2008-2009 National Health Law Moot Court Competition

24 Pages Posted: 9 Jan 2009 Last revised: 6 Nov 2013

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute

Date Written: January 8, 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.

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

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

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Avenue
Room 320
Saint Paul, MN 55105
United States
651-695-7661 (Phone)

HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

Alden March Bioethics Institute ( email )

47 New Scotland Ave
MC 153
Albany, NY 12208
United States

HOME PAGE: http://www.thaddeuspope.com

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