Tag: medical futility blog

Blog Posts (752)

July 27, 2015

More California Brain Death Disputes

In addition to the Jahi Mcath case, I was recently blogged about a few other brain death disputes in California.   Johah Panduro Lisa Avila I discussed a few other CA cases in this talk in Los Angeles Last week, there was yet another court cas...
July 27, 2015

Illness & Healing: Images of Cancer [EOL in Art 77]

Robert Pope (no relation) published this 140-page volume in 1995.  The 92 illustrations evoke the dependence, fear, loneliness, pain, and even the mutilation surrounding cancer illness and therapy. These disturbing, unhappy images are difficult f...
July 26, 2015

Health Law at SEALS Annual Conference

I am at the Waldorf Astoria Boca Raton for the SEALS Annual conference.  

There are five long sessions focused on health law on Monday, Tuesday, and Wednesday.

The Health Care System of Tomorrow

The future of the health care system depends on effective policy implementation tailored to the evolving landscape of regulatory constraints, delivery models, emerging technologies, and changing population needs. This panel will identify current legal and policy barriers to effective functioning of the health care system. Specific areas of coverage include critiques of current (1) Medicare financing of graduate medical education, as both outdated and contributing to provider shortages in critical areas; (2) Medicaid coverage policies that prevent adequate home and community based services; (3) approaches to regulating reproductive technologies, including oocyte cryopreservation and posthumous reproduction; and (4) Medicare payment policies that fail to recognize hospital influence on out-of-hospital treatment.
  • Kelly Dineen - Saint Louis University School of Law
  • Laura Hermer - Hamline University School of Law
  • Browne Lewis - Cleveland State University, Cleveland-Marshall College of Law
  • Jessica Mantel - University of Houston Law Center
  • Seema Mohapatra - Barry University, Dwayne O. Andreas School of Law
  • Stacey Tovino - University of Nevada, Las Vegas, William S. Boyd School of Law

Hot Issues in Law and Bioethics
Medical practice realities interact with law and ethics to profoundly impact patients and the nature of policy development. This discussion will focus on illustrative examples, including (1) end-of-life decision making (physician aid in dying, determination of brain death, assisting patients with advance directives, and the legacy of Schiavo), (2) the impact of difference, disability, and non-typical functioning on appropriate and equitable treatment, (3) the meaning of informed consent in different contexts, (4) public health approaches that negatively impact individuals, (5) genetic and reproductive technologies, and (6) routine provider practices that harm patients. The participants will discuss the implications of these and other issues, share current research, and recommend possible directions for inquiry and action.
  • Jennifer Bard - University of Cincinnati College of Law
  • Zack Buck - Mercer University Law School
  • Kathy Cerminara - Nova Southeastern University, Shepard Broad College of Law
  • Kelly Dineen - Saint Louis University School of Law
  • Fatma Marouf - University of Nevada, Las Vegas, William S. Boyd School of Law
  • Seema Mohapatra - Barry University, Dwayne O. Andreas School of Law
  • Moderator - Thaddeus Pope - Hamline University School of Law
  • Jessica Roberts - University of Houston Law Center
  • Joanna Sax - California Western School of Law
  • Stacey Tovino - University of Nevada, Las Vegas, William S. Boyd School of Law
  • Jessica Mantel - University of Houston Law Center
  • Bryn Esplin - Cleveland Clinic

King v. Burwell
King v. Burwell was one of the biggest cases decided by the Supreme Court this term. The case was the second major Obamacare decision by the Supreme Court and centered on whether the federal government can give subsidies to people who obtain health insurance on an exchange operated by the federal government in a state that has declined to set up its own exchange. The case raises questions about judicial review of agency statutory interpretation under the Chevron doctrine, states’ rights, and the Court’s interpretive posture with respect to major acts of Congress. Discussants from the disciplines of constitutional law, administrative law, health law, and tax law discuss the implications of the Court's decision.

  • Josh Blackman - South Texas College of Law
  • Erin Fuse Brown - Georgia State University College of Law
  • Andy Hessick - University of Utah, S.J. Quinney College of Law
  • Abigail Moncrieff - Boston University School of Law
  • Eric Segall - Georgia State University College of Law
  • Sidney Watson - Saint Louis University School of Law
  • Russell Weaver - University of Louisville, Louis D. Brandeis School of Law
  • Elizabeth Weeks Leonard - University of Georgia School of Law

New Scholars Colloquia - Healthcare Law
  • Professor Marie Boyd, University of South Carolina School of Law, Serving Up Allergy Labeling: A Proposal (Mentor: Professor Louis Virelli, Stetson University College of Law)
  • Professor Zack Buck, Mercer University Law School, The Fractured Fiduciary: Recasting the Duties of the Physician (Mentor: Professor Elizabeth Pendo, St. Louis University School of Law)
  • Professor Cora Walker, Saint Louis University School of Law, Medicaid Waivers: States as Laboratories for Payment and Delivery System Innovation to Address Disparities (Mentor: Professor Stacey Tovino, University of Las Vegas William S. Boyd School of Law)
  • Moderator - Alena Allen, University of Memphis, Cecil C. Humphreys School of Law

Current Issues in Reproductive Rights
In October 2014, Apple and Facebook announced that they would begin paying for egg freezing for their employees. Whether hailed as progress or a setback on women's rights, the announcement is symbolic of the significance of reproductive technologies to contemporary families. The law, however, lags behind technological developments. This discussion group will address the variety of legal issues that come about with technological advances in reproductive technology, such as parentage issues with sperm and egg donors, non-invasive prenatal diagnostic testing, commercial surrogacy, and proposed restrictions on assisted reproductive technologies. This discussion group will also address other issues related to reproductive rights, including Roe v. Wade then and now and the personhood movement.
  • Naomi Cahn - The George Washington University Law School
  • Judith Daar - Whittier Law School
  • Linda Fentiman - Pace University School of Law
  • Seema Mohapatra - Barry University, Dwayne O. Andreas School of Law
  • Jeffrey Parness - Northern Illinois University College of Law
  • Mary Ziegler - Florida State University College of Law
  • Browne Lewis - Cleveland State University, Cleveland-Marshall College of Law
  • Meredith Harbach - University of Richmond School of Law

July 26, 2015

The Nursing Home - for Superheroes [EOL in Art 76]

When American superheroes get too shabby, they are sent to Gilles Barbier's "Nursing Home."  The work refers quite straightforwardly to our societies' obsession with eternal youth. Should medical research be geared towards the fight against the l...
July 26, 2015

Jahi McMath - Opposition to Demurrer

Here is some more commentary and analysis, from Friday, July 24, of the latest filings in the Jahi McMath medical malpractice case.    Much of this is focused on the underlying negligence / malpractice and not on the Jahi's status as alive o...
July 25, 2015

He Can No Longer at the Age of 98 [EOL in Art 75]

Beneath Goya's illustration reads the title: “He Can No Longer at the Age of 98.” 

An old man stands alone, accompanied only by his shadow. His bent body caves under some unknown force, and the man tries his best to remain upright by relying on two canes, one held in each hand. Facing to the front left of the paper, the old man appears to be on his way to some destination; his feet are not drawn with any suggestion of movement, however, and so it appears that despite his intentions, the old man cannot accomplish the simple goal of walking.

The vagueness of title's meaning allows the viewer to indulge a multitude of imaginings of what specifically the man can no longer do – he cannot walk, cannot function, cannot survive independently, he cannot do most anything. Drawn and painted without color, Goya’s lonely and impotent old man offers a bleak outlook on severe old age.

The artwork raises powerful questions of how one should deal with the inevitable decline in abilities brought on by old age. How can one age to the point of total frailty yet retain one’s happiness and joie de vivre?

July 24, 2015

Hospice Concurrent with Curative Treatment - Medicare Care Choices Model

More than five years after enactment of the ACA, CMS is finally now exploring payment for hospice concurrent with payment for curative treatment.Under current payment rules, Medicare and dual eligible beneficiaries are required to forgo curative care ...
July 24, 2015

Dead Mother [EOL in Art 74]

Reminiscent of "The Scream," here is Munch's "Dead Mother."  With her back turned to her mother who lies in bed, dead, a young girl, eyes wide in disbelief, holds her hands to her ears as if to block out the reality and the stillness. An aura of s...
July 23, 2015

Nevada Brain Death Dispute - Aden Hailu UPDATE

Two weeks ago, I blogged about a Nevada brain death dispute in Washoe County Court, Nevada.   It looks like the court has just denied the TRO motion of the patient's guardian.  
July 23, 2015

City Hospital [EOL in Art 73]

In 1953 Alice Neel created a series of ink and gouache drawings depicting the last weeks of her mother's life, which were spent in a New York city hospital.  In this drawing, a black nurse comforts a prone elderly lady. The pale hues of the paint...

View More Blog Entries