I blogged about the Oklahoma law here. I posted a copy of the law here. Elsewhere, I have explained that Oklahoma's Nondiscrimination in Treatment Act makes Oklahoma a "red light" state as far as medical futility disputes. I am pleased to see some more press coverage, indeed informed quality coverage, of this new law.
How can you say "Oklahoma Requires Provision of Futile Treatment" when "medical futility" hasn't been tested in case law in Oklahoma?
ReplyDeleteSince the federal 1991 Patient Self Determination Act isn't being enforced as to BOTH the right to live and the right to die, I think Oklahoma deserves a medal for the laws they have passed that will protect their elderly/disabled from having their lives shortened without their informed consent to CAP the costs to the hospitals of unreimbursed treatments.
The matter of "medical futility' is usually brought up by the physician/hospital and as you indicate, only about 5% of these cases ARE NOT SOLVED within the hospital by the parties involved.
Obviously, Oklahoma, like Texas, may have to attempt to define "medical futility" and provide "due process" safeguards by providing neutral bodies outside of the hospital to work in the interests of the patient and the hospital if "medical futility" becomes a problem.
These Oklahoma laws will stop overtreatment of the elderly/disabled for profit and undertreatment (for profit when physicians SEEK informed consent for Curative Care as opposed to Palliative Care/Hospice from their ill elderly/disabled patients.