern University 

#18 Arizona State University (O'Connor) 

#18 Wake Forest University 




Kentucky May Be Next State with POLST Statute



Last week, the Kentucky House passed a bill to enact POLST (called MOST).  Now the Senate is considering the bill.  





If your state does not yet have a POLST statute (or regulations), check out the brand new POLST Legislative Guide







The Journal of Medicine & Philosophy 39(2) has a great new symposium addressing one potential new tool to improve surrogate decision making.




  • Annette Rid - Will a Patient Preference Predictor Improve Treatment Decision Making for Incapacitated Patients?

  • Annette Rid and David Wendler - Use of a Patient Preference Predictor to Help Make Medical Decisions for Incapacitated Patients

  • Annette Rid and David Wendler - Treatment Decision Making for Incapacitated Patients: Is Development and Use of a Patient Preference Predictor Feasible?

  • Dan W. Brock - Reflections on the Patient Preference Predictor Proposal

  • Hilde Lindemann and James Lindemann Nelson - The Surrogate’s Authority

  • Stephen John - Patient Preference Predictors, Apt Categorization, and Respect for Autonomy

  • Rebecca Dresser - Law, Ethics, and the Patient Preference Predictor

  • Scott Y. H. Kim - Improving Medical Decisions for Incapacitated Persons: Does Focusing on “Accurate Predictions” Lead to an Inaccurate Picture?

  • Peter H. Ditto and Cory J. Clark - Predicting End-of-Life Treatment Preferences: Perils and Practicalities





Thứ Hai, 10 tháng 3, 2014

Lorna Baillie, Mistakenly Declared Dead, Suing for £5 Million

Here is yet another case that may further fuel prognostic mistrust when it comes to declaring death.



In February 2012, Lorna Baillie suffered a heart attack



and was taken to the Edinburgh Royal Infirmary.  Just a few hours later, healthcare workers declared Ms. Baillie dead, and switched off her life-support machines.  



But while paying their last respects in a private room, family members were convinced that they saw signs of life.  They appealed to nursing staff who explained these were after-effects of treatment.  Finally, 45 minutes after she was pronounced dead, clinicians accepted that Ms. Baillie was still breathing and took her back into intensive care and restarted treatment.  



Left brain damaged, Mrs Baillie has had to relearn how to perform basic tasks such as walking and talking. She is likely to need round-the-clock care for the rest of her life.  Her family is seeking a settlement of £5 million.


Chủ Nhật, 9 tháng 3, 2014

New York Criminally Charges Nine for Failing to Connect Ventilator

When healthcare workers make mistakes, even culpable mistakes, they are usually not faced with criminal sanctions.  Maybe they will internal sanctions like staff privilege restrictions, maybe civil liability, and maybe licensing board discipline.  Criminal sanctions are rare.  





But it sometimes happens.  Last month, the New York Attorney General charged nine staff members of a nursing home for failing to connect a patient's ventilator, for ignoring alarms, and for covering up the patient's death.




Thứ Bảy, 8 tháng 3, 2014

"Resurrection" on ABC

I am not sure that this is the type of show we need right now, one that fuels EVEN MORE false hope.  



In ABC's "Resurrection" the people of Arcadia, Missouri are forever changed when their deceased loved ones suddenly start to return."






Thứ Sáu, 7 tháng 3, 2014

37th Annual Health Law Professors Conference

If you are an academic who is teaching or researching in health law, then the 37th Annual Health Law Professors Conference is the conference for you.  



It is widely regarded as the single best gathering of academic health lawyers in the world.  (Sorry, AALS, SEALS, APHA, ASBH...).  Plus, this year, it is in San Francisco (June 5-7, 2014).



ASLME’s Annual Health Law Professors Conference is intended for professionals who teach law or bioethics in schools of law, medicine, public health, health care administration, pharmacy, nursing, and dentistry.



It combines presentations by experienced health law teachers with the opportunity for discussion among conference participants. The program is designed to provide participants with updates on issues at the forefront of law and medicine and to provide them with the opportunity to share strategies, ideas, and materials.


Thứ Năm, 6 tháng 3, 2014

Florida Court DENIES Hospital Request to Override Surrogate

I blogged yesterday about Cape Coral Hospital's petition to override its patient's surrogate and to withdraw the patient's life-sustaining treatment.  



The Court denied the petition, ruling that the son was acting as an appropriate surrogate in requesting continued non-palliative treatment.  

Medical Futility at Yale

I am speaking at Yale Medicine and at Yale Law later this month.  One of the talks is on medical futility.  So, I started brushing up on the local statutory and judicial landscape.  Boy was I surprised to find so many litigated medical futility cases in such a small state.  And the most recent one is against Yale itself.



In late 2013, in a 15-page written memorandum, a Superior Court denied Yale's motion to dismiss an intentional infliction of emotional distress (IIED) claim brought by the family of Helen Marsala.  



The family alleges that clinicians removed her ventilator without consent and over their objections.  The court ruled that a jury could find that "terminating a patient's life support with an awareness of her contrary wishes constitutes unacceptable behavior and would readily be considered extreme and outrageous."



Moreover, while completely unnecessary on a motion to dismiss (and this pure dicta), the court strongly indicated that the hospital would not qualify for civil immunity under Connecticut's 1991 statutory immunity section.


Thứ Tư, 5 tháng 3, 2014

Florida Court to Decide Medical Futility Case

Cape Coral Hospital (part of Lee Memorial Health System, near Fort Meyers, Florida) has asked a local court to allow them to remove life-sustaining treatment without the family's consent and over their objections.  







Judge Michael T. McHugh may soon adjudicate a case that frequently arises in our nation's hospitals but rarely reaches into a courtroom.  Confidential Party v. Confidential Party, No. 14MH165 (Lee County Circuit Court, Fla., Mar. 2014).



Yesterday, four doctors testified.  All said about the same thing.  If taken off life support, will she ever recover?  "There's about a 100% chance that this person will not survive and this is futile" testified neurosurgeon Douglas Newland M.D. (see video) "I've been doing this for 30 years," said Rahul Challapalli M.D. "In my experience I don't think I have seen anybody who's in this position at this stage going to recover."



The family disputes that the patient is in a PVS.  But the physicians do not seem to base their proposed treatment plan solely on that ground:




  • Dr. Newland testified about her quality of life:  "If she did remotely survive it will be in a severe disabled state that most people would not wish to continue in."

  • Dr. Challapalli testified about pain:  "I honestly hope to God that she's not feeling the pain for what we are doing. . . .  We poke her, we pry her, we have tubes there, we have operations there."



It looks like a first step will be for a physician independent of the treating hospital to examine the patient.    




Thứ Ba, 4 tháng 3, 2014

History of Shared Decision Making




Thứ Hai, 3 tháng 3, 2014

Farmiloe Campaign against Unilateral DNAR Orders

British actress Sally Farmiloe is campaigning for stricter controls on hospital 'Do No Resuscitate' (DNR) orders after publicly accusing doctors (in the Daily Mail) of deciding not to revive her if her heart failed.  



The actress has terminal liver and bone cancer and was admitted to a hospital in London in October.  She was later shocked to discover a DNR order in her medical records - which she did not authorize.


Chủ Nhật, 2 tháng 3, 2014

Intensive Care - Absence of Generally Accepted Healthcare Standards

One of the insightful "Murphy's Laws" is Leahy's Law: If a thing is done wrong often enough, it becomes right.




This succinctly captures a key legal obstacle to critical care physicians unilaterally refusing life-sustaining treatment deemed inappropriate or non-beneficial.





First, the high variability across hospitals, clinicians, and contexts means that it is difficult to know whether a specific surrogate-requested treatment really is contrary to "generally accepted healthcare standards" (the requisite standard to qualify for safe harbor immunity in many states).





Second, by continuing to provide treatment widely considered inappropriate (e.g. dialysis for permanently unconscious patients), clinicians are creating and reinforcing he very standard of care that they do not want to comply with.




Thứ Bảy, 1 tháng 3, 2014

Imposed Death: A Conference on Stealth Euthanasia

The Euthanasia Prevention Coalition, and Human Life Alliance are sponsoring a conference here in Minnesota on May 2-3, 2014, at the Ramada Plaza Minneapolis.  





















The conference will focus on the expanding threats to human life for patients facing serious health issues, and offering steps to prevent "this creeping stealth euthanasia." 



Get details and strategies from experienced speakers who have been working in response to this expansion of the culture of death. Become informed so you can effectively address these important life and death decisions.  Here is the schedule:












Friday May 2, 2014 
1:00-5:00Coalition Building Workshop - Alex Schadenberg, Tim Rosales, John Kelley and  Ryan Verret
1:00-5:00Patient Advocacy Training - Julie Grimstad
Break

Nursing Continuing Education Units, 2

7:00-7:15Conference Welcome
7:15-8:10Alex Schadenberg- talk Exposing Vulnerable People to Euthanasia and Assisted Suicide
8:10-9:00Bobby Schindler talk Media Ethics and The Bioethics Movement























Saturday May 3, 2014 - Nursing Continuing Education units, 7.8
7:30-8:00Mass available
8:30-9:00

 Registration

9:00-9:15

 Welcome by Joe Langfeld, HLA

9:15-10:00

 Alex Schadenberg - Euthanasia World Overview

10:00-10:45

 Ryan Verret - Playing Defense and Offense in Medical Ethics: What's happening in the US and how we took control of the ball in Louisiana!


Break

10:55- 11:40

 John B. Kelly, Assisted Suicide, Euthanasia, Not Dead Yet, and the Massachusetts Experience

11:40-12:00

 Pick Up Lunch

12:00-12:50

 Lunch Time speaker Mark Pickup, Grief and the Common Good


Break

1:00-1:45

 Julie Grimstad, Medical Futility, Brain Death and Other Threats

1:45-2:30

 Bobby Schindler, The Terri Schiavo Case


Break

2:45-3:30

 Cristen Krebs, Poking Holes in the Darkness: Prolife Hospice

3:30-4:15

 Mary Kellett, Prenatal and Infant euthanasia

4:15-4:45

 Nancy Elliott, State Sponsored Suicide: What it really is and how to effectively fight against it

4:45-5:00

 Alex Schadenberg, closing