Medical Futility Blog
On this blog, Professor Thaddeus Pope tracks judicial, legislative, policy, and academic developments concerning medical futility and the limits on individual autonomy at the end of life.
Tuesday, May 21, 2013
Hospice and the Triple Crown
Orb won the Kentucky Derby earlier this month. But on Saturday, while heavily favored, Orb was handily defeated at the Preakness Stakes. Again this year, there is no Triple Crown winner.
While horse racing has not seen a Triple Crown in 35 years, hospice regularly achieve its own triple crown. Indeed, it is almost too good to be true. But it is true. Hospice helps patients (1) live longer, (2) experience a better quality of life, (3) and save Medicare and family dollars.
Monday, May 20, 2013
Is there Room for Conscientious Objection in Critical Care Medicine?
Tomorrow morning from 8:15 to 10:45 a.m., at the Philadelphia Convention Center, I will be participating on an ATS panel titled "Is there Room for Conscientious Objection in Critical Care Medicine?"
8:15 AM - Welcome and Symposium Overview
M. Lewis-Newby, MD, MPH
8:25 AM - Reasons for and against Accommodating Conscience-Based Objections in the ICU
M. Wicclair, PhD
8:50 AM - How the Law Applies to Conscience-Based Objections in the ICU
T.M. Pope, JD, PhD
9:10 AM - Are Clinicians at Risk of Moral Harm in the Provision of Critical Care Medicine?
C. Rushton, PhD, RN
9:35 AM - Special Case: When ICU Clinicians Morally Object to “Futile” Care
D.B. White, MD
10:00 AM - ATS Recommendations for Managing Conscience-Based Objections in The Intensive Care Unit
M. Lewis-Newby, MD, MPH
10:20 AM - Panel Discussion: Summarizing Reasons for and against Accomodating CBOs
8:15 AM - Welcome and Symposium Overview
M. Lewis-Newby, MD, MPH
8:25 AM - Reasons for and against Accommodating Conscience-Based Objections in the ICU
M. Wicclair, PhD
8:50 AM - How the Law Applies to Conscience-Based Objections in the ICU
T.M. Pope, JD, PhD
9:10 AM - Are Clinicians at Risk of Moral Harm in the Provision of Critical Care Medicine?
C. Rushton, PhD, RN
9:35 AM - Special Case: When ICU Clinicians Morally Object to “Futile” Care
D.B. White, MD
10:00 AM - ATS Recommendations for Managing Conscience-Based Objections in The Intensive Care Unit
M. Lewis-Newby, MD, MPH
10:20 AM - Panel Discussion: Summarizing Reasons for and against Accomodating CBOs
Catholic Medical Association White Paper on POLST
The Catholic Medical Association (CMA) has just published a 35-page White Paper on POLST in the May issue of the Linacre Quarterly.
The CMA White Paper is titled “The POLST Paradigm and Form: Facts and Analysis.” It reviews the origin and stated goals of the POLST program, and analyzes a wide range of arguments favoring or opposing POLST. The White Paper also examines whether the POLST paradigm will provide real solutions to challenges faced by patients and families trying to make good decisions regarding end-of-life care.
Most notably, the CMA White Paper identifies some significant problems posed by POLST, and makes practical recommendations about how to promote decision-making for vulnerable patients that is medically and ethically sound, and consistent with the Catholic Church’s teachings on respect for human life.
Choosing Wisely - Top 7 List in Critical Care Medicine
This morning, at the ATS conference in Philadelphia, Scott Halpern, MD, PhD, MBE, presented "Top Ways to Reduce Low Value Care in Pulmonary and Critical Care Medicine." Halpern leads the ATS's Choosing Wisely Task Force. "Choosing Wisely is designed to have physicians take the high ground in reining in the costs of their practices versus leaving that in the hands of external policymakers. . . . There are a lot of diagnostic tests and therapies for which available evidence suggests a lack of effectiveness, and physicians are in the best position to determine exactly which practices in their own specialties fit that bill."
Choosing Wisely Top 7 List in Critical Care Medicine:
- Don't order diagnostic tests at regular intervals (e.g., daily), but rather in response to specific clinical questions.
- Don't transfuse red blood cells in hemodynamically stable, non-bleeding ICU patients with a hemoglobin concentration greater than 7 mg/dL.
- Don't use parenteral nutrition in adequately nourished critically ill patients within the first seven days of an ICU stay.
- Don't deeply sedate mechanically ventilated patients without specific indications, and do attempt to lighten sedation daily.
- Don't continue life support for patients at high risk for death or impaired functional recovery without offering patients and their families the alternative of care focused entirely on comfort.
- Do not initiate or continue antimicrobial agents without specifying an evidence-based duration or endpoint and reassessing daily whether to narrow the spectrum of coverage based on cultures and clinical response.
- Do not place or maintain arterial and central venous catheters in critically ill patients without specific indications.
Saturday, May 18, 2013
Texas Medical Futility - No Change Again
For the past four legislative sessions in Texas (2007, 209, 2011, and now 2013), a broad group of stakeholders has sought to revise Texas Health & Safety Code 166.046.
Some want to make the law more fair (.e.g. longer notice periods). That is what S.B. 303 would have done. Others, like Texas Right to Life want to completely repeal provisions allowing clinician to unilaterally refuse life-sustaining treatment.
Unfortunately, it looks like these two opposing forces have again canceled out. It looks like no bills to amend TADA will advance.
Friday, May 17, 2013
Oklahoma Requires Provision of Futile Treatment
Many states are working to find ways to permit or encourage clinicians to avoid providing non-beneficial treatment. In contrast, Oklahoma has specifically mandated that clinicians provide non-beneficial treatment, if that is what the patient's surrogate wants.
I blogged about the Oklahoma law here. I posted a copy of the law here. Elsewhere, I have explained that Oklahoma's Nondiscrimination in Treatment Act makes Oklahoma a "red light" state as far as medical futility disputes. I am pleased to see some more press coverage, indeed informed quality coverage, of this new law.
I blogged about the Oklahoma law here. I posted a copy of the law here. Elsewhere, I have explained that Oklahoma's Nondiscrimination in Treatment Act makes Oklahoma a "red light" state as far as medical futility disputes. I am pleased to see some more press coverage, indeed informed quality coverage, of this new law.
Wednesday, May 15, 2013
Patients Wins Lawsuit against VA for Terminal Misdiagnosis
Sometimes, one is delighted to find out that one's physician has made an error. That is what happened to Mark Templin. Clinicians at the Montana VA misdiagnosed him with brain cancer. They prescribed two drugs and ordered hospice care.

Templin believed he was dying. So, he quit his job, sold his pickup truck, celebrated a "last" birthday, and bought a prearranged funeral service. He even contemplated suicide. Templin testified that he cried often and considered shooting himself so his family wouldn't have to watch him wither away.
But Templin then started feeling better. He terminated hospice care. Additional testing showed multiple small strokes, but no brain cancer.
The U.S. District Court for the District of Montana awarded Templin $60,000. The judge explained: "It is difficult to put a price tag on the anguish of a man wrongly convinced of his impending death. . . . Mr. Templin lived for 148 days ... under the mistaken impression that he was dying of metastatic brain cancer." The judge awarded $500 per day for the initial period of severe mental and emotional distress and $300 per day for the latter period until Templin received his new diagnosis. He also ordered the VA to repay Templin for the cost of the birthday party and funeral.
This type of case is rare. But it certainly fosters end-of-life conflict, because it illustrates the limits of prognostication. "Why should I accept your recommendation for CMO? Maybe I am another Mark Templin." This type of case also fosters opposition to AID. Oddly, Templin considered "shooting" himself, even though, in Montana, AID is legal. But through either mechanism he would have proceeded on a false assumption.

Templin believed he was dying. So, he quit his job, sold his pickup truck, celebrated a "last" birthday, and bought a prearranged funeral service. He even contemplated suicide. Templin testified that he cried often and considered shooting himself so his family wouldn't have to watch him wither away.
But Templin then started feeling better. He terminated hospice care. Additional testing showed multiple small strokes, but no brain cancer.
The U.S. District Court for the District of Montana awarded Templin $60,000. The judge explained: "It is difficult to put a price tag on the anguish of a man wrongly convinced of his impending death. . . . Mr. Templin lived for 148 days ... under the mistaken impression that he was dying of metastatic brain cancer." The judge awarded $500 per day for the initial period of severe mental and emotional distress and $300 per day for the latter period until Templin received his new diagnosis. He also ordered the VA to repay Templin for the cost of the birthday party and funeral.
This type of case is rare. But it certainly fosters end-of-life conflict, because it illustrates the limits of prognostication. "Why should I accept your recommendation for CMO? Maybe I am another Mark Templin." This type of case also fosters opposition to AID. Oddly, Templin considered "shooting" himself, even though, in Montana, AID is legal. But through either mechanism he would have proceeded on a false assumption.
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