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Author Archive: Thaddeus Mason Pope, JD, PhD

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04/17/2018

Jahi McMath – Tentative Ruling Setting "Separate Trial" on Brain Death

On Thursday, April 19, 2018, at 3:00 p.m., Alameda County judge Stephen Pulido will hear Jahi McMath's Motion for a Bifurcated Bench Trial to Determine whether the American Association of Neurology and American Academy of Pediatrics Guidelines should be applied to the facts of this case to determine whether Jahi McMath meets the definition of "brain death" under the UDDA.

The court issued a tentative ruling stating that it "intends to issue a Trial Setting Order that sets a separate trial on the issue of whether Plaintiff Jahi McMath is a person with the capacity and/or standing to prosecute the First Cause of Action of the First Amended Complaint for Professional Negligence."  In the contemplated trial, "the Court will determine whether Plaintiff Jahi McMath meets the legal definition of "brain death" pursuant to the criteria set forth by the Legislature in H&S Code § 7180."

Notably: "Although the issue of whether Plaintiff has the capacity or standing to pursue her claim is ordinarily a legal issue, the Court may not make the required determination as a matter of law if the parties present conflicting evidence regarding Plaintiff's condition."

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04/17/2018

Alfie Evans – Bad Legal Advice Fuels Medical Futility Conflict

A letter from the Christian Legal Centre purporting to provide legal advice  to the parents of Alfie Evans completely misstates their rights.  The courts have already adjudicated that it is not in Alfie's best interests to receive life-susta...

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04/16/2018

"62 Days" – New Documentary Film on Marlise Muñoz and the Involuntary Treatment of Dead Pregnant Women

62 DAYS is a documentary film about Marlise Muñoz, a brain-dead pregnant woman whose family was forced to keep her on life support against her wishes.  This film shows the human story behind the headlines, and shines a light on a controversial law.



62 DAYS - 3 Min TRAILER from Rebecca Haimowitz on Vimeo.


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04/15/2018

TROs and Preliminary Injunctions Undermine Clinician Power to Declare Therapeutic Obstinacy in France and UK

A significant and still-growing body of jurisprudence in France and the United Kingdom supports the right of clinicians to refuse administration of life-sustaining treatments that they determine to be non-beneficial, futile, or therapeutically obstinat...

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04/14/2018

Society for Medical Decision Making – 40th Annual North American Meeting

The Society for Medical Decision Making will hold its 40th Annual North American Meeting in Montreal in October. If you are involved in health care decision making, working in a hospital, university, foundation, industry or government, at any sta...

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04/13/2018

Development and Certification of Decision Aids: Promoting Shared Decision-Making for Patients with Serious Illness

I leave Harvard Medical School and beautifully warm Boston, today, for the blowing snow of Minnesota. But I will be back Wednesday for "The Development and Certification of Decision Aids: Promoting Shared Decision-Making for Patients with Ser...

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04/12/2018

Defining Death: Organ Transplantation and the 50-Year Legacy of the Harvard Report on Brain Death

It was a great pleasure to be included in Harvard's annual bioethics conference on "Defining Death: Organ Transplantation and the 50-Year Legacy of the Harvard Report on Brain Death."  This was a real who's who of experts on brain death and bioet...

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04/12/2018

Defining Death: Organ Transplantation and the 50-Year Legacy of the Harvard Report on Brain Death

It was a great pleasure to be included in Harvard's annual bioethics conference on "Defining Death: Organ Transplantation and the 50-Year Legacy of the Harvard Report on Brain Death."  This was a real who's who of experts on brain death and bioet...

Full Article

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04/12/2018

Special Issue on the Varieties of Aging

A special issue of Perspectives in Biology and Medicine on “Varieties of Aging” has been published. (Vol. 60, No. 4).

Views of the Challenge of Aging

Aging as Problem and as Mystery
  
Primary Prevention with a Capital P

The Varieties of Aging: Frailty and Advanced Illness

Where Has It Gone?: Writing, Loss, and Old Age
  
Serving the Very Sick, Very Frail, and Very Old: Geriatrics, Palliative Care, and Clinical Ethics

Organizing Eldercare for Geographic Communities

Merchants of Health: Shaping the Experience of Illness Among Older People

The Varieties of Aging: Dementia

"Losing My Self": A Poet's Ironies and a Daughter's Reflections on Dementia

Cognitive Aging: What We Fear and What We Know

The Varieties of Aging: Robust Old Age
A Tale for Our Times: From the Bronx to Chicago in 76 Years

Social Determinants of Health at Older Ages: The Long Arm of Early and Middle Adulthood

No Country for Old Men: Four Challenges for Men Facing the Fourth Age

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This entry was posted in Health Care and tagged . Posted by Thaddeus Mason Pope, JD, PhD. Bookmark the permalink.

04/12/2018

Special Issue on the Varieties of Aging

A special issue of Perspectives in Biology and Medicine on “Varieties of Aging” has been published. (Vol. 60, No. 4).

Views of the Challenge of Aging

Aging as Problem and as Mystery
  
Primary Prevention with a Capital P

The Varieties of Aging: Frailty and Advanced Illness

Where Has It Gone?: Writing, Loss, and Old Age
  
Serving the Very Sick, Very Frail, and Very Old: Geriatrics, Palliative Care, and Clinical Ethics

Organizing Eldercare for Geographic Communities

Merchants of Health: Shaping the Experience of Illness Among Older People

The Varieties of Aging: Dementia

"Losing My Self": A Poet's Ironies and a Daughter's Reflections on Dementia

Cognitive Aging: What We Fear and What We Know

The Varieties of Aging: Robust Old Age
A Tale for Our Times: From the Bronx to Chicago in 76 Years

Social Determinants of Health at Older Ages: The Long Arm of Early and Middle Adulthood

No Country for Old Men: Four Challenges for Men Facing the Fourth Age

Full Article

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