All Rise’s Post

In March 2022, Oregon abolished the requirement that terminally ill patients seeking access to physician-assisted death be residents of the state. Oregon made the change to its physician-assisted death laws after an Oregon physician group filed a federal lawsuit, challenging the residency requirement’s constitutionality under the Commerce Clause and the Privileges and Immunities Clause. The case ultimately settled, with Oregon agreeing to no longer enforce the residency requirement provision. Now, out-of-state, terminally ill patients can travel to Oregon to end their lives with the assistance of Oregon physicians.   While this is a major victory for physician-assisted death advocates, the constitutional arguments raised in the lawsuit remain unanswered and could be raised again as advocates push to abolish residency requirements in all states where physician-assisted death is legal.   Jacob Schurman delves into a comparative analysis of case law concerning physician-assisted death and the right-to-refuse medical treatment before discussing existing legislation and addressing public policy arguments. This Comment then examines the strengths and weaknesses of challenging residency requirements on constitutional grounds.   Read the full article at: https://bit.ly/431tF0M   #HoustonHLJ #WeareHoustonLaw #HoustonLaw #healthlaw #UHLC #health #law #journal

HAPPENING TODAY - WEBINAR 🎥 | When is a court application required to withdraw medical treatment? Implications of Re GUP The webinar will be chaired by Vikram Sachdeva KC, with presentations from members Arianna Kelly, Francesca Gardner and Prof Stephen Playfor They will consider the often difficult issue of when an application to the Court of Protection or High Court is required when clinicians are considering withdrawing life-sustaining treatment. Following on the recent decision of Mr Justice Hayden in Re GUP, the panel of medical and legal experts will look at: • issues of law and practice; • the evolution of case law with respect to when serious medical treatment applications should be made; • the role of the court if there is no available option for treatment; and • lessons for hospital trusts arising out of the GUP case. 🔗 Register now at: https://lnkd.in/enpY_djm #39Events #CourtofProtection #PublicLaw

It is counterintuitive that police do not have the obligation to call for emergency medical care for persons experiencing a health crises during pre-arrest situations. #civilrights #emergencycare #prearrest #lawenforcement #nonmaleficence "U.S. courts have long held that people in custody have a right to reasonable or adequate care.(7) In 1976, Estelle v. Gamble established a legal standard requiring the provision of adequate care under the Eighth Amendment’s prohibition of cruel and unusual punishment, which was subsequently extended, under the due process clause of the Fourteenth Amendment, to inmates who have not yet been convicted.(7,8 )Similarly, persons held in police custody have a constitutional right to reasonable care, which ensures that the government not act with deliberate indifference to their serious medical needs. Strikingly, however, these protections do not guarantee the provision of emergency medical care when a person experiences a health crisis while in custody, nor are they applied in a pre-arrest context, such as during a traffic stop or an initial encounter. Consequently, law-enforcement officers have no constitutional duty to provide an afflicted person any medical care whatsoever in these earlier encounters, even if the person is incapacitated or otherwise incapable of seeking care. Rights to Medical Care as Guaranteed under the U.S. Constitution and as Proposed by the Medical Civil Rights Act."

Kathleen Kassa and I are proud to announce the publication of our Peach Sheet in Volume 40 of the Georgia State University Law Review: SB 140 - Treatment of Gender Dysphoria in Minors. Our Peach Sheet analyzes Georgia SB 140, an important bill that restricts certain types of medical treatment available to Georgia's gender-diverse minors. The bill's substance is similar to those enacted in several states, and the legal issues presented in this bill are being litigated across the country and in multiple federal circuit courts. In fact, SB 140 litigation is already underway in federal court in Georgia. SB 140 and its equivalents reflect major themes in constitutional law that I've enjoyed learning so much about in the last year. The Peach Sheets are the Law Review's annual legislation issue, which contain analysis of a selected group of bills that the Georgia General Assembly considered during the 2023 Session. The purpose of each Peach Sheet is to document the legislative history of each bill covered and to produce an article that will be of lasting value to the legal community. Katie and I hope that our Peach Sheet analysis of SB 140 provides such value. #constitutionallaw #georgia #federalcourt #healthlaw #genderaffirmingcare #genderidentity #medicine #doctors #healthcare https://lnkd.in/ezdewg_z

Our latest edition of our Clinical Law insight is now out, summarising some of the key issues in #healthcarelaw for the NHS, insurers and private health providers. A very interesting read!

Advanced health care directives and living wills can be notarized by PDX Signing Mobile Notary in the format of a medical power of attorney. We can notarize the document at your house, place of business, coffee shop, or hospital because we have a lot of expertise notarizing Advanced Health Care Directives. In Oregon, an advanced care directive outlines your preferences for medical treatment and appoints a responsible party to make decisions on your behalf in the event that you are unable to do so. A notary public can notarize your advanced directive once you've created it. Even though the advanced directive is notarized, it is frequently necessary for it to be witnessed by a patient advocate or ombudsperson if the signer resides in a skilled care facility. #advancedhealthcaredirectivenotarization #mobilenotaryservices #healthdocumnetsnotarization #notarynearme #healthcaredirectivenotarization #PDXSigning https://posts.gle/c96zT6

Informed consent is more than a mere legal formality; it is a fundamental right that empowers patients to make informed decisions about their medical treatment. Medical practitioners have an ethical and legal obligation to provide patients with comprehensive information regarding the proposed treatment, including potential risks, benefits, and alternatives. Greer residents, like anyone else, should be able to trust that their healthcare providers will act transparently and respect their autonomy. If you find yourself in need of legal support in the wake of medical malpractice, Christian & Christian Law Firm is ready to stand by your side, ensuring that your rights are protected and justice is served. #InformedConsent #MedicalMalpractice #GreerSC #JusticePrevails

Discover how the Ascension healthcare hack impacts patient care and learn why it’s crucial to have independent medical records. Stay prepared and protected. https://lnkd.in/g4ij7Y7K #longtermcare #estateplanning #medicalrecords

Legal News: Statutory implementation of medical examiners in England and Wales. The Department of Health and Social Care has confirmed that new regulations governing medical examiners have been laid before parliament. These changes will provide greater transparency on causes of death and strengthen safeguards to not only help the bereaved but also protect the public. From the 9th of September 2024, it will become a statutory requirement that all deaths in any health setting, that are not referred to the coroner in the first instance, are subject to medical examiner scrutiny. As a result, medical examiners will consult with families or representatives of the deceased, providing an opportunity for them to raise questions or concerns with a senior doctor, who was not involved in the care of the person who died. You can read the full article at: https://lnkd.in/ehmXBxK7 #legalnews #medicalnews #legalservices #expertwitness #coroner #lexology #lawsociety #lawfirm #solicitor #barrister

Last week, the Georgia Court of Appeals issued an opinion from the entire court finding that the ER Statute apples to remote medical providers, so long as the patient is in one of the physical locations covered by the Statute at the time of treatment. McGrew Miller Bomar & Bagley associate Breonna Glover dives deep into the opinion and its implications for medical personnel in the state of Georgia.  Read more: https://buff.ly/3LuPFt7  #MMBB #LawFirm #MedicalProviders #GeorgiaCourtOfAppeals #MedicalPersonnel #LegalOpinion #GeorgiaLaw #MedicalMalpractice #ERStatute