Wednesday, November 11, 2009

Advance Directives Curb Healthcare Costs

Over at NPR's Health Blog, Christopher Weaver takes us back to 1977, when HCFA (now CMS) Administrator Robert Derzon suggested in a memo (the original of which is linked to here and in the post) that "The cost-savings from a nationwide push toward 'Living Wills' is likely to be enormous." Derzon also warned of "some negative public reaction."

Cost, of course, is only one reason for government support of advance care planning.  The primary reason is, and always has been (for example in the PSDA), to protect and promote patient autonomy by ensuring that people can control their post-autonomous healthcare.
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Tuesday, November 10, 2009

Baby RB - Both Parents, Hospital, and Judge Agree to Withdraw Treatment

Baby RB's father has consented to withdrawing life-sustaining medical treatment from his severely disabled baby boy.  (IndependentBBC)  The father’s counsel Martin Westgate said his client “after a very great deal of thought and hearing all the evidence which has developed in this case” agreed the ventilator be switched off. The mother had said that she supported the doctors because “the intolerable suffering experienced by my son must outweigh my grief.” 


Mr Justice McFarlane described the move as “sad but inevitable”.  He described the baby’s pain in “the very living of life itself, day by day, hour by hour”.  He granted an order “it would be lawful in baby RB’s best interests and provide such palliative care to maintain and promote his comfort before, during and after the withdrawal of ventilator support”.  Doctors, he said, would give RB “a peaceful, calm and dignified death”.  (Daily Express)


Apparently, the father changed his mind after "hearing medical evidence which suggested it would be in the best interests of the child if medical support was withdrawn."  One wonders about how deliberate was the hospital's internal dispute resolution (aka ethics consultation) process.  Perhaps the hospital, optimistic that it would be easier to convince a judge than the father, jumped straight into court.  


If true, this is analogous Bob Truog's criticism of the Texas Advance Directives Act:  if there is an "easy" solution ("key" to opening the gate to what the physicians want), then there is less incentive to work and try as hard to secure surrogate consent. 
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Cancer Treatment and Health Care Reform

One argument you may hear against health care reform concerns cancer survival rates. The United States has higher cancer survivor rates than countries with national health care systems, we’re told. Doesn’t this mean we should keep what we’ve got and not change it?

Certainly cancer survival rates are a critical issue for people suffering from the deadly lung cancer mesothelioma. So let’s look at this claim and see if there is any substance to it.

First, it’s important to understand that “cancer survival rate” doesn’t mean the rate of people who are cured of a cancer. The cancer survival rate is the percentage of people who survive a certain type of cancer for a specific amount of time, usually five years after diagnosis.

For example, according to the Mayo Clinic, the survivor rate of prostate cancer in the United States is 98 percent. This means that 98 percent of men diagnosed with prostate cancer are still alive five years later. However, this statistic does not tell us whether the men who have survived for five years still have cancer or what number of them may die from it eventually.

Misunderstanding of the term “survivor rate” sometimes is exploited to make misleading claims. For example, in 2007 a pharmaceutical company promoting a drug used to treat colon cancer released statistics showing superior survival rates for its drug over other treatments. Some journalists who used this data in their reporting assumed it meant that the people who survived were cured of cancer, and they wrote that the drug “saved lives.” The drug did extend the lives of of patients, on average by a few months. However, the mortality rate for people who used this drug — meaning the rate of patients who died of the disease — was not improved.

But bloggers and editorial writers who oppose health care reform seized these stories about “saving lives,” noting that this wondrous drug was available in the United States for at least a year before it was in use in Great Britain. Further, Britain has lower cancer survival rates than the U.S. This proved, they said, the superiority of U.S. health care over “socialist” countries.

This is one way propagandists use data to argue that health care in the United States is superior to countries with government-funded health care systems. They selectively compare the most favorable data from the United States with data from the nations least successful at treating cancer. A favorite “comparison” country is Great Britain, whose underfunded National Health Service is struggling.

It is true that the United States compares very well in the area of cancer survival rates, but other countries with national health care systems have similar results.

For example, in 2008 the British medical journal Lancet Oncology published a widely hailed study comparing cancer survival rates in 31 countries. Called the CONCORD study, the researchers found that United States has the highest survival rates for breast and prostate cancer. However, Japan has the highest survival for colon and rectal cancers in men, and France has the highest survival for colon and rectal cancers in women. Canada and Australia also ranked relatively high for most cancers. The differences in the survival data for these “best” countries is very small, and is possibly caused by discrepancies in reporting of data and not the treatment result itself.

And it should be noted that Japan, France, Canada and Australia all have government-funded national health care systems. So, there is no reason to assume that changing the way health care is funded in the U.S. would reduce the quality of cancer care.

— Barbara O’Brien (guest blogger)
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Monday, November 9, 2009

Baby RB Video - Nurse and Mother Cry in Court


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Sunday, November 8, 2009

Pro-Con Debates in Critical Care Ethics: Practicing Medicine in a Morally Pluralistic Society

As I recently blogged, Chest just ran a great 4-article point-counterpoint debate on medical futility and the Texas Advance Directives Act between Bob Fine and Bob Truog.  I am excited to participate, in May, in a "live" version of a similar debate with Bob Fine at the American Thoracic Society International Conference.  




The 2.5 hour session, which includes other great speakers and topics is titled "Pro-Con Debates in Critical Care Ethics: Practicing Medicine in a Morally Pluralistic Society."  The specific question that Dr. Fine will defend and that I will attack is:  "Approaching medical futility: Laws that grant treating physicians and hospital committees authority to refuse to provide life sustaining treatment are ethically sound." 
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H.R 3962 Passed - Voluntary Advance Care Planning Consultation

H.R. 3962 [PDF] was passed by the House of Representatives last night.  While much of the focus is rightly on Division A of the bill: "AFFORDABLE HEALTH CARE CHOICES," I wanted to flag a few provisions in Division B of the bill: "MEDICARE AND MEDICAID IMPROVEMENTS."


First the general structure of this Division of the bill is divided as follows.  Within the red highlighted section is section 1233 of the bill: "Voluntary Advance Care Planning Consultation."  The details, of course, will be within HHS regulations that will be issued after the bill is signed by the President.

TITLE I--IMPROVING HEALTH CARE VALUE
Subtitle A--Provisions Related to Medicare Part A
Subtitle B--Provisions Related to Part B
Subtitle C--Provisions Related to Medicare Parts A and B
Subtitle D--Medicare Advantage Reforms
Subtitle E--Improvements to Medicare Part D
Subtitle F--Medicare Rural Access Protections
 TITLE II--MEDICARE BENEFICIARY IMPROVEMENTS
Subtitle A--Improving and Simplifying Financial Assistance for Low Income Medicare Beneficiaries
Subtitle B--Reducing Health Disparities
Subtitle C--Miscellaneous Improvements
 TITLE III--PROMOTING PRIMARY CARE, MENTAL HEALTH SERVICES, AND COORDINATED CARE
 TITLE IV--QUALITY
Subtitle A--Comparative Effectiveness Research
Subtitle B--Nursing Home Transparency
Subtitle C--Quality Measurements
Subtitle D--Physician Payments Sunshine Provision
Subtitle E--Public Reporting on Health Care-Associated Infections
 TITLE V--MEDICARE GRADUATE MEDICAL EDUCATION
 TITLE VI--PROGRAM INTEGRITY
Subtitle A--Increased Funding to Fight Waste, Fraud, and Abuse
Subtitle B--Enhanced Penalties for Fraud and Abuse
Subtitle C--Enhanced Program and Provider Protections
Subtitle D--Access to Information Needed to Prevent Fraud, Waste, and Abuse
 TITLE VII--MEDICAID AND CHIP
TITLE VIII--REVENUE-RELATED PROVISIONS
TITLE IX--MISCELLANEOUS PROVISIONS



SEC. 1233. VOLUNTARY ADVANCE CARE PLANNING CONSULTATION.

    (a) In General- Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
      (1) in subsection (s)(2)--
        (A) by striking `and' at the end of subparagraph (DD);
        (B) by adding `and' at the end of subparagraph (EE); and
        (C) by adding at the end the following new subparagraph:
      `(FF) voluntary advance care planning consultation (as defined in subsection (hhh)(1));'; and
      (2) by adding at the end the following new subsection:
`Voluntary Advance Care Planning Consultation
    `(hhh)(1) Subject to paragraphs (3) and (4), the term `voluntary advance care planning consultation' means an optional consultation between the individual and a practitioner described in paragraph (2) regarding advance care planning. Such consultation may include the following, as specified by the Secretary:
      `(A) An explanation by the practitioner of advance care planning, including a review of key questions and considerations, advance directives (including living wills and durable powers of attorney) and their uses.
      `(B) An explanation by the practitioner of the role and responsibilities of a health care proxy and of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title.
      `(C) An explanation by the practitioner of physician orders regarding life sustaining treatment or similar orders, in States where such orders or similar orders exist.
    `(2) A practitioner described in this paragraph is--
      `(A) a physician (as defined in subsection (r)(1)); and
      `(B) another health care professional (as specified by the Secretary and who has the authority under State law to sign orders for life sustaining treatments, such as a nurse practitioner or physician assistant).
    `(3) An individual may receive the voluntary advance care planning care planning consultation provided for under this subsection no more than once every 5 years unless there is a significant change in the health or health-related condition of the individual.
    `(4) For purposes of this section, the term `order regarding life sustaining treatment' means, with respect to an individual, an actionable medical order relating to the treatment of that individual that effectively communicates the individual's preferences regarding life sustaining treatment, is signed and dated by a practitioner, and is in a form that permits it to be followed by health care professionals across the continuum of care.'.
    (b) Construction- The voluntary advance care planning consultation described in section 1861(hhh) of the Social Security Act, as added by subsection (a), shall be completely optional. Nothing in this section shall--
      (1) require an individual to complete an advance directive, an order for life sustaining treatment, or other advance care planning document;
      (2) require an individual to consent to restrictions on the amount, duration, or scope of medical benefits an individual is entitled to receive under this title; or
      (3) encourage the promotion of suicide or assisted suicide.
    (c) Payment- Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting `(2)(FF),' after `(2)(EE),'.
    (d) Frequency Limitation- Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
      (1) in paragraph (1)--
        (A) in subparagraph (N), by striking `and' at the end;
        (B) in subparagraph (O) by striking the semicolon at the end and inserting `, and'; and
        (C) by adding at the end the following new subparagraph:
        `(P) in the case of voluntary advance care planning consultations (as defined in paragraph (1) of section 1861(hhh)), which are performed more frequently than is covered under such section;'; and
      (2) in paragraph (7), by striking `or (K)' and inserting `(K), or (P)'.
    (e) Effective Date- The amendments made by this section shall apply to consultations furnished on or after January 1, 2011.
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Saturday, November 7, 2009

Baby Z -- Long Shot Is Successful


An infant, known as "Baby Z," in Melbourne, Australia given zero chance of survival has amazed doctors after being saved with one of the biggest long shots in medical history.  (Herald Sun)

                                                
Baby Z was born, 18 months ago, with a rare condition called molybdenum cofactor deficiency — a fatal condition that poisons the brain with toxic sulphite, resulting in seizures and death in early childhood.  Baby Z's toxic sulphite levels were almost 30 times higher than normal and were dissolving her brain.

But Baby Z’s parents did not give up.  Their team found a research paper by German plant biologist Gunther Schwarz describing how he had developed an experimental drug that was able to save mice with the disease in 2004.  The drug had only been used in animals and nobody knew what it would do in a human.

The Australian hospital's ethics committee approved using the drug on Baby Z, because the only other option was a painful death.  A Family Court also approved the treatment.

Just hours of receiving her first daily dose, tests showed Baby Z's sulphite levels immediately dropped from near 300 to below 100. Within three days they fell to the normal level of about 10.  Baby Z's neurological development is delayed due to some brain damage in the weeks it took to find the cure, but she is now improving.
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Thursday, November 5, 2009

National Health Law Moot Court Competition - EMTALA to SCOTUS

I am off today to Southern Illinois University, host of the 18th annual National Health Law Moot Court Competition.  To the right is a picture of me as a judge at last year's competition with the other judges and the winning teams.

This year's problem entails a hospital with a critically injured uninsured illegal immigrant.  The hospital plans to deport the patient to an inferior hospital in her home country.  The main substantive issue is whether that violates EMTALA.  (The other issue is an 11th Amendment issue since the hospital is a state university hospital.)  Since the to-be-transferred patient has already been treated at the defendant hospital for several weeks, one might think that EMTALA was totally inapplicable.  Both appellate cases and federal regulations state that EMTALA does not apply to inpatients.

But that reasonably well-settled law has been becoming increasingly unsettled.  The First Circuit has never been fully on board with that reading.  And the Sixth Circuit just directly and explicitly rejected any inpatient exception to EMTALA stabilization requirements.  The hospital in the Sixth Circuit's Moses v. Providence Hospital case has filed a petition for writ of certiorari to the U.S. Supreme Court, since there is now a live circuit split.  It appears likely that the Court will take the case to finish the business that it began to address back in Roberts v. Galen in 1999.
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Tuesday, November 3, 2009

Baby RB -- Suffering Perhaps, but Pleasure Too


Hearings in the Baby RB case began yesterday.  (BBC video with court sketches here)  (Sketch to the right from Daily Mail)  


The mother told of her one-year-old son's "intolerable suffering."  She agrees with doctors that Baby RB should be allowed to die.  Her solicitor said "RB's mother has sat by her son's bedside every day since he was born."  "Every day she has seen the pain he experiences just to survive."  "In deciding to support this application, she has listened to and consulted with some of the best doctors in the world. Their view has been unanimous."  (Mirror)
On the other hand, the evidence indicates that Baby RB's brain is not affected, and he can see and enjoy music and stories.  "[T]here's no doubt that he showed a different quality of bonding when he was being held or massaged by his mother." RB has interacted with his parents "in a way that they described as him smiling" despite the fact that his control of his facial muscles is severely limited and he has problems opening his eyes.  (Guardian)
While UK courts do allow withdrawal of life-sustaining treatment over parent objections, the cases usually involve children whose suffering clearly outweigh benefits.  Here, it seems the balance is not quite so lopsided.
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Sunday, November 1, 2009

Comparative End-of-Life Policy - U.S. v. China

I'm making a trip to one of the largest law schools in the world in the largest city in the world in a few weeks: Chongqing, China.


So, during November, I will likely be blogging a bit about differences in end-of-life medical treatment policy between the United States and China.
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Baby RB – Hospital Seeking to Withdraw Treatment over Father’s Objections

Tomorrow (Monday, Nov. 2), a British hospital will ask the High Court for permission to remove one-year old Baby RB’s ventilator over his father’s objections.  The baby’s mother, who is separated from the father, support the Hospital’s application.

Baby RB was born with congenital myasthenic syndrome (CMS), a muscle condition which severely limits the ability to breathe independently and limb movement.  He has been in hospital since birth.

The Telegraph observes that if the hospital's application is successful, “it would be the first time that a UK court has, against the will of a parent, determined that life support may be withdrawn or discontinued from a child who is not suffering brain damage.”  Indeed, lawyers for the father argue the baby's brain is unaffected by the condition and that he can see, hear and feel and recognize his parents. He is also apparently able to play with toys.  Baby RB’s father will submit video footage showing his son playing with his toys and interacting with his parents. 

This demonstrable potential for some positive quality of life is likely to doom the Hospital’s application, given the language in some prior holdings. Moreover, according to the Muscular Dystrophy Association and others, there is material prospect for improvement.  
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Friday, October 30, 2009

End-of-Life Counseling in the House Bill on the Floor


Congressman Earl Blumenauer's amendment to fund end of life counseling sessions for Medicare patients will be part of the Congressional health care overhaul.  The amendment requires doctors to offer counseling sessions on the choices Medicare patients face when they receive a potentially life-ending prognosis. 
See section 240 (pages 129-131 of the PDF) of the bill introduced, yesterday, on the House floor.
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Sunday, October 25, 2009

Withdrawal Okay When Surrogate's Refusal to Consent Based on Wrong Reasons

Jacob Appel has a brief piece in a recent issue of the Journal of Medical Ethics, in which he reviews cases (like that of Andrew Bedner, right) in which parents refused to agree to withdraw care from children with devastating injuries that the parents are accused of inflicting.

This is a paradigm type of case in which the provider may often select a new surrogate.  If treatment for the child is not indicated and the parent is asking for continued treatment only to avoid certain criminal charges, then a new SDM should be sought (and can often be successfully obtained).

I reviewed U.S. and Canadian surrogate replacement cases outside the parent child context in the latest Journal of Clinical Ethics.  I am preparing a broader analysis for the St. Louis Journal of Health Law and Policy.
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Saturday, October 24, 2009

Richard Epstein Defending Rationing of End-of-Life Treatments

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Baxter the Therapy Dog at the End of Life

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Upcoming North American Exit Workshops

Develop your own Exit Plan

Are you sick of waiting for assisted dying laws to change and worried that when they do, they still will not give you the control you want?  Develop your own reliable and peaceful end of life plan now by attending an Exit International workshop.

Exit International will be holding its first North America meetings and workshops on:
  • Vancouver (BC)  - 11am, Wednesday 4 November, Vancouver Unitarian Church, 949 West 49th Ave (Cnr Oak St).
  • Bellingham (WA) - 1pm, Saturday 7 November, Sustainable Living Center, 2309 Meridian St, Belllingham.
  • San Francisco (CA) - 11am, Tuesday 10 November, SF Buddhist Center, 37 Bartlett St, Mission District.
  • Anaheim (CA) - 1pm, Saturday 14 November, East Anaheim Community Center, 8201 E. Santa Ana Canyon Rd.
Topics at Workshops:
  • Myths & Facts about prescription medications
  • Helium, Nitrogen (& other inert gases, including flow control techniques)
  • Nembutal ( South America, SE Asia, China, over the Net etc) & the Law
  • Swiss option (Dignitas service in Zurich)
  • Testing of medications
  • Why an End of Life Plan Keeps Loved Ones Safe
Format:
  • Workshops are based on the most recent updates of The Peaceful Pill eHandbook at www.peacefulpill.com
  • Meetings are conducted by Dr Philip Nitschke.  
  • An Exit public meeting is held first for around an hour & focuses on the historical, political and legislative aspects of the debate.  
  • Attendance at an Exit Public meeting is free & open to all.
  • After a tea break, an Exit workshop is conducted (2 hours).  
  • Workshops are information-based with attendance limited to those aged over 50 years and the seriously ill.
  • Attendance at an Exit workshop is US$50 (includes 6 months membership of Exit)
Registration:

To register your expression, please email Meetings Coordinator Lindy Boyd at lindy@exitinternational.net            
OR
Download the brochure on Exit's home page at www.exitinternational.net under 'US Tour' and pay on the day.

Exit on ABC's Nightline

If you missed viewing the profile on Exit International on ABC Nightline's "Ten Commandments" (30 Sept 09), you can view the segment:   http://abcnews.go.com/video/playerindex?id=8707586
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Friday, October 23, 2009

Elderly in America Are EIGHT Times More Likely to be in ICU





Hannah Wunsch and colleagues have published “Use of Intensive Care Services during Terminal Hospitalizations in England and the United States” in the latest issue of the American Journal of Respiratory and Critical Care Medicine.
Wunsch and colleagues found that terminally ill patients over the age of 85 were 8 times more likely to spend time in the ICU during their last hospital stay than their counterparts in England.  "We found far greater use of intensive care services in the United States during terminal hospitalizations, especially among medical patients and the elderly.”  Only 10.6 of hospital deaths in England involved the ICU, whereas the equivalent figure in the US was 47.1 per cent.  (Medical News Today)
While the authors cautioned that it is difficult to precisely identify explanations for the differences, England has one sixth of the number of ICU beds per head of population compared to the US.  Moreover, responsibility for decisions about medical care appears to lie predominantly with doctors, whereas in the US it lies mostly with patients or their surrogate decision-makers.
Finally, Wunsch rightly noted that the figures do raise the "interesting question of how much intensive care is beneficial. Doing more may not always be better."
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Medical Futility and the Annihilation of the Earth: Engaging Debates in End-of-Life Decision-making


What a catchy title for a presentation:  "Medical Futility and the Annihilation of the Earth: Engaging Debates in End-of-Life Decision-making."  


This is the title of an upcoming presentation (by Griffin Trotter, MD, PhD) for the 30th Anniversary Symposium of the St. Louis Center for Health Care Ethics.
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Wednesday, October 21, 2009

Sanjay Gupta On Medical Miracles, 'Cheating Death'

Sanjay Gupta was recently on NPR, talking about his book Cheating Death: The Doctors and Medical Miracles that Are Saving Lives Against All Odds.  Here is an excerpt:
But I think, you know, this idea that there are patients that we say okay, they're brain dead, and in the United States that means they're dead. In different countries, it means different things, but we use brain death as a criteria here in the United States. And then I go talk to these patients. I've looked through their charts. They were declared brain dead. It was written in their chart as such. And here they are, sitting up talking to me. Hypothermia probably played a role. Medications probably played a role, but I think the larger message to me, and what I really spent the last couple years thinking about was we don't really know when to give up. And we really don't know what dead really means. We thought we did, but here this guy is talking to me, and you know, a bunch of people with crisp, white coats and hundreds of years of medical experience combined all urged this man's wife to pull the plug because they didn't think he'd ever recover, and here he is talking to me. What is dead? That's what I kept sort of stumbling upon and trying to figure out.
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THE LIMITS TO LIFE: WHAT THE D.C. CIRCUIT'S DECISION IN ABIGAIL ALLIANCE V. VON ESCHENBACH MEANS FOR MEDICAL FUTILITY STATUTES

Alicia Seibel has just published in 53 St. Louis U. L.J. 1321:  THE LIMITS TO LIFE: WHAT THE D.C. CIRCUIT'S DECISION IN ABIGAIL ALLIANCE V. VON ESCHENBACH MEANS FOR MEDICAL FUTILITY STATUTES.

Here is the roadmap paragraph:
This Comment will discuss the role of courts in evaluating the availability of desired medical treatment for the terminally ill in the context of state medical futility statutes. This Comment will argue that under the current models of state medical futility statutes, courts should not follow the D.C. Circuit's deferential lead. Part I examines the origins of medical futility disputes and courts' involvement in such disputes. Part II examines the genesis of state futility dispute statutes and the currently advocated process-based model. Part III focuses on the FDCA, the regulations promulgated by FDA under the FDCA, and the deference that courts have shown to FDA's judgment in response to challenges to FDA regulations. Part IV looks at the reasoning of the court in Abigail Alliance. Finally, Part V provides a critical analysis of the D.C. Circuit's decision and argues that the court's deference to agency-placed limits on access to medical treatment in that case should not be followed by courts when evaluating current state medical futility statutes, as the current statutes entrust legislative interpretation to a small number of private individuals and do not allow for judicial oversight of that interpretation.

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Sunday, October 18, 2009

Toolkit for Resolving Treatment Disputes

I thought of a succinct way to characterize my research agenda as it pertains to medical futility disputes:

  1. I first wanted to simply clarify what legal tools there were for handling these disputes (painting the statutory and judicial landscape)
  2. I then moved to explaining how to use some of those tools (explaining specific procedural paths)
  3. I then examined innovative tools offered by others (and critiquing heavy reliance on intramural committees)
  4. Now, I am st the stage of figuring out which new tools can/should be developed
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Medical Futility at the 11th Annual ASBH Conference

Medical futility was a big topic at ASBH this year, popping up prominently in a number of sessions.  I'll have to summarize those in a later post.  


I'd like to form a panel for next year's ASBH conference on this topic comprised of judges.  If you are a judge or know a judge who has handled one of these cases and has some insights to share, I would love to hear from you.  The 2010 meeting will be October 21-24 in San Diego, California. 
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Saturday, October 17, 2009

ASBH Law and Bioethics Affinity Group

At a 7:00 a.m. meeting, this morning, I assumed the co-chairpersonship of the Law & Bioethics Affinity Group of the American Society for Bioethics + Humanities.  My co-chair is Joanna Weinberg at the UCSF Institute for Health and Aging.  


Shortly, I will establish a listserv for the group.  If you are now a lawyer interested in bioethics, a lawyer who wants to get into bioethics, or a bioethicist with an interest in law; please consider joining the ASBH and the Law Affinity Group.  I want this group to be of value both to the rest of the ASBH (informing and educating them about legal developments impacting bioethics) as well as to the lawyers themselves (sharing tips, strategies, thinking).
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Absence of Legal Solutions for Medical Futility = Legal Problems for Pandemic Planning

In a recent article in the Globe and Mail, two health professors explicitly link the absence of legal guidance on when treatment may be unilaterally refused on the grounds of non-benefit, with the need for guidance on when treatment may be be unilaterally withdrawn on the grounds of allocation in a pandemic.

Pointing to the recent Jin and Golubchuk cases, the authors rightly observe that the courts are too slow to handle these cases.  Indeed, they are so slow that "a delayed decision can be an actual decision."  During the time of the TRO or preliminary injunction, the patient dies.  The courts almost never rule on the substance or merits of the case.  But the "legal procedural grounds" affected the practice of medicine all the same.

Since some patients and family members will likely disagree with a pandemic committee's allocation decisions, legal challenged to protocols or their application seems probable.  As legal; review usually is (and should be) permitted in treatment denial and other liberty-limiting decisions (like quarantine), we need an accelerated judicial decision making process.
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National Healthcare Decisions Day

Yesterday, marked exactly six months to the Third Annual National Healthcare Decisions DayApril 16, 2010.  Once again, the goal is simple: use a single day, all across the country, to provide increased focus on the importance of advance care planning and advance directives for both the public and providers. 


In two years, NHDD had participation by 80 national organizations, at least 700 state/local organizations, and the US military at bases throughout the world!  Furthermore, survey results from less than half of participating organizations indicated over 600,000 facility/organization staff members received NHDD/AD information or training, over 130,000 members of the general public participated in NHDD events and/or were known to have received advance directive information, and roughly 10,000 advance directives were completed on NHDD alone!  Finally, there was a variety of coverage in newspapers, TV, radio, and the internet.


What to do now and how can you help grow NHDD:
·     Be sure NHDD is on your calendar.  NHDD 2010 is Friday, April 16, 2010.  If you have a schedule conflict, please use that day to promote your NHDD activities, on whatever date you hold them.  Of course, feel free to engage in week-long or month-long events/activities.
·     National organizations:  inform your state/local chapters about the event and encourage participation (i.e., highlight NHDD in emails, newsletters, monthly print magazines, etc).  A variety of free templates and sample communication materials can be found here.
·     Local/state organizations and providers: be sure your peers are involved and that any national organizations in which you participate are also involved. 
·     Put a link to www.nationalhealthcaredecisionsday.org on your social media/networking outlets: Facebook, LinkedIn, Twitter, MySpace, blogs, etc.  Help us reach out to those who haven’t heard about NHDD.
·     Be creative about who else should be involved.  Advance healthcare planning is something that should be discussed in colleges, religious institutions, civic/service organizations, and elsewhere.  Tell others about your NHDD experience and encourage participation/activities throughout the community.
·     Consider serving as a state liaison.  It’s a truly rewarding job, and it’s a great way to network within your state.  While we welcome anyone that is interested, we have no state liaisons at all in the following states: AlabamaAlaskaArizonaGeorgiaKentucky,LouisianaMaineMarylandMississippiMontanaNevadaNew MexicoNorth DakotaOhioOklahomaRhode IslandSouth DakotaTennesseeTexasUtahVermontWashingtonWisconsin, and Wyoming.  If you are interested in serving as a state liaison, please click here.
·     Consider serving on a committee.  I hope to have committees to focus on media, educational materials (to grow the website materials), military involvement, and recruitment.   Please let me know if you are interested. 
·     Consider a donation.  Although participation remains free, NHDD would not be possible without donations.  We have provided all of the resources on the website on a shoestring budget and with the invaluable help of the small number of donors.  If we received even a small donation from every participating organization, we would have funds to obtain professional media assistance to be sure that we make an even larger public splash this year.  Please send donations directly to me and I’ll see that they get processed.  Make checks payable to: National Hospice and Palliative Care Organization, Attn: NHDD.  Note: NHPCO has kindly set up a dedicated account for NHDD funds.


Please note, the website has been updated recently, with lots of resources:  http://www.nationalhealthcaredecisionsday.org
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