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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Kenny Heglund on the bogus “senior euthanisia” issue

Kenny Heglund of the University of Arizona writes: 

“While there is a lot about the fact that the oppositionlies about section 1233, there is little why it is a terrific idea. Aselder law profs I think we can play a role by writing our localnewspapers. Below is the letter I just sent in. Further, perhapssomeone could write on behalf of our section and send it to the Post orthe Times … maybe with a lot of us signing

I am sure you have your own ideas on this and your own supportingquotes. The one I use from Dr. Christakis is from his book, A DeathForetold (University of Chicago Press, 1999) at page xiv.  Another goodquote

“Terminal patients in the last six months of their lives still receivedaggressive treatment, and many of them were in the intensive care unit.A high percentage … continued to complain of moderate to severepain.”

This one is from Dr. Pauline Chen, Final Exam: A Surgeon’s Reflections on Mortality (Vintage Press, 2008) p.71.

In my letter I refer to a video on hospice my students made. Comments welcomed.

Here is the letter:

—————

Say you are a senior, worried about the future. You have heard ofadvance directives, health care proxies, and hospice. But you need moreinformation. If you have a lawyer, great, but what about your doctor?Probably no luck. The time a doctor spends discussing these crucialtopics is lost time – Medicare doesn’t pay for the consult. A recentproposal, part of the Health Care Reform, remedies this: doctors willnow be paid for their time. That’s all it provides: it does not makethese talks mandatory nor does it push any alternative; it is mostdefinitely not, as some claim, a “Kill Granny” provision.

It is a “Help Granny” provision.

Many die bad deaths. As Dr. Nicholas Christakis writes in A DeathForetold: “The great majority of Americans die in institutions ratherthan at home as many would prefer; most die in pain being in the careof health providers; many die alone; and many have deaths that arefinancially devastating for their families.”

Having taught Elder Law for several years, I know that advance planningis critical both for “Ganny” and her family. She needs to know heroptions. To dump “Granny” to make a political point, a misleading oneat that, ain’t right.

My Elder Law class produced a 15 minute video on hospice that you might find helpful. See http://www.law.arizona.edu/hospice