Vermont Business Magazine Compassion & Choices and Patient Choices Vermont on Wednesday fileda motion to strikefrom the court record thestate's Consent Agreementwith physician plaintiffs in a dismissed federal lawsuit seeking to limit information provided to patients underVermontlaw. The case sought to weaken the physicians' duty to inform patients about all of their end-of-life care options. The groups oppose the Consent Agreement because it causes confusion about physician obligations to patients underVermontlaw.
"Act 39 enables people near the end of life to intentionally live their remaining weeks or months knowing that they have the means for a simple and peaceful ending. Our goal is to make sure that all Vermonters know about this option and can make fully informed decisions about their end-of-life choices," saidBetsy Walkerman, president of Patient Choices Vermont. "That's why it is critical that the court clarify the record and remove the Consent Agreement."
Monica van de Ven and her service dog Tisha
"The Consent Agreement appeared to suggest legal and professional obligations that apply to medical providers to counsel or refer patients when they ask about medical options at the end of life somehow didn't apply to plaintiffs," said Kevin Díaz, national director of legal advocacy for Compassion & Choices. "The court should strike this agreement because it impacts the rights of patients by attempting to establish an unreasonably restrictive interpretation ofVermontlaw that directly contradicts the plain language of the statute and the court's order."
Last April, U.S. District Court JudgeGeoffrey W. Crawforddismissed the suit filed inJuly 2016against the state ofVermontby Alliance Defending Freedom on behalf of the plaintiffs, Vermont Alliance for Ethical Healthcare andTennessee-based Christian Medical and Dental Association. The groups claimedVermont'sPatient's Bill of Rights for Palliative Care and Pain Managementviolated their religious rights by requiring doctors to discuss all end-of-life care options with their patients. Judge Crawford's ruling concluded thePatient's Bill of Rights for Palliative Care and Pain Managementand anotherVermontlaw,Limitation of Medical Malpractice Action Based on Lack of Informed Consent, "continue to govern physicians in all aspects of their care of the terminally ill. Under these provisions, physicians must inform patients about all choices and options relevant to their medical treatment." [See page 8 of opinion here].
The plaintiffs then negotiated a Consent Agreement with theVermontattorney general without consulting parties to the lawsuit, including Compassion & Choices and Patient Choices Vermont. The plaintiffs filed the Consent Agreement with the court onMay 5, the day of the appeal deadline, without notifying the attorney general, Compassion & Choices or Patient Choices Vermont.
TheConsent Agreement and Stipulationstates:
- Plaintiffs and similarly situated medical providers do not have a legal or professional obligation to counsel and refer patients for the Patient Choice at End of Life process under [Vermont's Patient Choice at End of Life Act (Act 39)]…the Patient's Bill of Rights…or the Informed Consent Act…
- Plaintiffs and similarly situated medical professionals have a professional obligation to provide relevant and accurate information regarding the Patient Choice at End of Life process upon a patient's request, or if unwilling to provide the information personally, to make a referral or otherwise reasonably ensure that the patient will be able to obtain relevant and accurate information about the process … Plaintiffs hereby waive their right to seek reconsideration of, or file notice of appeal … .
In response to a request by Compassion & Choices and Patient Choices Vermont to clarify physician obligations underVermontlaw as described in the Consent Agreement,the attorney general's office wrote:
"In accordance with the Consent Agreement, the State has included a revised question and answer for "Are doctors required to tell patients about this medical aid in dying?" on the"frequently asked questions" section of the Vermont Department of Health's website about Act 39… Nothing in the Consent Agreement gives up any legal rights of patients [but] The State will not oppose a motion to strike the Consent Agreement from the district court's docket … "
"By stipulating that 'medical providers do not have a legal or professional obligation to counsel and refer patients for the Patient Choice at End of Life process,' the stipulating parties are causing confusion about the rights of patients to such counseling and referral," saidDavid Bassettof WilmerHale, co-counsel on behalf of Compassion & Choices, Patient Choices Vermont and twoVermontpatients,Benedict Underhill of Brattleboro, andMonica van de Ven(who died peacefully in January by utilizingVermont'sPatient Choice at End of Life Act). "By limiting Act 39's informed consent obligation — a critical aspect of the law — the Consent Agreement not only interferes with the prerogatives ofVermontcourts and the legislature, but also impedes the successful implementation of the law," concluded Bassett.
Compassion & Choices is the oldest nonprofit working to improve care and expand options for the end of life inthe United States, with 450,000 supporters nationwide. For more information, visitwww.CompassionAndChoices.org.
Patient Choices Vermont (PCV) is the organization principally responsible for successfully advocating for the adoption of Act 39. PCV is dedicated to protectingVermont'sEnd-of-Life Choice Law, educating communities and working to ensure that all Vermonters have true access to the rights established by the law.www.PatientChoices.org
David Bassett, Samantak Ghosh,Nina GarciaandStephanie Neelyof WilmerHale; Ron Shems of Diamond & Robinson; and Kevin Díaz are co-counsel on behalf of Compassion & Choices, Patient Choices Vermont and twoVermontpatients,Benedict UnderhillandMonica van de Ven(who died peacefully in January by utilizingVermont'sPatient Choice at End of Life Act).
Source:RUTLAND, Vt.,Aug. 23, 2017/PRNewswire-USNewswire/ --Compassion & Choices and Patient Choices Vermont