Montana court affirms aid in dying

Montana has become the third U.S. state to give terminally ill adults the right to choose aid in dying. The decision, which came from the State Supreme Court on New Year’s Eve, 2009, was handed down by the highest body for state issues and thus cannot be appealed. The other two states honoring a patient’s wish to choose aid in dying are Oregon, which has successfully maintained its Death with Dignity legislation for more than a decade, and Washington, which passed a similar law last year.

The Montana ruling came too late for one plaintiff.

Roberta King, of Missoula, the daughter of plaintiff Bob Baxter, said, “My father died without the peace and dignity he so dearly wanted for himself and others. He feared when he filed this lawsuit that he would not live long enough to benefit from it. I’m sure he would be deeply gratified that other terminally ill Montanans will have the choice and comfort that aid in dying affords them.”

The Montana case was backed by Compassion and Choices, with C&C Legal Director Kathryn Tucker serving as co-counsel to the plaintiffs/respondents. (Full disclosure: I serve on the board of Compassion and Choices’ Northern California chapter.) The decision gave Tucker a major boost for her New Year’s celebrations. She was quoted on New Year’s Day as saying,

Montanans trapped in an unbearable dying process deserve, and will now have, this end-of-life choice. This is the first state high court to find protection of this choice, and makes clear that in Montana, patients are able to make this choice and physicians can provide this care without risking sanction.”

Others, including medical professionals and critically ill patients who invested long hours in seeking the new ruling, were equally gratified.

Dr. Stephen Speckart, a Missoula cancer specialist and a plaintiff in the lawsuit, said, “This decision affirms that a terminal patient’s fundamental right to self-determination will guide end-of-life health decisions. I regularly treat patients dying from cancer, and many of these deaths are slow and painful. Terminal patients will no longer be forced to choose between unrelenting pain and an alert mental state as they approach the end of their lives from terminal diseases. The comfort this brings to their last days can have an immeasurable benefit.”

Missoula attorney Mark Connell, who argued the case to the Supreme Court on behalf of the plaintiff physicians and patients, described the decision as “a victory for individual rights over government control.” Connell added: “The Montana Supreme Court has now recognized that, where intensely personal and private choices regarding end-of-life care are involved, Montana law entrusts those decisions to the individuals whose lives are at stake, not the government. I know Bob Baxter would be very pleased that the court has now reaffirmed that these choices should be left to the terminally ill people in our state.”

Steve Johnson, 71, of Helena, who is terminally ill with brain cancer, hailed the decision and asked the Montana medical profession to provide patients like himself with aid in dying. “I approach the end of my life with a clear mind, and I would like to work with my doctor to minimize the pain and maximize the peacefulness in my dying. I would like my physician to be able to respect and honor my choice to die with dignity. Adults like myself should have the option, if terminally ill, to request physician aid in dying. It’s only compassionate to minimize unnecessary suffering at the end of life, and to let me make the choice about how much suffering to endure, based on my own values and beliefs,” said Johnson.

The movement had widespread support across the state.

Montana State Sen. Christine Kaufmann, Rep. Dick Barrett and twenty-nine other state legislators; the American Medical Women’s Association, the American Medical Students Association, and a coalition of Montana clinicians; the American College of Legal Medicine; the American Civil Liberties Union of Montana; the Montana Human Rights Network; the Northwest Women’s Law Center; terminal patients’ surviving family members; Montana religious leaders; and Montana’s leading constitutional law experts had urged the Court to find in favor of the terminal patient’s right to receive aid in dying from their physicians.

According to Compassion and Choices president Barbara Coombs Lee, the battle for “the right to choose a humane and compassionate death will continue. (We) encourage terminally ill patients to call 800 247-7421 if they would like information about aid in dying, or suggestions on how to open a dialogue with their physician and loved ones.”

Goodbye to all that — & hello 2010

It’s hard to mourn the passage of 2009. Jobless friends struggled to survive while our own family income took a dive. Gay friends watched meanness triumph over decency in equality battles. Friends of many stripes lamented choices made by the president we elected with unrealistically high hopes. And my hometown paper this morning lists, among the top stories of the year, teenage gang rape, government insolvency and a bunch of senseless killings.

Other front pages aren’t much different: my second-favorite city winds up the year in the red and worried about the shadow of 9/11 (New York Times.) Murder and assault — specifically assault compounded by injustice — are among today’s concerns in Chicago. And a couple of other former hometown papers lead off the year’s last day with stories of car crashes, shootouts (Atlanta Journal Constitution) and a tragic, child-abandoning, now dead, alcoholic mom (Richmond Times-Dispatch). Plus another doozy about four or five hundred dead animals found in one house — and that happened in Philadelphia.

Optimism, these days, is a full-time job.

But hey. We’re inching toward health reform. Umar’s bomb didn’t go off.  Some of those bad guys (above) went to jail, and a few good guys who’d been jailed as bad guys for a very long time got out of jail thanks to the Innocence Project.  And even if the best we can do for employment optimism is note that the rate of jobs lost is getting smaller — can the country’s jobless find hope in that? — the jobless recovery seems to be happening. Surely jobs will follow.

Plus: even if we don’t like all of his choices and decisions, we have an articulate president who comes across, still, as thoughtful and decent — and doesn’t make you cringe when you see him on TV. There’s hope.

And True/Slant, which you’d never heard of this time last year, is closing in on a million readers.

Happy New Year from the Boomers and Beyond page.

The cost of trying to live forever

Why is this not an encouraging word? In a front page article, part of a Months to Live series,  New York Times writer Reed Abelson leads with a glimpse into the Ronald Reagan U.C.L.A. Medical Center, a top-rated academic hospital noted for extensive, aggressive end-of-life care (and very high costs):

‘If you come into this hospital, we’re not going to let you die,’ said Dr. David T. Feinberg, the hospital system’s chief executive.

Feinberg’s commitment to “success” might be admirable, but the statement is patently false; people die at U.C.L.A. Medical Center. This is what people do: we die. Until this culture gets its act together on that subject our health care system — whatever the reform bill eventually looks like — will continue to flounder.

Difficult as it is to talk dollars when you’re talking lives, the issue of cost has to be factored in. There are only so many dollars, and there are countless lives needing care those dollars can buy: infants, children, young adults, boomers, elderly. In each of those care-needing groups, some die.  Feinberg’s philosophy somewhere has to encounter reality.

…that ethos (keep testing, treating, keeping alive no matter what) has made the medical center a prime target for critics in the Obama administration and elsewhere who talk about how much money the nation wastes on needless tests and futile procedures. They like to note that U.C.L.A. is perennially near the top of widely cited data, compiled by researchers at Dartmouth, ranking medical centers that spend the most on end-of-life care but seem to have no better results than hospitals spending much less.

Listening to the critics, Dr. J. Thomas Rosenthal, the chief medical officer of the U.C.L.A. Health System, says his hospital has started re-examining its high-intensity approach to medicine. But the more U.C.L.A.’s doctors study the issue, the more they recognize a difficult truth: It can be hard, sometimes impossible, to know which critically ill patients will benefit and which will not.

That distinction tends to get lost in the Dartmouth end-of-life analysis, which considers only the costs of treating patients who have died. Remarkably, it pays no attention to the ones who survive.

No one, not the doctors, not the patients, not the best crystal ball reader around can guarantee that this patient will die or that patient will live. If there is a good chance a patient will survive — and it would be nice to add “with a reasonable quality of life” here — everything possible, and affordable, certainly should be done. Abelson’s carefully balanced article details the arguments for going to extraordinary lengths to save lives, as well as the arguments to draw the line on end-of-life expenses.

According to Dartmouth, Medicare pays about $50,000 during a patient’s last six months of care by U.C.L.A., where patients may be seen by dozens of different specialists and spend weeks in the hospital before they die.

By contrast, the figure is about $25,000 at the Mayo Clinic in Rochester, Minn., where doctors closely coordinate care, are slow to bring in specialists and aim to avoid expensive treatments that offer little or no benefit to a patient.

“One of them costs twice as much as the other, and I can tell you that we have no idea what we’re getting in exchange for the extra $25,000 a year at U.C.L.A. Medical,” Peter R. Orszag, the White House budget director and a disciple of the Dartmouth data, has noted. “We can no longer afford an overall health care system in which the thought is more is always better, because it’s not.”

By some estimates, the country could save $700 billion a year if hospitals like U.C.L.A. behaved more like Mayo. High medical bills for Medicare patients’ final year of life account for about a quarter of the program’s total spending.

So…. to spend that $25,000/$50,000 or not to spend? Unless we the people somehow face the reality that living forever is not a human option, the dilemma will continue.

The benefits of coming to terms with non-optional dying could be huge. We could focus on quality living. On palliative care and hospice care and end-of-life peace and comfort. Advances in palliative care now make it possible for most of us to spend final months at home (or in special hospital rooms), in comfort, surrounded by loved ones; given the choice, would you prefer a few weeks or months in a bright-lit sterile room with a lot of tubes and wires keeping you alive? U.C.L.A. now offers the choice of palliative care. Not everyone in charge, however, is convinced.

Dr. Bruce Ferrell, who helps lead the palliative care program, recalls a patient two years ago who got a liver transplant but developed serious complications afterward and remained in the hospital for a year. “He had never, ever been told that he would have to live with a ventilator and dialysis,” Dr. Ferrell said. “He was never told that this is as good as it’s going to get.”

Dr. Ferrell talked with the patient about whether he might want to leave the intensive-care unit to go home and receive hospice care. But when the surgeon overseeing the case found out, he was furious.

“We do not use the h-word” — hospice — “on my patients,” the surgeon told Dr. Ferrell. “Don’t ever come back.”

The patient chose to leave.

But lately, Dr. Ferrell says, more of the transplant surgeons appreciate the value of what he is trying to do.

“We’re not the bad guys,” he said. “We offer options.”

We the people would do well to quit being the bad guys. To quit behaving as if death were always preventable. We could learn about the options to spending all those thousands of dollars on exhaustive, often futile treatment. We could talk about what we would or would not want for ourselves, write things down, make choices.

If more of us would do that for ourselves, the House and Senate wouldn’t have such a time trying to do it for us.

Taking on MoveOn

I am a certified MoveOn supporter. Though I had to opt out of the e-feeds because my Inbox overfloweth, I have sent money, forwarded news, heeded their messages.

But enough is enough. They are pushing for measures we should have, but won’t get today. I am coming down on the side of those who say just get us a bill. In the words of Washington Post editorial writer E. J. Dionne — in a column today aptly titled Don’t scream: organize:

Instead of trying to derail the process – exactly what conservative opponents want to do – those on the left dissatisfied with the Senate bill should focus their efforts over the next few weeks on getting as many fixes into it as they can.

What we have in the Senate bill is a mishmash of stuff we didn’t want, along with the absence of stuff we did. Ridiculous obstacles to a woman’s right to choose to have an abortion — write two checks every month just so Ben Nelson can get benefits in perpetuity for Nebraska and maybe we’ll satisfy the U.S. Conference of Catholic Bishops in the bargain? — piled on top of other obstacles for the poor and benefits for the rich (read: Big Pharma.) But come on, folks, it’s a bill. If we get a bill, it can be improved. If we fail, it’ll be another generation of a punitive, non-working “system” of health care before we get this far again. By then there will be other Joe Liebermans eager to grab the spotlight and claim the power to derail every other beneficial detail. I’ll be dead, but I plan to haunt you.

Dionne points out that the House bill is superior, the two bills will now have to be reconciled, and there will be future opportunities to build on this beginning.

Enactment of a single bill will not mark the end of the struggle. It will open a series of new opportunities. It’s a lot easier to improve a system premised on the idea that everyone should have health coverage than to create such a system in the first place. Better to take a victory and build on it than to label victory as defeat.

Successful political movements prosper on the confidence that they can sustain themselves over time so they can finish tomorrow what they start today. At this moment, rage is understandable, but hope is what’s necessary.

Progressives – don’t scream: organize.

Should Catholic Bishops Determine U.S.Health Policy?

Why do these two sentences, in a report by New York Times health writers Robert Pear and David M. Herszenhorn which appears in today’s San Francisco Chronicle, send chills down my spine?

Nelson (Sen. Ben Nelson, D-Nebraska) and the U.S. Conference of Catholic Bishops , said Thursday that they could not accept Casey’s (Sen Bob Casey, D-Pa) initial proposal, in part because they saw money from the government and premiums as fungible.

Cardinal Daniel DiNardo, the archbishop of Galveston-Houston and chairman of the bishops’ anti-abortion committee said, ‘We continue to oppose, and urge others to oppose, the Senate bill unless and until this fundamental failure is remedied.’

A more recent report on NYTimes.com says Nelson will now support the bill, since it includes tighter restrictions on abortion coverage. I assume if it’s okay with Senator Nelson it’s okay with USCCB.

In the mid-1970s I had a friend I will call Sara, a 19-year-old single mom working hard to raise an infant daughter, who found herself pregnant with a probably defective potential baby. She saw no way to care for her existing child without a job — the pregnancy would cost her her job — let alone care for an unplanned and unwanted new child with special needs. Her church gave her no choice. She managed to have an abortion in fairly sterile circumstances, but because she was part of a small Catholic congregation she remained terrified for years afterward that she would be found out and condemned to hell. I remember thinking how sad it was that she could not seek comfort and support from her close-knit faith community.

I am fine with Sara’s beliefs and honor her for that struggle. I am not fine with having the U.S. Conference of Catholic Bishops determine health policy for all of us. And I wonder how many Saras will be denied proper care because the USCCB believes that some embryonic cells are more important than the right of a woman to control her own body. It remains to be seen if the bill passes, and what sliver of abortion coverage survives, but the tragedies of back-alley abortions, which I know from personal experiences and which the bishops cannot even begin to fathom, are quite likely to return.

What happened to that quaint notion of separation of church and state?

Figuring out Joe Lieberman

New York Times columnist Gail Collins offers a few choice answers to today’s most pressing question: ‘What is it with Joe Lieberman?’

Lieberman’s apparently successful attempt to hijack health care reform and hold it hostage until it had been amended into something that liberals couldn’t stomach has mesmerized the nation’s political class. This was, after all, a guy who has been a liberal on domestic issues since he was a college student campaigning for John F. Kennedy. A guy who was in favor of the public option, of expanding Medicare eligibility, until — last week.

The theories about Why Joe Is Doing It abound. We cannot get enough of them! I have decided to start a rumor that it all goes back to the 2004 presidential race, when Lieberman not only failed to win any primaries, but was also bitten by either a rabid muskrat or a vampire disguised as a moose.

Other than that, my favorite explanation comes from Jonathan Chait of The New Republic, who theorized that Lieberman was able to go from Guy Who Wants to Expand Medicare to Guy Who Would Rather Kill Health Care Than Expand Medicare because he ‘isn’t actually all that smart.’

It’s certainly easier to leap from one position to its total opposite if you never understood your original stance in the first place, and I am thinking Chait’s theory could get some traction. ‘When I sat next to him in the State Senate, he always surprised me by how little he’d learned about the bill at the time of the vote,’ said Bill Curry, a former Connecticut comptroller and Democratic gubernatorial nominee.

Collins favors the not-that-bright theory (‘in part because it’s as good an explanation as any, and in part because it will definitely drive Lieberman nuts’), but she provides greater insight by drawing the comparison between the records of failed national candidates Al Gore and John Kerry, who moved on to useful pursuits, and those of John McCain and Joe Lieberman who are ‘work(ing) out barely suppressed rage by attacking things (they) used to be for.’

Maybe the difference comes from self-image. Lieberman and McCain both thought of themselves as ‘character’ candidates whose success was due to the love and trust of the public, and whose ultimate failure was the work of evil forces beyond their control. Kerry and Gore never believed their success was due to their innate likability. When they lost the presidency, a part of them probably shrugged and remembered that they weren’t all that popular in prep school, either.

Politicians switch direction all the time, but the Lieberman experience has been weird because he doesn’t seem to feel as though he’s changed. He bounds around happily, doing the talk shows, confident that he’s the same independent-minded independent who believes in independence as always. Observers who have known him for a long time feel as though they’re living out a scene in a science-fiction movie when the guy who’s just been bitten by the vampire-moose comes home and sits down to dinner, unaware that he’s sprouting antlers.

I used to cover Lieberman when he was the majority leader of the State Senate in Connecticut. We got along very well, except for one interview, during which he talked about working for J.F.K., and how he kept a Mass card from Robert Kennedy’s funeral to remind him of the principles to which he had dedicated his career. Showing me the card, he remarked casually that he hadn’t looked at it for some time.

I wrote an article using the neglected Kennedy card as a metaphor for Lieberman’s fall from his old ideals into the pragmatic politics of a party leader. He was outraged and wounded, and I believe I apologized.

Collins is now taking back that apology. I think it is Joe Lieberman who needs to apologize to the American people. We voted for health reform, we’ve watched the key parts get tossed for the likes of those insurance folks who so strongly support him, and now we’re feeling a little helpless as he enjoys his position of fame and glory and power.

Lieberman may not be that smart, and he’s certainly not wise. Unfortunately, he is shrewd.

Op-Ed Columnist – Sorry, Senator Kerry – NYTimes.com.

Get smarter before the New Year? Sure you can

Scientific proof is limited. But this space, in the interest of staving off dementia while smartening up the general population, has been investigating recent reports on benefits of brain exercise. (One recent report in this space said crossword puzzles aren’t any big brain deal, which is mildly contradicted by the report below, which proves one cannot believe everything one reads online. Still… evidence is coming in.)

Doing crossword puzzles, reading, and playing cards daily may delay the rapid memory decline that occurs if people develop dementia, according to a U.S. study.

Researchers from New York’s Albert Einstein College of Medicine spent five years following 488 people aged 75 to 85 who did not have dementia at the start of the study.

Participants were tracked for how often they engaged in six endeavors: reading, writing, doing crossword puzzles, playing board or card games, having group discussions and playing music. Almost 1/4 of them developed dementia (that’s the bad news) during the study period. But the more engagement, the slower the decline.

Denise Park, PhD, founder of the Center for Vital Longevity at the University of Texas and a panelist on the recent brain fitness segment of PBS’ Life (Part 2) series, argued against crossword puzzles in this space (Can You Beef Up Your Brain, 12-09-09.) The social component (think tackling a new dance step) of brain exercise, she and many others maintain, is critical. Or the multi-layered element involved in learning to play a musical instrument or taking up photography — Park believes those sorts of endeavors will always beat crossword puzzles and solitary computer games.

Now comes Kathryn Bresnik of ProProfs.com. Bresnik isn’t quite ready to assert that you can improve your cognitive function right this minute by playing online brain games, but she cites a recent report (by Mary Brophy Marcus in USA Today) that the movement is gaining traction:

Computer games have been inching their way into the medical world over the last few years and though your local hospital may not become a mini-arcade, experts say patients can expect to see more gaming in medical settings in the years to come, especially brain games.

That report covered a recent Games for Health Conference in Boston, which for the first time featured a day of sessions specifically focused on gaming and cognitive health, and presentations by researchers from such mildly disparate sites as Massachusetts Institute of Technology and Warner Brothers Interactive Entertainment. (Pick which to believe.)

For the past two days, since being alerted to ProProfs.com, I have been sneaking over to their game page, doing things like the Family Word Search or the Quick Calculate math one. Being an admitted novice to computer games, I found it pretty nifty to have that little voice telling me That. Is. Correct. when I did something right, and presenting instant tallies of time and scores.

So, okay, I haven’t made it into the top 50 for this week, and the games I chose are probably designed for 7th graders rather than 70-somethings. But here’s the thing: Every day, my scores are just a tiny bit better. This seems proof, albeit slightly anecdotal, that I am getting smarter. You may want to give it a try. If I can get smart enough to embed the game that the site tells me I can embed into a blog, it will be done at a later date, and perhaps we can poll True/Slant readers for increased cognitive function.

One caveat: While you are doing computer games, you cannot be doing dishes. Or writing blogs, for that matter. Smartness has its price.

via A crossword puzzle a day may delay dementia – Aging- msnbc.com.

Clinton defends human rights approach

Human rights supporters and advocates, a not insignificant chunk of the population that elected Barack Obama, have had some discomfort over the delays in getting Guantanamo closed and over the cozy relationships maintained with other governments who aren’t doing a stellar job in this area. That ‘other governments’ is meant to be an inclusive phrase, since the U.S., for its own part in protecting human rights, still lets uncounted millions die without proper health care.

The particular choice of words by Secretary of State Clinton, reported by Brian Knowlton in the New York Times, is a new cause for discomfort.

Rejecting bipartisan criticism, Secretary of State Hillary Rodham Clinton on Monday detailed an administration human-rights approach that she called ‘pragmatic and agile,’ meant to emphasize not just democracy but also development and to raise sensitive issues with countries like Russia and China behind closed doors.

Pragmatism is good, and probably a universal necessity. But ‘agility’? Somehow, the image of our government staying agile in its human-rights approach doesn’t inspire confidence. Rather, it conjures up images of crouching tigers and hidden dragons and all those other now-you-see-it-now-you-don’t fantasies put into play in the movie everyone seemed to think extraordinary but some of us found bizarre.

‘Sometimes we will have the most impact by publicly denouncing a government action, like the coup in Honduras or the violence in Guinea,’ she said in a speech at Georgetown University.

‘Other times we will be more likely to help the oppressed by engaging in tough negotiations behind closed doors, like pressing China and Russia as part of our broader agenda,’ she said. ‘In every instance, our aim will be to make a difference, not to prove a point.’

Her speech defended an administration approach that has been criticized by some rights advocates and by certain lawmakers as too gentle or undemanding.

The administration has pointed to what it said were the early results of its less-confrontational approach: signs of new Chinese cooperation on climate change and on pressing Iran over its nuclear program.

Further signs, especially for those of us who remain believers, will be eagerly welcomed.

via Clinton defends approach on human rights.

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