California's end-of-life options act: are appeals possible?
April 9, 2018 6:54 PM Subscribe
A friend's elderly mother who is very ill wants to end her life using CA's end-of-life options act. Her primary physician agrees she is terminal and supports her intention but a consulting 2nd physician would not assent. Is there any possibility of appealing this determination?
YARNML/YANMD; A friend’s 81 year old mother, who is gravely ill with COPD, severe osteoporosis and chronic pain has decided that she would like to utilize California’s End of Life Options Act. She is in hospice care at this time, bedridden and on oxygen at home. She, a retired attorney and resident of California, is very clear in her understanding of the law and her own wishes. The law requires that two physicians attest to the person’s terminal condition, state of mind and ensure that the person is not being coerced. Her primary physician believes these conditions have been met and is on board with the plan. My friend’s mother just learned today that the second physician (a consulting specialist and requirement of the Act) does not believe she is terminal and going to die in the next 6 months. She is very distressed by this physician’s assessment.
A summary of the Act can be found here (pdf)
Are you aware of any recourse she can take? Is there an appeals process? Do you have knowledge of this law?
Having had long conversations with her mother about her decision, my friend is supportive of her mother’s wishes. She would like to help advocate for her mother’s very personal decision. Thank you for your insights.
YARNML/YANMD; A friend’s 81 year old mother, who is gravely ill with COPD, severe osteoporosis and chronic pain has decided that she would like to utilize California’s End of Life Options Act. She is in hospice care at this time, bedridden and on oxygen at home. She, a retired attorney and resident of California, is very clear in her understanding of the law and her own wishes. The law requires that two physicians attest to the person’s terminal condition, state of mind and ensure that the person is not being coerced. Her primary physician believes these conditions have been met and is on board with the plan. My friend’s mother just learned today that the second physician (a consulting specialist and requirement of the Act) does not believe she is terminal and going to die in the next 6 months. She is very distressed by this physician’s assessment.
A summary of the Act can be found here (pdf)
Are you aware of any recourse she can take? Is there an appeals process? Do you have knowledge of this law?
Having had long conversations with her mother about her decision, my friend is supportive of her mother’s wishes. She would like to help advocate for her mother’s very personal decision. Thank you for your insights.
I'd think these orgs can help:
http://californiadeathwithdignity.org
http://coalitionccc.org/tools-resources/end-of-life-option-act/
posted by at at 8:03 PM on April 9, 2018
http://californiadeathwithdignity.org
http://coalitionccc.org/tools-resources/end-of-life-option-act/
posted by at at 8:03 PM on April 9, 2018
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I should stress that I don't know how this plays out practically. I can see a second consulting physician being reluctant to certify whether another doctor would not. I could also imagine practice groups or insurance providers having policies on whether they may do so. But, just from what is written, it doesn't even seem she would have to "appeal"--she just needs to find another sufficiently qualified doctor who agrees with her primary care doctor's assessment.
I'm sorry for your friend and your friend's mother. This sounds very difficult.
posted by praemunire at 7:12 PM on April 9, 2018