Abstract

http://ssrn.com/abstract=1324990
 
 

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2008-2009 National Health Law Moot Court Competition


Thaddeus Mason Pope


Hamline University - School of Law

January 8, 2009

Journal of Legal Medicine, Vol. 30, No. 4, 2009

Abstract:     
The problem involves a private hospital's use of a hypothetical state statute that establishes an internal, non-judicial mechanism for the resolution of medical futility disputes. This statute, like Texas Health & Safety Code section 166.046, gives final adjudicatory authority to a hospital's own health care ethics committee.

The problem addresses two constitutional questions. First, the problem addresses whether a private hospital's use of the state-sanctioned dispute resolution mechanism, to deny patients life-sustaining treatment, constitutes state action. Second, the problem addresses whether the state statute violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution by failing to afford patients with sufficient notice and impartial review prior to the withdrawal of life-sustaining medical treatment.

Number of Pages in PDF File: 24

Keywords: medical futility, ethics committee, end- of-life, procedural due process, state action, constitutional law, moot court, Texas Advance Directives Act

JEL Classification: I00, I18, K4, K32, K13, K41, K32

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Date posted: January 9, 2009 ; Last revised: November 6, 2013

Suggested Citation

Pope, Thaddeus Mason, 2008-2009 National Health Law Moot Court Competition (January 8, 2009). Journal of Legal Medicine, Vol. 30, No. 4, 2009. Available at SSRN: http://ssrn.com/abstract=1324990

Contact Information

Thaddeus Mason Pope (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2519 (Phone)
901-202-7549 (Fax)
HOME PAGE: www.thaddeuspope.com
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