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Author Archive: Thaddeus Mason Pope, JD, PhD

About Thaddeus Mason Pope, JD, PhD

09/11/2018

Virginia Considers Medical Aid in Dying

Next week, the Virginia Joint Commission on Health Care will consider the design of legislation on medical aid in dying (MAID).

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09/11/2018

Virginia Considers Medical Aid in Dying

Next week, the Virginia Joint Commission on Health Care will consider the design of legislation on medical aid in dying (MAID).

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09/10/2018

Expanding the Use of Provider Orders for Life-Sustaining Treatment for Patients With Advanced Cancer

The new issue of the ASCO Post includes my latest law and ethics in oncology column: "Expanding the Use of Provider Orders for Life-Sustaining Treatment for Patients With Advanced Cancer." A key component of advance care planning for some patients is ...

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09/09/2018

Charlie Gard Law Introduced in Parliament – UK May Mandate Clinical Ethics Committees & Medical Mediation

This week, Lord Mackay introduced an amendment to the Mental Capacity Act bill that would mandate NHS entities to have access to both "clinical ethics committees" and formal "medical mediation." The law is based on a proposal drafted in memory of baby...

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09/08/2018

Patients with Capacity Can Make Unsafe Choices

A few days ago, the Supreme Judicial Court of Maine issued an opinion clarifying the implications of patient capacity. When first admitted to Eastern Maine Medical Center, Randy Oliver was drunk and delusional. Since he was incapacitated, a guardian ...

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09/07/2018

VSED is Legal – Parliament Report Confirms

The Western Australia Joint Select Committee on End of Life Choices conducted an extraordinarily thorough review and consultation process in preparing its recent report. Among other topics, the report addresses "refusal of food and fluids." This confirms my own analysis in several articles and presentations.  

Finding 25
A competent person’s absolute right to refuse to eat and drink is clear at law, but not well understood by some health professionals.

Finding 26
In the case of a refusal of food and water by a competent person at end of life, there is clinical and legal support for the position that it is similar to the refusal of medical treatment and therefore is not suicide. Accordingly, in circumstances where a competent patient at end of life has elected to refuse food and water, it is appropriate that the person be provided with palliative care.

Recommendation 16
WA Health should provide ongoing professional development – beyond undergraduate training – for all health professionals regarding the absolute right of a competent patient to refuse food and water. Training should also include those working in aged care.



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09/06/2018

Healthcare Fraud Prosecution – Legitimate Execution or Government Overreach? Criminal Enforcement or Criminalization?

Join us at Mitchell Hamline School of Law on September 21, 2018 for this exciting morning CLE program.

In a December 2016 event at the National Press Club, Leslie Caldwell, Assistant Attorney General for the U.S. Department of Justice Criminal Division, acknowledged that “there are cases that get filed that shouldn’t be filed.” With U.S. Attorneys’ offices scattered across 94 federal judicial districts, “there are districts where the oversight is not where it should be, the experience level is not where it should be.”

Arguably, one case that should not have been filed was filed against medical-device maker Vascular Solutions and its CEO, Howard Root. In the first part of this half-day symposium, Root will explain how he spent $25 million on more than 100 lawyers in 14 different law firms over the course of a five-year criminal investigation to contest an ill-fated government indictment concerning off-label promotion allegations of a cleared medical device.

In the second part of the symposium, we hear from two former federal prosecutors and a law professor, to better understand whether this and similar cases are legitimate enforcement or government overreach. Tom Beimers, now a partner at Hogan Lovells, served senior counsel for HHS OIG and as a Special Assistant U.S. Attorney. Peter Leininger, now counsel at King & Spalding, previously served as Associate Chief Counsel for Enforcement in FDA’s Office of Chief Counsel. Joan Krause is the Dan K. Moore Distinguished Professor of Law at UNC School of Law and a leading national expert on healthcare fraud and abuse.

Finally, in the third part of the symposium, all four presenters will participate in an interactive discussion with participants. 

8:30 – 9:00 Coffee and bagels

9:00 – 9:05 Welcome

9:05 – 10:00 Howard Root, JD
Retired CEO of Vascular Solutions, Inc.

10:00 – 10:15 Break

10:15 – 10:35 Thomas Beimers, JD
Partner, Hogan Lovells

10:35 – 10:55 Peter Leininger, JD
Counsel, King & Spalding

10:55 – 11:15 Joan H. Krause, JD
Professor, UNC Law School

11:15 – 12:00 Panel Discussion with all Presenters

12:00 – 12:45 Networking Lunch (included)

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09/06/2018

End Self-Regulation of Medicine: Decreasing Deference to Physicians Improves Patient Safety and Protects Patient Rights

I am delighted to participate in the Bioethics Brownbag & Webinar Series at the Michigan State University Center for Ethics and Humanities in the Life Sciences. My talk is titled: "End Self-Regulation of Medicine: Decreasing Deference to Physician...

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09/05/2018

Revolutionizing Informed Consent Law and Practice: Empowering Patients with Certified Decision Aids

I was pleased with the enthusiastic reception to my presentation at ICCH2018 in Portugal: "Revolutionizing Informed Consent Law and Practice: Empowering Patients with Certified Decision Aids." So many of those developing tools to improve healthcare co...

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09/04/2018

Yale Student Essay Competition – Emerging Issues in Health Law


The Yale Law Journal has announced its second annual Student Essay Competition. The topic this year is Emerging Issues in Health Law

Students and recent graduates should submit entries. Submissions must focus on novel issues in health law, broadly conceived. 

Possible topics include, but are not limited to, the following: bioethics, biotechnology, decriminalization of controlled substances, food law, global health, healthcare legislation, law and the opioid crisis, medical malpractice, and pharmaceutical regulation.

The submission deadline is October 15, 2018. Up to three winners will receive a $300 cash prize, and winning essays will be published on the Yale Law Journal Forum—the fully searchable online component of The Yale Law Journal whose publications are available on LexisNexis, Westlaw, and The Yale Law Journal website. Winners will be announced by November 16, 2018.

Current and recent JD and LLM students (from the Classes of 2014 through 2021) from any American ABA-accredited law school are eligible. Essays cannot be longer than 5,000 words, including footnotes, and must be submitted via the YLJ online submissions portalFor additional details on the submission process and eligibility requirements, please see our official competition announcement here.

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