24 Pages Posted: 9 Jan 2009 Last revised: 6 Nov 2013
Date Written: January 8, 2009
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.
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
Suggested Citation: 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: https://ssrn.com/abstract=1324990