The world is complicated. It’s hard to know what the federal government should do about a whole range of problems. That’s why most people take a shortcut, and judge policies based on their opinion of the people who support or … Continue reading →
"If you have been involved in a situation in which you believe the brain death of a loved one was incorrectly determined, contact us at (877) 336-0776 to speak with an Alabama medical negligence attorney. We offer a free initial case review to all new clients."
"Malpractice occurs when a medical professional acts in a negligent or unprofessional way. In extreme cases, malpractice can lead to wrongful death, especially in the case of incorrectly declaring brain death. There have been several examples over the years of hospitals incorrectly identifying a patient as 'brain-dead' when there is still some activity."
"Generally, a patient is classified brain-dead after being studied by a neurologist but, this is a tricky situation as the term and policies vary from hospital to hospital. Only 33% of hospitals require a neurologist to be present, and most policies don’t even mention who on the staff is required to make this very important judgment. Recent studies have found that most policies regarding brain death are highly inconsistent."
"While new policies are being put into place, incorrectly declaring brain death still occurs all too often and is, not only traumatic for the family, but put’s the hospital at risk for a malpractice suit."
by Craig Klugman, Ph.D.
Imagine if a patient went sky diving without a parachute and survived. You fixed up her body and explained to her the dangers of her activities. You refer her to a program that offers free parachutes and trains people on how to use them. Upon discharge, she does the same thing again and ends up back in your hospital? Do you perform the same surgeris again? What if she does this 3 times? Four times? Is there a point at which we “give up” on patients when they consistently return for the same problem from the same cause after ignoring all advice?…
Richard Payne, MD
Participating Congregations in Atlanta, Chicago, Dallas, Houston, Kansas City, Philadelphia and West Palm Beach
Here is the abstract:
For a terminally ill patient, physician aid-in-dying (PAD) is about gaining control over an agonizing, terrible death. In most states it is illegal for a doctor to prescribe a lethal dose of medication or advise a patient on taking her own life when she is ready. Only five states have legalized PAD: Oregon, Vermont, Washington, Montana, and, most recently, California. In order for other terminally ill patients to achieve control over their death, PAD should be legalized—and, therefore, regulated—in all states.
PAD could become legal in three ways:
- The U.S. Supreme Court could determine there is a constitutional right for mentally competent, terminally ill, adult patients to seek assistance from their physician to die with dignity
- State courts could find either a state constitutional right or a statutory construction permitting PAD
- State legislatures, or citizens in states with the option of ballot initiatives, could enact statutes legalizing PAD.
This Comment proceeds in three parts, and addresses only PAD, not euthanasia. Part II discusses the current state of the laws: first analyzing the Supreme Court cases addressing PAD, then considering the state laws legalizing PAD. Following the discussion of the current laws, Part III of this Comment addresses some of the arguments against PAD, and why many of those arguments are not sound. Lastly, Part IV addresses the solutions briefly discussed above.