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Author Archive: Thaddeus Mason Pope, JD, PhD

About Thaddeus Mason Pope, JD, PhD

05/31/2018

New End-of-Life Planning Tools at Providence St. Joseph Health

Providence St. Joseph Health (PSJH) – the nation's third-largest health system – is 
introducing innovative tools and services that ensure patients' wishes are respected and families are wholly comforted.

1.  PSJH is offering a new advance directive online toolkit, available in multiple languages and tailored for each of the seven states where the health system operates. The free resource makes it simpler for people to make it known what type of care they'd want if they were unable to speak for themselves. The directives are stored and easily accessed in PSJH's electronic medical record system.

2.  The health system provides a full view of a patient's goals for care through new customizations of its electronic health record system. Goals-of-care conversations and advance directives are highly visible to the treating physician at each PSJH facility.  And, the system alerts doctors if ordered treatments go against a patient's requests.

3.  Simple fact-based videos and other resources are prescribed for patients and families to help them understand their medical conditions and options for care near the end of life.

4.  Physicians and staff are provided tools and extensive communication training to facilitate meaningful and compassionate conversations with patients and loved ones during one of life's most difficult times.

5.  Patients are actively engaged in shared decision-making to clarify achievable outcomes and goals for care prior to potentially burdensome treatments.

6.  In working to change the conversation about end of life, PSJH also captures inspiring patient and family stories as part of its Hear Me Now series, a partnership with StoryCorps.

Full Article

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

05/31/2018

New End-of-Life Planning Tools at Providence St. Joseph Health

Providence St. Joseph Health (PSJH) – the nation's third-largest health system – is 
introducing innovative tools and services that ensure patients' wishes are respected and families are wholly comforted.

1.  PSJH is offering a new advance directive online toolkit, available in multiple languages and tailored for each of the seven states where the health system operates. The free resource makes it simpler for people to make it known what type of care they'd want if they were unable to speak for themselves. The directives are stored and easily accessed in PSJH's electronic medical record system.

2.  The health system provides a full view of a patient's goals for care through new customizations of its electronic health record system. Goals-of-care conversations and advance directives are highly visible to the treating physician at each PSJH facility.  And, the system alerts doctors if ordered treatments go against a patient's requests.

3.  Simple fact-based videos and other resources are prescribed for patients and families to help them understand their medical conditions and options for care near the end of life.

4.  Physicians and staff are provided tools and extensive communication training to facilitate meaningful and compassionate conversations with patients and loved ones during one of life's most difficult times.

5.  Patients are actively engaged in shared decision-making to clarify achievable outcomes and goals for care prior to potentially burdensome treatments.

6.  In working to change the conversation about end of life, PSJH also captures inspiring patient and family stories as part of its Hear Me Now series, a partnership with StoryCorps.

Full Article

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

05/30/2018

Illinois Gives Temporary Custodians Power of Healthcare Surrogates

In the Illinois child protection court process, a temporary custody hearing must take place within forty-eight hours of the Department of Children and Family Services taking protective custody of a child after investigating an allegation of child abuse or neglect. If the court finds, based on the evidence presented, that there is an “urgent and immediate” need to remove the child from the care of the parents, the court will appoint DCFS, or an appropriate adult, as the child’s temporary custodian and set the case for trial.

In late May 2018, the Illinois Legislature enacted an amendment to the Juvenile Court Act (H.B. 5157) that allows the court to grant the custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act.

This is important, because healthcare decisions must often be made before final adjudication on the merits. In many reported cases, clinician recommendations to withdraw life-sustaining treatment from critically injured children have been rejected by the very parents who inflicted the abuse. Typically, parents retain the right to make such decisions until there is a "permanent" termination of parental rights.  

To grant the temporary custodian such authority, the court must determine by clear and convincing evidence that it is in the best interests of the minor. In making its determination, the court shall weigh the following factors in addition to standard best interests factors:

(a) the efforts to identify and locate the respondents and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult family members of the minor in decision making on behalf of the minor;
(c) the length of time the efforts in paragraphs (a) and (b) have been ongoing;
(d) the relationship between the respondents and adult family members and the minor;
(e) medical testimony regarding the extent to which the minor is suffering and the impact of a delay in decision-making on the minor; and
(f) any other factor the court deems relevant

Full Article

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

05/30/2018

Illinois Gives Temporary Custodians Power of Healthcare Surrogates

In the Illinois child protection court process, a temporary custody hearing must take place within forty-eight hours of the Department of Children and Family Services taking protective custody of a child after investigating an allegation of child abuse or neglect. If the court finds, based on the evidence presented, that there is an “urgent and immediate” need to remove the child from the care of the parents, the court will appoint DCFS, or an appropriate adult, as the child’s temporary custodian and set the case for trial.

In late May 2018, the Illinois Legislature enacted an amendment to the Juvenile Court Act (H.B. 5157) that allows the court to grant the custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act.

This is important, because healthcare decisions must often be made before final adjudication on the merits. In many reported cases, clinician recommendations to withdraw life-sustaining treatment from critically injured children have been rejected by the very parents who inflicted the abuse. Typically, parents retain the right to make such decisions until there is a "permanent" termination of parental rights.  

To grant the temporary custodian such authority, the court must determine by clear and convincing evidence that it is in the best interests of the minor. In making its determination, the court shall weigh the following factors in addition to standard best interests factors:

(a) the efforts to identify and locate the respondents and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult family members of the minor in decision making on behalf of the minor;
(c) the length of time the efforts in paragraphs (a) and (b) have been ongoing;
(d) the relationship between the respondents and adult family members and the minor;
(e) medical testimony regarding the extent to which the minor is suffering and the impact of a delay in decision-making on the minor; and
(f) any other factor the court deems relevant

Full Article

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05/29/2018

Doctors Face Scrutiny About Defining Death

Today's Wall Street Journal has an extensive report today: "Doctors Face Scrutiny About Defining Death." The subtitle is "As Families Challenge the Determination of Brain Death, Physicians are Changing Their Approach." The article includes compel...

Full Article

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05/29/2018

Doctors Face Scrutiny About Defining Death

Today's Wall Street Journal has an extensive report today: "Doctors Face Scrutiny About Defining Death." The subtitle is "As Families Challenge the Determination of Brain Death, Physicians are Changing Their Approach." The article includes compel...

Full Article

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

05/29/2018

Healthcare: Beyond the Insurance Coverage Debate

I am delighted to be a guest on The Whole Truth with David Eisenhower. The season 3, episode 4 show is titled "Healthcare: Beyond the Insurance Coverage Debate." Even without providing health insurance to all of our citizens, why does the American hea...

Full Article

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

05/29/2018

Healthcare: Beyond the Insurance Coverage Debate

I am delighted to be a guest on The Whole Truth with David Eisenhower. The season 3, episode 4 show is titled "Healthcare: Beyond the Insurance Coverage Debate." Even without providing health insurance to all of our citizens, why does the American hea...

Full Article

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

05/28/2018

California End of Life Options Act Is Temporarily Overturned

On Friday, Riverside County Superior Court Judge Daniel A. Ottolia entered his judgment holding the California End of Life Options Act unconstitutional. The California Attorney General asked for an immediate stay of the order. But the 4th District Cou...

Full Article

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

05/28/2018

California End of Life Options Act Is Temporarily Overturned

On Friday, Riverside County Superior Court Judge Daniel A. Ottolia entered his judgment holding the California End of Life Options Act unconstitutional. The California Attorney General asked for an immediate stay of the order. But the 4th District Cou...

Full Article

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