Thaddeus Mason Pope

Mitchell Hamline School of Law

Director- Health Law Institute; Professor of Law

875 Summit Avenue

Room 320

Saint Paul, MN 55105

United States

http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center

Adjunct Professor

2 George Street

Brisbane, Queensland 4000

Australia

Saint Georges University

Visiting Professor, Medical Jurisprudence

West Indies

Grenada

http://www.thaddeuspope.com

Alden March Bioethics Institute

Adjunct Associate Professor

47 New Scotland Ave

MC 153

Albany, NY 12208

United States

http://www.thaddeuspope.com

SCHOLARLY PAPERS

136

DOWNLOADS
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11,925

SSRN CITATIONS
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Top 20,240

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13

CROSSREF CITATIONS

38

Scholarly Papers (136)

Voluntarily Stopping Eating and Drinking: A Legal Treatment Option at the End of Life

Widener Law Review, Vol. 17, p. 363, 2011, Widener Law School Legal Studies Research Paper No. 10-35
Number of pages: 67 Posted: 10 Oct 2010 Last Revised: 06 Nov 2013
Thaddeus Mason Pope and Lindsey E. Anderson
Mitchell Hamline School of Law and Widener University Delaware Law School
Downloads 963 (30,046)

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medical futility, end-of-life, elder law, death, litigation, voluntarily stopping eating and drinking, palliative medicine

Voluntarily Stopping Eating and Drinking: A Legal Treatment Option at the End of Life

Widener Law Review, Vol. 17, No. 2, pp. 363-428, 2011
Number of pages: 66 Posted: 27 Feb 2012
Thaddeus Mason Pope and Lindsey E. Anderson
Mitchell Hamline School of Law and Widener University Delaware Law School
Downloads 226 (172,198)

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death, dying, voluntary dying, informed consent, suffering, VSED, abuse, neglect, assisted suicide, hydration, nutrition

2.

Medical Futility Statutes: No Safe Harbor to Unilaterally Refuse Life-Sustaining Treatment

Tennessee Law Review, Vol. 75, No. 1, 2007
Number of pages: 82 Posted: 30 May 2007 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 860 (35,702)
Citation 1

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medical futility, end-of-life, death and dying, bioethics, advance directives

3.

Balancing Public Health Against Individual Liberty: The Ethics of Smoking Regulations

University of Pittsburgh Law Review, Vol. 61, No. 2, February 2000
Number of pages: 80 Posted: 22 Sep 1999 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 744 (43,541)

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4.

Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases

Marquette Elder's Advisor, Vol. 9, No. 2, 2008, Widener Law School Legal Studies Research Paper No. 08-63
Number of pages: 42 Posted: 28 Dec 2007 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 587 (59,344)

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medical futility, end-of-life, elder law, death, litigation

5.

Clinicians May Not Administer Life-Sustaining Treatment Without Consent: Civil, Criminal, and Disciplinary Sanctions

Journal of Health & Biomedical Law, Vol. 9, No. 2, pp. 213-296, 2013
Number of pages: 84 Posted: 31 Jan 2013 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 522 (68,769)

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life-sustaining treatment, POLST, advance care planning, advance directives, surrogate, informed consent, medical records, vitalistic philosophy, wrongful living, guardian, safe harbor immunity, intentional infliction of emotional distress, False Claims Act, patient

6.

Conscientious Objection by Health Care Providers

Lahey Clinic Journal of Medical Ethics, Vol. 18, No. 1, Winter 2011
Number of pages: 2 Posted: 09 Jan 2011 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 504 (71,814)
Citation 1

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conscience clauses, conscientious objection, health care providers, health law

7.

Surrogate Selection: An Increasingly Viable, But Limited, Solution to Intractable Futility Disputes

Saint Louis University Journal of Health Law & Policy, Vol. 3, p. 183, 2010, Widener Law School Legal Studies Research Paper No. 10-09
Number of pages: 71 Posted: 13 Feb 2010 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 432 (86,408)

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Medical Futility, Mediation, End-of-Life, Bioethics, Surrogate, Advance Directives

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paternalism, public health, autonomy, liberty

9.

Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism

Campbell Law Review, Vol. 31, p. 257, Widener Law School Legal Studies Research Paper No. 09-17
Number of pages: 77 Posted: 26 Mar 2009 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 350 (109,884)

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bioethics, ethics committee, ADR, end-of-life, IRB, institutional review board, dispute resolution, conflict of interest, medical futility

10.

Mediation at the End of Life: Getting Beyond the Limits of the Talking Cure

Ohio State Journal on Dispute Resolution, Vol. 23, No. 1, p. 143, 2007, TJSL Legal Studies Research Paper No. 1028186
Number of pages: 53 Posted: 13 Nov 2007 Last Revised: 06 Nov 2013
Thaddeus Mason Pope and Ellen A. Waldman
Mitchell Hamline School of Law and Thomas Jefferson School of Law
Downloads 336 (115,057)

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medical futility, mediation, end-of-life, bioethics

11.

Legal History of Medical Aid in Dying: Physician Assisted Death in U.S. Courts and Legislatures

48 New Mexico Law Review 267-301 (2018)
Number of pages: 36 Posted: 21 Jan 2018 Last Revised: 04 May 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 268 (146,072)

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MAID, Physician Assisted Suicide, Aid In Dying, Assisted Death, End-Of-Life

12.

Is Public Health Paternalism Really Never Justified? A Response to Joel Feinberg

Oklahoma City University Law Review, Vol. 30, pp. 121-207, 2005
Number of pages: 87 Posted: 08 Sep 2006 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 255 (153,509)

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paternalism, public health, Feinberg, liberty, autonomy

13.

Right to Die: The Law of End-of-Life Decisionmaking (Supplement)

Right to Die: The Law of End-of-Life Decisionmaking (3rd ed. Wolters Kluwer 2017 Supp.) ISBN: 9780735546653
Number of pages: 20 Posted: 10 Jan 2017
Alan Meisel, Kathy L. Cerminara and Thaddeus Mason Pope
University of Pittsburgh - School of Law (Emeritus), Nova Southeastern University - Shepard Broad College of Law and Mitchell Hamline School of Law
Downloads 247 (158,460)
Citation 1

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right to die, end-of-life, health law, medical law, informed consent, advance directive, surrogate, POLST, brain death, medical futility, medical aid in dying, assisted suicide

14.

The Maladaptation of Miranda to Advance Directives: A Critique of the Patient Self-Determination Act

Health Matrix: Journal of Law-Medicine, Vol. 9, No. 1, Winter 1999
Number of pages: 64 Posted: 29 Sep 1999 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 244 (160,322)

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15.

Counting the Dragon's Teeth and Claws: the Definition of Hard Paternalism

Georgia State University Law Review, Vol. 20, No. 3, Spring 2004
Number of pages: 52 Posted: 04 Apr 2003 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 209 (185,763)
Citation 4

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paternalism, definition, Dworkin, Feinberg, autonomy

16.

Dispute Resolution Mechanisms for Intractable Medical Futility Disputes

New York Law School Law Review, Vol. 58, p. 347-368 (2013)
Number of pages: 23 Posted: 11 Mar 2013 Last Revised: 15 Jan 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 202 (191,742)

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DNAR, DNR, TADA, do-not-attempt-resuscitation, do-not-resuscitate, non-beneficial treatment, medically futile, medical futility dispute, dialysis, surrogate, end-of-life, in tractable, surrogate replacement, life-sustaining, POLST, Discrimination in Denial of Life Preserving Treatment Act

17.

Brain Death Rejected: Expanding Legal Duties to Accommodate Religious Objections

Expanding Legal Duties to Accommodate Religious Objections to Brain Death, in Law, Religion, and American Healthcare (Cambridge University Press, 2017, Forthcoming), Proceedings from the 2015 Annual Conference, Petrie-Flom Center for Health Policy, Biotechnology, and Bioethics, Harvard Law School.
Number of pages: 11 Posted: 10 Dec 2015 Last Revised: 17 Apr 2016
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 201 (192,632)

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brain death, death, religion, conscientious objection, bioethics

18.

A Conversation About End-of-Life Decisionmaking

NYSBA Health Law Journal Vol. 14, No. 2, 2009, Widener Law School Legal Studies Research Paper No. 10-05
Number of pages: 20 Posted: 12 Jan 2010
Albany Law School, Independent, St. Peter's Health Partners, Mitchell Hamline School of Law and Montefiore Medical Center - Department of Epidemiology and Social Medicine
Downloads 195 (197,872)

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end of life care, bioethics, mediation, medical futility, healthcare, decision making

19.

Unbefriended and Unrepresented: Better Medical Decision Making for Incapacitated Patients Without Healthcare Surrogates

33(4) Georgia State University Law Review 923-1019 (2017)
Number of pages: 98 Posted: 09 May 2017 Last Revised: 16 Aug 2017
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 191 (201,688)

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Unbefriended, Unrepresented, Surrogate, Healthcare Proxy, Guardianship, Public Guardian, Adult Orphan, Capacity, Healthcare Decisions, Substitute Decision-Making

20.

Career Guide for the Future Healthcare Attorney

Health Law Colloquium, Vol. 4, Issue 1, pp. 2-7, 2012
Number of pages: 7 Posted: 22 Dec 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 187 (205,481)

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Career, health lawyer, employment, legal job, healthcare, elder law, risk management, dispute resolution, public health law

21.

The Growing Power of Healthcare Ethics Committees Heightens Due Process Concerns

Cardozo Journal of Conflict Resolution, Vol. 15, No. 2, p. 425-447 (2014).
Number of pages: 24 Posted: 23 Oct 2013 Last Revised: 27 Feb 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 185 (207,494)

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Healthcare Ethics Committees, HEC, healthcare, due process, dispute resolution, mediation, adjudication, end-of-life, death, incapacitated, surrogate, treatment, un-befriended, futility, liability, accountability, ethics, power, bioethics, guardian, life-sustaining treatment

22.

Procedural Due Process and Intramural Hospital Dispute Resolution Mechanisms: The Texas Advance Directives Act

10 SAINT LOUIS UNIVERSITY JOURNAL OF HEALTH LAW & POLICY 93-158 (2017)
Number of pages: 66 Posted: 17 Dec 2016 Last Revised: 08 Mar 2017
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 173 (219,853)

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medical futility, procedural due process, end-of-life, health law, bioethics, advance directive

23.

Comparing the FHCDA to Surrogate Decision Making Laws in Other States

NYSBA Health Law Journal, Vol. 16, No. 1, 2011, Widener Law School Legal Studies Research Paper No. 11-17
Number of pages: 10 Posted: 30 Mar 2011 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 173 (219,853)

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health law, healthcare, health care decisions, surrogates

24.

Responding to Requests for Non-Beneficial Treatment

MD-Advisor: Journal for the New Jersey Community, Vol. 5, No. 1, pp. 12-17, 2012
Number of pages: 9 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 147 (251,852)

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Betancourt v. Trinitas Hospital, healthcare, death, dying, advance directive, end-of-life, surrogate, non-beneficial treatment, medical futility

25.

Texas Advance Directives Act: Nearly a Model Dispute Resolution Mechanism for Intractable Medical Futility Conflicts

QUT Law Review 16(1) (2016): 22-53
Number of pages: 32 Posted: 08 Dec 2015 Last Revised: 12 Mar 2016
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 136 (267,979)
Citation 1

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medical futility, end-of-life, due process, TADA, non-beneficial treatment, bioethics, health law

26.

EMTALA: Its Application to Newborn Infants

ABA Health eSource, Vol. 4, No. 7, 2008
Number of pages: 5 Posted: 18 Apr 2008
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 131 (275,668)

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EMTALA, BAIPA, medical futility, Baby K

27.

Physicians and Safe Harbor Legal Immunity

Annals of Health Law, Vol. 21, p. 121 (ASLME Special Edition, 2012)
Number of pages: 15 Posted: 19 Aug 2011 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 121 (292,365)

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health law, physicians, immunity, safe harbors

28.

Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism

University of Missouri-Kansas City Law Review, Vol. 73, No. 3, pp. 681-713, 2005
Number of pages: 34 Posted: 13 Sep 2004 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 108 (316,737)

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paternalism, consent, autonomy

29.

The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention

PREVENTION VS. TREATMENT: PHILOSOPHICAL, EMPIRICAL AND CULTURAL REFLECTIONS, Chapter 10, Halley S. Faust, Paul T. Menzel, eds., Oxford Univ. Press, 2011, Widener Law School Legal Studies Research Paper No. 11-01
Number of pages: 52 Posted: 05 Jan 2011 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 98 (337,787)

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prevention, health, public health, treatment, health law, ethics, health policy, tort law

30.

Making Medical Decisions for Patients without Surrogates

New England Journal of Medicine Vol. 369, no. 21, 1976-1978 (2013).
Number of pages: 3 Posted: 18 Nov 2013 Last Revised: 28 May 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 97 (340,043)
Citation 1

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advance directives, health care, surrogate, patient, incapacitated, unbefriended, unrepresented, medical decisions, POLST, Physical Orders for Life-Sustaining Treatment, life-sustaining, power of attorney, court-appointed guardian, clinician, supported decision making, due process

31.

Legal Fundamentals of Surrogate Decision Making

Chest, Vol. 141, No. 4, p. 1074-1081 (April 2012)
Number of pages: 8 Posted: 07 Sep 2012 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 93 (349,223)
Citation 1

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Patient autonomy, ethics, self-determination, heathcare, medical, prospective autonomy, directive, power of attorney, surrogate, guardian

32.

The Topography and Geography of U.S. Health Care Regulation

Journal of Law, Medicine & Ethics, Vol. 38, No. 2, pp. 427-432
Number of pages: 14 Posted: 12 May 2010 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 93 (349,223)

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Health Care, Health Law, Regulation

33.

Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care: An Introduction to the Symposium

Hamline Law Review, Vol. 36, No. 2, p. 139-150 (2013).
Number of pages: 12 Posted: 21 Jun 2013 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 88 (361,541)

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Minnesota, MN, ethics, health law, end-of-life, medical, POLST, guardian, surrogate, medical futility, death, dying, physician, hospital, patient

34.

Reuniting Human Rights and Bioethics to Address End-of-Life Medical Futility Disputes

Number of pages: 5 Posted: 25 May 2010
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 86 (366,724)

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bioethics, human rights, end of life, health law, medical futility

35.

2008-2009 National Health Law Moot Court Competition

Journal of Legal Medicine, Vol. 30, No. 4, 2009
Number of pages: 24 Posted: 09 Jan 2009 Last Revised: 06 Nov 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 84 (372,021)

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medical futility, ethics committee, end- of-life, procedural due process, state action, constitutional law, moot court, Texas Advance Directives Act

36.

Medical Futility and Maryland Law

Mid-Atlantic Ethics Committee Newsletter, Vol. 19, pp. 1-3, 2011
Number of pages: 3 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 83 (374,635)

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medical futility, Maryland law, end-of-life, state health law, Maryland’s Health Care Decisions Act, HCDA, health care, Maryland Healthcare Ethics Committee Network

37.

Clinical Criteria for Physician Aid in Dying

Journal of Palliative Medicine 19(3): 259-262 (2016), Indiana University Robert H. McKinney School of Law Research Paper No. 2015-49
Number of pages: 11 Posted: 08 Dec 2015 Last Revised: 30 Dec 2016
David Orentlicher, Thaddeus Mason Pope and Ben A. Rich
University of Nevada, Las Vegas, William S. Boyd School of Law, Mitchell Hamline School of Law and University of California, Davis
Downloads 82 (377,328)
Citation 1

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aid-in-dying, AID, death with dignity, physician-assisted suicide, end-of-life, bioethics

38.

Ethical and Legal Obligations of Hospice Staff When Their Patients Receive Aid in Dying

Number of pages: 8 Posted: 10 Oct 2013
Thaddeus Mason Pope and David J. Casarett
Mitchell Hamline School of Law and University of Pennsylvania Medical School
Downloads 81 (380,117)

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Greenwall Foundation, bioethics, public health, health, public policy, hospice, death, dying, ethics, suicide, patient, health care, obligations, CHOICE, NHPCO, NHWG

39.

POLST Legislative Guide

National POLST Paradigm Task Force, 2014
Number of pages: 28 Posted: 01 Mar 2014
Independent, Independent, Mitchell Hamline School of Law, Independent, OHSU - National POLST Paradigm and Independent
Downloads 79 (385,686)

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Physician Orders for Life-Sustaining Treatment, POLST, physician, dying, NPPTF, legislative, end-of-life, legal, barrier, authorized surrogate, surrogate, health care agent, guardian, Advance Directive, medical, patient, health law, CPR, medical intervention, DNR, MOLST, MOST, hospital, death

40.

Medical Aid in Dying: When Legal Safeguards Become Burdensome Obstacles

ASCO Post, December 25, 2017
Number of pages: 4 Posted: 31 May 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 74 (400,223)

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Medical Aid in Dying, MAID, Death with Dignity, Assisted Suicide, End-of-Life Options

41.

Limiting Liberty to Prevent Obesity: Justifiability of Strong Hard Paternalism in Public Health Regulation

Connecticut Law Review, Vol. 46, p. 1859-1876 (2014).
Number of pages: 18 Posted: 12 Nov 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 70 (412,507)

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liberty, obesity, fat, overweight, paternalism, public health regulation, political, regulatory, Friedman

42.

Judicial Responsibility to Decide Bioethics Cases

Journal of Bioethical Inquiry, Vol. 10, No. 4 (2013 Forthcoming)
Number of pages: 4 Posted: 28 Sep 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 65 (428,997)

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bioethics, bioethical, life-saving, dispute, precedential value, appellate court, moot cases, medical futility, mature minors, Roe v. Wade, Sheila W., aplastic anemia, controversy, judicial, judge, Gableman, Betancounrt v. Trinitas Hospital, emotional

43.

Bioethics Backlash: Implications of the Retreat from Autonomy for the Communication of Scientific Health Information

Widener Law School Legal Studies Research Paper No. 10-41
Number of pages: 8 Posted: 24 May 2010 Last Revised: 20 Feb 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 65 (428,997)

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informed consent, autonomy, health information, health law, bioethics, medical information

44.

Patient Decision Aids Improve Patient Safety and Reduce Medical Liability Risk

74 Maine Law Review (Forthcoming 2022)
Number of pages: 30 Posted: 28 Apr 2021
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 64 (432,441)

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PDA, patient decision aid, medical malpractice, informed consent, PDA, shared decision making, SDM, patient safety

45.

How to Respond to a Patient's Discriminatory Request for a Different Clinician

ASCO Post (April 10, 2018)
Number of pages: 9 Posted: 21 Jun 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 64 (432,441)

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invidious discrimination, bias, Title VII, racist, bigoted

46.

Video Advance Directives: Growth and Benefits of Audiovisual Recording

SMU Law Review, Vol. 73, No. x, 2020
Number of pages: 29 Posted: 13 Mar 2020
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 60 (446,457)

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living will, advance directive, video, advance care planning, informed consent

47.

Legal Duties of Clinicians When Terminally Ill Patients with Cancer or Their Surrogates Insist on ‘Futile’ Treatment

ASCO Post (March 10, 2018)
Number of pages: 8 Posted: 06 Jun 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 55 (465,071)

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medical futility, non-beneficial treatment, end-of-life

48.

Foreword: Symposium: Health Law and the Elderly: Managing Risk at the End of Life

Widener Law Review, Vol. 17, No. 2, pp. 1-7, 2011
Number of pages: 10 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 55 (465,071)

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health law, health care, elderly, death, dying, end of life, MOLST, advance care planning, hospice, organ donation, DNR, advance directives, palliative care, VSED

49.

Health Law and the Elderly: Managing Risk at the End of Life: An Introduction to the Symposium

Widener Law Review, Vol. 17, No. 2, 2011
Number of pages: 10 Posted: 11 Jul 2011
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 53 (472,844)

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end of life, healthcare, elderly, health law

50.

Parental Treatment Refusals: What Your Responsibilities Are When Mom and Dad Decline Cancer Treatment for a Child

ASCO Post (July 25, 2019)
Number of pages: 8 Posted: 31 Jul 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 52 (476,814)

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best interest, faith healing, parental refusal, surrogate, pediatrics, cancer treatment, child neglect, child abuse

51.

Responsive Yet Independent: Fixing the Corruption of Hospital Ethics Committees

Number of pages: 7 Posted: 03 Jul 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 50 (485,040)

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Hospital ethics, ethics, corruption, end-of-life, HEC, healthcare ethics committees, physician, futility disputes, surrogate, patient, gate-keeping, unbefriended, MI-HEC, multi-institutional ethics committee

52.

The Government's Duty to Preserve in False Claims Act Litigation

American Health Lawyers Association (AHLA) Healthcare Liability and Litigation Practice (HCLL) Health Briefs e-Newsletter, October 2012
Number of pages: 2 Posted: 07 Nov 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 48 (493,442)

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electronically stored information, ESI, False Claims Act, Baker v. Community Health Systems, spoliation sanction, AHLA, discovery, litigation hold, healthcare fraud

53.

Medical Aid in Dying: Key Variations Among U.S. State Laws

14(1) Journal of Health and Life Sciences Law 25-59 (2020)
Number of pages: 39 Posted: 09 Feb 2021 Last Revised: 18 May 2021
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 47 (497,831)

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MAID, medical aid in dying, euthanasia, death with dignity, end of life, assisted suicide, voluntary assisted dying, end of life options act

54.

Health-Care Fraud Prosecutions Are on the Rise – Here’s What Oncologists Need to Know to Avoid Unwittingly Committing Health-Care Fraud

ASCO POST (March 10, 2019)
Number of pages: 6 Posted: 04 Apr 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 46 (502,236)

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healthcare fraud, oncology, false claims act

55.

MOLST: A Cure for the Common Advance Directive

Delaware Nurses Association Reporter, Vol. 35, No. 4, pp. 6, 2010-2011
Number of pages: 10 Posted: 27 Feb 2012
Thaddeus Mason Pope and Monyeen Klopfenstein
Mitchell Hamline School of Law and affiliation not provided to SSRN
Downloads 46 (502,236)

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MOLST, Delaware, advance directive, PACD, CPR, Personalize Your Care Act, H.R. 5795

56.

Philosopher’s Corner: Medical Futility

Mid-Atlantic Ethics Committee Newsletter, Vol. 15, pp. 6-7, 2007
Number of pages: 3 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 45 (506,627)

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bioethics, medically futile, medical futility, end-of-life, life-sustaining medical treatment, LSMT, surrogate, physiologically futile interventions, quantitatively futile interventions, healthcare

57.

Should You Become an Expert Witness in a Legal Proceeding? Here Are the Pros and Cons

ASCO Post (August 25, 2019)
Number of pages: 7 Posted: 15 Sep 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 44 (511,111)

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expert witness, oncologist, expert consultant

58.

Introduction: Voluntarily Stopping Eating and Drinking

Narrative Inquiry Bioethics 2016;6(2):75-77
Number of pages: 7 Posted: 10 Jan 2017
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 44 (511,111)

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VSED, voluntarily stopping eating an drinking, right to die, dehydration, end-of-life

59.

Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act

The Journal of Law, Medicine & Ethics, 47 S4 (2019): 9-24.
Number of pages: 16 Posted: 22 Apr 2020
University of Virginia School of Law, New York University (NYU) - Grossman School of Medicine, Mitchell Hamline School of Law, Lurie Childrens, affiliation not provided to SSRN, affiliation not provided to SSRN, affiliation not provided to SSRN and affiliation not provided to SSRN
Downloads 41 (525,005)

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brain death, UDDA

60.

Firing Your Patient: How to Terminate a Treatment Relationship

ASCO Post (September 10, 2019)
Number of pages: 7 Posted: 27 Sep 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 39 (534,676)

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treatment relationship, abandonment, opioid

61.

Curbside Consults: New Liability Risks to Avoid When You Are Not a Patient’s Physician

ASCO POST (June 25, 2019)
Number of pages: 6 Posted: 03 Jul 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 38 (539,755)

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treatment relationship, medical malpractice, foreseeability, duty, torts, curbside consult, informal consult

62.

Why Oncologists Should Decline to Participate in the Right to Try Act

ASCO Post (August 10, 2018)
Number of pages: 10 Posted: 28 Aug 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 37 (544,754)

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Right to Try, FDA, Drugs, Pharmaceutical, Experimental, IRB

63.

The Patient and Family Treatment Choice Rights Act of 2011, H.B. 3520: Written Testimony to the Human Services Committee of the Texas House of Representatives on April 12, 2011

Texas House of Representatives, H.B. 3520, Forthcoming
Number of pages: 8 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 36 (549,958)

Abstract:

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written testimony, H.R. 3520, treat until transfer, Human Services Committee, end-of-life, health and safety code, advance directive, medically inappropriate, medically futile, due process, Emilio Gonzales, Texas Advance Directives Act

64.

Physician Power to Declare Death by Neurologic Criteria Threatened

Neurocritical Care 2017 Jun;26(3):446-449
Number of pages: 4 Posted: 26 Jun 2017
Ariane Lewis and Thaddeus Mason Pope
New York University (NYU) - Grossman School of Medicine and Mitchell Hamline School of Law
Downloads 35 (555,217)

Abstract:

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Brain death, Death by neurologic criteria, Medicolegal, UDDA

65.

Resolving Medical Futility Disputes

Delaware Nurses Association, Vol. 36, No. 2, pp. 6, 2011
Number of pages: 11 Posted: 27 Feb 2012
Thaddeus Mason Pope and Donna Casey
Mitchell Hamline School of Law and affiliation not provided to SSRN
Downloads 34 (560,582)

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end-of-life, medical futility, healthcare, surrogate, death, dying, physiologic futility, non-beneficial, Delaware Health Care Decisions, DHCD

66.

Medical Futility: Institutional and Legislative Initiatives

U.S. President's Council on Bioethics, September 12, 2008
Number of pages: 14 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 31 (577,118)

Abstract:

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medical initiative, institutional initiative, legislative initiative, futility dispute, safe harbor, health care

67.

Five Things Clinicians Should Know When Caring for Unrepresented Patients

21(7) AMA Journal of Ethics E582-E586
Number of pages: 5 Posted: 01 Aug 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 29 (588,850)

Abstract:

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unbefriended, unrepresented, surrogate, proxy, advance care planning, capacity, healthcare decision-making

68.

An Official ATS/AACN/ACCP/ESICM/SCCM Policy Statement: Responding to Requests for Potentially Inappropriate Treatments in Intensive Care Units

American Journal of Respiratory and Critical Care Medicine 191(11) (2015): 1318-30
Number of pages: 13 Posted: 13 Jan 2016
Indiana University - School of Medicine, Mitchell Hamline School of Law, Sunnybrook Health Sciences Centre, Independent, Harvard University - Harvard Medical School, Johns Hopkins University - Berman Institute of Bioethics, University of Washington, School of Medicine, Harborview Medical Center, Cambia Palliative Care Center of Excellence, Medical University of South Carolina, Independent, University of Toronto, Independent, Independent, Baylor College of Medicine, University of Florida, University of Chicago, Independent, Government of the United States of America - Navy, University of Pittsburgh - Medical Center (UPMC) and University of Pittsburgh
Downloads 29 (588,850)
Citation 3

Abstract:

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conflict resolution, end-of-life care, ethics committees, futility, shared decision making

69.

Quality of Life in Legal Perspective

Encyclopedia of Bioethics, 4th ed., Jennings ed., Macmillan Reference, 2013 Forthcoming
Number of pages: 1 Posted: 07 Sep 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 27 (601,235)

Abstract:

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quality of life, surrogate, ill, death, dying

70.

Why Should We See Brain Death as Socially Situated?

22(12 AMA JOURNAL OF ETHICS E983-985 (December 2020)
Number of pages: 5 Posted: 12 Feb 2021
Thaddeus Mason Pope and Ariane Lewis
Mitchell Hamline School of Law and New York University (NYU) - Grossman School of Medicine
Downloads 25 (614,364)

Abstract:

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death, brain death, UDDA

71.

New Regulations Require Better Communication With Patients Who Have Disabilities and Limited English Proficiency

ASCO Post (January 25, 2019)
Number of pages: 9 Posted: 16 Feb 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 24 (621,250)

Abstract:

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LEP, Section 1557, Limited English Proficiency, Deaf, Informed Consent, Nondiscrimination, Civil Rights

72.

Foreword to Stanley A. Terman, Peaceful Transitions: An Ironclad Strategy to Die How and When You Want

Life Transitions, 2011
Number of pages: 2 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 24 (621,250)

Abstract:

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advance care planning, ACP, natural dying advance directive, natural dying physician’s orders, NDAD, NDPO, death, dying, Alzheimer’s, dementia

73.

Informed Consent and the Oncologist: Legal Duties to Discuss Costs of Treatment

ASCO Post (November 25, 2017)
Number of pages: 4 Posted: 21 Jun 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 22 (635,172)

Abstract:

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informed consent, medical malpractice, torts, costs

74.

An Official American Thoracic Society Policy Statement: Managing Conscientious Objections in Intensive Care Medicine

Am J Respir Crit Care Med. 2015 Jan 15;191(2):219-27
Number of pages: 9 Posted: 26 Mar 2015 Last Revised: 10 Dec 2015
Seattle Children's Hospital, West Virginia University - Department of Philosophy, Mitchell Hamline School of Law, Johns Hopkins University - Berman Institute of Bioethics, Duke University - School of Medicine, University of Washington - School of Medicine, Independent, University of Wisconsin - Milwaukee, Wayne State University, Independent, Independent, Yale University, Independent, Rutgers University, New Brunswick - Robert Wood Johnson Medical School, Wayne State University, Department of Internal Medicine (Pulmonary, Critical Care & Sleep Medicine), Yale School of Medicine, University of Pennsylvania - Perelman School of Medicine, Department of Medicine, Harvard University - Harvard Medical School and University of Pittsburgh
Downloads 22 (635,172)

Abstract:

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conscience, intensive care, ICU

75.

Rethinking Medical Liability: A Challenge to Defense Lawyers, Trial Lawyers, Medical Providers, and Legislators: An Introduction to the Symposium

University of Memphis Law Review, Vol. 37, pp. 455-458, 2007
Number of pages: 4 Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 21 (642,244)

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medical liability, death, dying, healthcare, POMETHEUS payment, P4P, ADR

76.

Lessons from Tragedy: Part Two

Widener Law Review, Vol. 19, p. 239-258, 2013
Number of pages: 20 Posted: 05 Jul 2013
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 20 (649,308)

Abstract:

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ethics, Bradley Case, Barbieri, James Collins, Steven Cook, Gina Maisto Smith, medical reporting system, tragedy, health law, end-of-life, Medical Practice Act, health code, mandatory reporting, gate-keeping, health care, Megan Law

77.

New Laws Limiting Opioid Prescriptions Create Undue Barriers for Patients With Cancer and Cancer Survivors

ASCO POST (September 25, 2018)
Number of pages: 9 Posted: 05 Nov 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 19 (656,507)

Abstract:

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opioid, cancer, oncology

78.

Providing Cancer Treatment Without Patient Consent

ASCO Post (February 25, 2018)
Number of pages: 3 Posted: 11 Jun 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 15 (685,747)

Abstract:

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unrepresented, unbefriended, surrogate, capacity

79.

Full Disclosure: What Oncologists Must Tell Patients About Their Experience and Training

ASCO Post (April 10, 2019)
Number of pages: 5 Posted: 20 May 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 14 (693,499)

Abstract:

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informed consent, medical malpractice, shared decision making

80.

Brain Death and the Law: Hard Cases and Legal Challenges

Hastings Center Report 48(6): S46-S48 (Nov/Dec 2018)
Number of pages: 3 Posted: 13 Feb 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 14 (693,499)

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Brain Death, Jahi McMath, Death, Clinical Ethics, Bioethics, Health Law

81.

'Do You Want Everything Done?': Clarifying Code Status

AHRQ PSNet (December 2019)
Number of pages: 14 Posted: 09 Apr 2020
Karl Steinberg and Thaddeus Mason Pope
California State University, San Marcos and Mitchell Hamline School of Law
Downloads 13 (701,293)

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dnr, advance directive, surrogate

82.

Expanding the Use of Provider Orders for Life-Sustaining Treatment for Patients with Advanced Cancer

ASCO Post (September 10, 2018)
Number of pages: 9 Posted: 09 Oct 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 13 (701,293)

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POLST, Advance Care Planning, Advance Directive, Provider Orders for Life-Sustaining Treatment

83.

Decision Aids Reflect Patients’ Values and Preferences for Care: So Why Aren't More Oncologists Using Them?

ASCO Post (May 10, 2018)
Number of pages: 7 Posted: 11 Jun 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 11 (716,982)

Abstract:

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informed consent, decision aids, shared decision making, oncology, cancer

84.

Resolving End-of-Life Treatment Conflicts: Comparing the COP in England to Analogous Mechanisms in Ontario, California, and Texas

Open Justice Court of Protection Project (June 23, 2021)
Number of pages: 10 Posted: 08 Sep 2021
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 10 (724,845)

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Court of Protection, Ontario Consent and Capacity Board, CCB, Texas Advance Directives Act, procedural due process

85.

Making Medical Treatment Decisions for Unrepresented Patients in the ICU: An Official American Thoracic Society/American Geriatrics Society Policy Statement

201(10) American Journal of Respiratory & Critical Care Medicine 1182-1192 (2020) https://doi.org/10.1164/rccm.202003-0512ST
Posted: 23 Feb 2021
Mitchell Hamline School of Law, University of Pittsburgh, University of North Carolina (UNC) at Chapel Hill, University of North Carolina (UNC) at Chapel Hill, University of California, San Diego (UCSD), Yale University, University of Chicago - MacLean Center for Clinical Medical Ethics, affiliation not provided to SSRN, Kaiser Permanente, Florida State University - College of Law and College of Medicine, Independent, Stanford University - Stanford Center for Biomedical Ethics (SCBE), University of Washington, University of Washington, Department of Internal Medicine (Pulmonary, Critical Care & Sleep Medicine), Yale School of Medicine, University of Vermont, University of California, San Francisco (UCSF), University of Maryland Francis King Carey School of Law, Case Western Reserve University, West Virginia University - Department of Philosophy and University of California, San Francisco (UCSF)

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substituted judgment; surrogate; unrepresented; adult orphan; patient without advocate

86.

Hospital Mergers and Conscience-Based Objections — Growing Threats to Access and Quality of Care

382(15) NEW ENGLAND JOURNAL OF MEDICINE 1388 (April 9, 2020)
Posted: 21 May 2020
Thaddeus Mason Pope and Ian Wolfe
Mitchell Hamline School of Law and University of Missouri at Kansas City - Children's Mercy Hospitals and Clinics

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conscience-based objection, conscience clause, conscience regulations, Centura, Catholic healthcare

87.

It's Time to Revise the Uniform Determination of Death Act

Annals of Internal Medicine 2020;172(2):143-144
Posted: 06 Mar 2020
Thaddeus Mason Pope
Mitchell Hamline School of Law

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brain death, UDDA

88.

Informed Consent Requires Understanding: Complete Disclosure Is Not Enough

American Journal of Bioethics, 19:5, 27-28 (2019), DOI: 10.1080/15265161.2019.1587549
Posted: 11 Jun 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law

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informed consent, patient decision aid, shared decision making, PDA, SDM

89.

Whether, When, and How to Honor Advance VSED Requests for End-Stage Dementia Patients

American Journal of Bioethics, 19(1): 90–97, 2019
Posted: 14 Feb 2019
Thaddeus Mason Pope
Mitchell Hamline School of Law

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VSED, End-Of-Life, Advance Directive, Voluntary Dehydration, Exit Option, Dementia

90.

The 50-Year Legacy of the Harvard Report on Brain Death

JAMA. Published online June 7, 2018. doi:10.1001/jama.2018.6990
Posted: 25 Jun 2018
Thaddeus Mason Pope, Robert D. Truog and David Shumway Jones
Mitchell Hamline School of Law, Harvard University - Harvard Medical School and Harvard University - Harvard Medical School

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brain death, death, UDDA, organ transplantation

91.

Voluntarily Stopping Eating and Drinking Among Patients with Serious Advanced Illness-Clinical, Ethical, and Legal Aspects.

JAMA Intern Med. 178(1):123-127.
Posted: 31 May 2018
Thaddeus Mason Pope, Robert D. Truog, Timothy Quill and Linda Ganzini
Mitchell Hamline School of Law, Harvard University - Harvard Medical School, Independent and Oregon Health and Science University

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VSED, voluntary dehydration, end of life, exit option

92.

Medical Futility and Potentially Inappropriate Treatment: Better Ethics With More Precise Definitions and Language

Perspectives in Biology & Medicine, 2018;60(3):423-427
Posted: 31 May 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law

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Medical Futility, Non-Beneficial Treatment, Qualitative Futility, Quantitative Futility, Charlie Gard

93.

Brain Death Forsaken: Growing Conflict and New Legal Challenges

37(3-4) Journal of Legal Medicine 265-324 (2017) (published Feb. 23, 2018)
Posted: 26 Jun 2017 Last Revised: 23 Feb 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law

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brain death, informed consent, medical futility, health law

94.

Legal Briefing: Unwanted Cesareans and Obstetric Violence

The Journal of Clinical Ethics, Vol. 28, No. 2, p. 163-73, Summer 2017
Posted: 19 Jun 2017
Thaddeus Mason Pope
Mitchell Hamline School of Law

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Cesarean, Battery, Informed Consent, Obstetric Violence

95.

TRIAD VIII: Nationwide Multicenter Evaluation to Determine Whether Patient Video Testimonials Can Safely Help Ensure Appropriate Critical versus End-of-Life Care

Journal of Patient Safety: Volume 13, Issue 2, p. 51–61, June 2017
Posted: 19 Jun 2017
University of Pittsburgh - Medical Center (UPMC), Independent, Allegheny Health Network - Allegheny General Hospital, Stanford University, Mitchell Hamline School of Law, Caring Advocates, Independent, Independent, Northwestern University, Stanford University, University of Pittsburgh - Medical Center (UPMC), Temple University, Temple University, Independent, Independent, Independent, Independent and Independent

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POLST, Advance Directive, Living Will, Video

96.

Certified Patient Decision Aids: Solving Persistent Problems with Informed Consent Law

Journal of Law, Medicine and Ethics, Vol. 45, No. 1, 2017
Posted: 24 Apr 2017
Thaddeus Mason Pope
Mitchell Hamline School of Law

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informed consent, medical malpractice, patient decision aid, shared decision making

97.

Reason-Giving and Medical Futility: Contrasting Legal and Social Discourse in the United States with the United Kingdom and Ontario, Canada

Chest. 2016 Sep; 150(3): 714-21
Posted: 31 Dec 2016
Thaddeus Mason Pope, Gabriel Bosslet and Mary Baker
Mitchell Hamline School of Law, Indiana University - School of Medicine and Sentara Healthcare

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medical futility, end-of-life, non-beneficial treatment, autonomy, informed consent, transparency

98.

Legal Briefing: Stopping Nonbeneficial Life-Sustaining Treatment Without Consent

Journal of Clinical Ethics 2016 Fall; 27(3): 254-264
Posted: 31 Dec 2016
Thaddeus Mason Pope and Kristin Kemmerling
Mitchell Hamline School of Law and Mitchell Hamline School of Law

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medical futility, end-of-life, non-beneficial treatment, autonomy, informed consent, medical malpractice

99.

Legal Briefing: Mandated Reporters and Compulsory Reporting Duties

27(1) Journal of Clinical Ethics (Spring 2016)
Posted: 26 Mar 2016
Thaddeus Mason Pope
Mitchell Hamline School of Law

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health law, healthcare, mandatory reporting, child abuse, elder abuse, bioethics, compulsory reporting, mandated reporter

100.

Prospective Autonomy and Dementia: Ulysses Contracts for VSED

Journal of Bioethical Inquiry 12(3) (2015): 389-94
Posted: 08 Dec 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law

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VSED, VRFF, end-of-life, bioethics, dehydration

101.

The Texas Advance Directives Act: Must a Death Panel Be a Star Chamber?

American Journal of Bioethics, 15(8) (2015): 41-43
Posted: 08 Dec 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law

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TADA, medical futility, due process, non-beneficial treatment, bioethics

102.

Legal Briefing: Adult Orphans and the Unbefriended: Making Medical Decisions for Unrepresented Patients Without Surrogates

Journal of Clinical Ethics 26(2) (2015): 180-188
Posted: 08 Dec 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law

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surrogate, capacity, unbefriended, unrepresented, bioethics, end-of-life, guardian, conservator

103.

Legal Briefing: Medicare Coverage of Advance Care Planning

Journal of Clinical Ethics 26(4) (2015)
Posted: 08 Dec 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law

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advance care planning, advance directive, POLST, end-of-life, bioethics, Medicare, CMS

104.

Brain Death: Legal Obligations and the Courts

Seminars in Neurology, Vol. 35, No. 2, p. 174, April 2015
Posted: 12 Apr 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law

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brain death, end-of-life, death, UDDA

105.

Legal Briefing: Coerced Treatment and Involuntary Confinement for Contagious Disease

J Clin Ethics, Spring; 26(1):73-83, 2015
Posted: 26 Mar 2015
Thaddeus Mason Pope and Heather Bughman
Mitchell Hamline School of Law and Hamline University School of Law

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Public health, health law, contagious, due process, Ebola, tuberculosis, quarantine, isolation

106.

Legal Briefing: Brain Death and Total Brain Failure

Journal of Clinical Ethics, Vol. 25, No. 3, p. 245-257 (2014)
Posted: 17 Sep 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

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Brain failure, brain dead, brain death, DDNC, clinician, doctor, patient, physiological support, medical futility, hospital, death, neurological, emotional distress, negligent, intentional, pregnancy, medical, life-sustaining, treatment, UDDA, immunity, dispute resolution

107.

Legal Briefing: Informed Consent in the Clinical Context

Journal of Clinical Ethics, Vol. 25, No. 2, p. 1 (Summer 2014)
Posted: 04 Jun 2014 Last Revised: 20 Sep 2014
Thaddeus Mason Pope and Melinda Hexum
Mitchell Hamline School of Law and Hamline University - School of Law

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bioethics, informed consent, clinical ethics, medical malpractice, liability, enforcement, anti-discrimination, end-of-life, mandated disclosures, aid in dying, abortion, telemedicine, censorship laws, clinicians, misdiagnosis, negligence, tort, duty of disclosure, physician, patient

108.

The Changing Legal Climate for Physician Aid in Dying

JAMA, Vol. 311, Number 19, p. 1961-1962 (2014), Indiana University Robert H. McKinney School of Law Research Paper No. 2014-24
Posted: 23 May 2014 Last Revised: 22 Jul 2014
David Orentlicher, Thaddeus Mason Pope and Ben A. Rich
University of Nevada, Las Vegas, William S. Boyd School of Law, Mitchell Hamline School of Law and University of California, Davis

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aid in dying, assisted suicide, active euthanasia, death with dignity, life-sustaining, physician aid, dying, death, end-of-life, patient, mentally competent, terminally ill, Quinlan, doctor, death panels, quality of life

109.

Legal Briefing: Voluntarily Stopping Eating and Drinking

Journal of Clinical Ethics, Vol. 25, No. 1 (2014)
Posted: 01 Mar 2014 Last Revised: 01 Jul 2014
Thaddeus Mason Pope and Amanda West
Mitchell Hamline School of Law and Independent

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Legal Briefing, VSED, voluntarily stopping eating, voluntarily stopping drinking, eat, drink, hospice, healthcare, bioethics, legality, oral nutrition, medical treatment, patient, death, dying, Margot Bentley, ethics

110.

Legal Briefing: Home Birth and Midwifery

Journal of Clinical Ethics, Vol. 24, No. 3, p. 293 (2013).
Posted: 28 Sep 2013 Last Revised: 01 Jul 2014
Thaddeus Mason Pope and Deborah Fisch
Mitchell Hamline School of Law and Independent

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legal briefing, home birth, birth, pregnant, prenatal care, midwife, midwives, non-nurse, DEM licensure, medicaid coverage, baby, certified nurse

111.

Legal Briefing: The New Patient Self-Determination Act

Journal of Clinical Ethics, Vol. 24, No. 2 (Summer 2013)
Posted: 25 Jun 2013 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

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Legal Briefing, clinical ethics, ethics, bioethics, Patient Self-Determination Act, PSDA, Cruzan, Personalize Your Care Act, regulations, health care, healthcare

112.

Legal Briefing: Shared Decision Making and Patient Decision Aids

Journal of Clinical Ethics, Vol. 24, No.1, pp. 70-80, Spring 2013
Posted: 06 Mar 2013 Last Revised: 01 Jul 2014
Thaddeus Mason Pope and Melinda Hexum
Mitchell Hamline School of Law and Hamline University - School of Law

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bioethics, biomedical, patient decision aids, decision aids, Patient and Protection and Affordable Care Act, ACA, liability, informed consent, preference sensitive treatment, accountable care organization, prima facie, physical, medical malpractice

113.

Legal Briefing: POLST: Physician Orders for Life-Sustaining Treatment

Journal of Clinical Ethics, Vol. 23, No. 4, p. 353-376, 2012
Posted: 11 Jan 2013 Last Revised: 01 Jul 2014
Thaddeus Mason Pope and Melinda Hexum
Mitchell Hamline School of Law and Hamline University - School of Law

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POLST, physician orders, life-sustaining, patient, surrogate, incapacitated, healthcare, electronic registries, international adoption, MOLST, advance directive, end-of-life, DNR order

114.

Medical Futility (Chapter 12 in Guidance for Healthcare Ethics Committees)

Guidance for Healthcare Ethics Committees, D. Micah Hester and Toby Schonfeld, eds., Cambridge, Ch. 12 (2012).
Posted: 07 Sep 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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healthcare, health, ethics, HEC, death, dying, medical futility

115.

Legal Briefing: The Unbefriended: Making Healthcare Decisions for Patients without Surrogates (Part 2)

Journal of Clinical Ethics, Vol. 23, No. 2, 177-192, 2012
Posted: 07 Sep 2012 Last Revised: 06 Nov 2013
Thaddeus Mason Pope and Tanya Sellers
Mitchell Hamline School of Law and Independent

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Unbefriended, surrogate, bioethics consultation, elderly, guardians, medical, death, dying, health

116.

Legal Briefing: The Unbefriended: Making Healthcare Decisions for Patients without Surrogates (Part 1)

Journal of Clinical Ethics, Vol. 23, No. 1, 84-96 (2012).
Posted: 07 Sep 2012 Last Revised: 01 Jul 2014
Thaddeus Mason Pope and Tanya Sellers
Mitchell Hamline School of Law and Independent

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Unbefriended, bioethics consultations, elderly, health, medical, dying, death, guardians

117.

Facebook Can Improve Surrogate Decision Making

American Journal of Bioethics, Vol. 12, No. 10, p. 43-45, (2012)
Posted: 07 Sep 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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Surrogate, social media, technology, healthcare, death, dying, unbefriended, advance care planning, advance directive, Facebook, prospective autonomy, power of attorney, nursing homes, incapacitated

118.

Patient Rights (Chapter in Oxford Textbook of Critical Care)

Oxford Textbook of Critical Care; Webb, Angus, Finfer, Gattioni, & Singer, eds.; Oxford University Press 2013, Forthcoming
Posted: 07 Sep 2012
Thaddeus Mason Pope and Douglas White
Mitchell Hamline School of Law and affiliation not provided to SSRN

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Patient rights, clinician rights, medical, healthcare

119.

Social Contract Theory, Slavery, and the Antebellum Courts

COMPANION TO AFRICAN-AMERICAN PHILOSOPHY, pp. 125-133, T. L. Lott, J. P. Pittman, eds., Malden, MA: Blackwell, 2003
Posted: 27 Feb 2012
Thaddeus Mason Pope and Anita L. Allen
Mitchell Hamline School of Law and University of Pennsylvania Law School

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social contract, slavery, antebellum courts, contractarian, discrimination, Constitution, ethics

120.

Introduction: Caring for the Seriously Ill: Cost and Public Policy

Journal of Law, Medicine and Ethics, Vol. 39, No. 2, p. 111-113, 2011
Posted: 27 Feb 2012
Thaddeus Mason Pope, Amber E. Barnato and Bob Arnold
Mitchell Hamline School of Law, affiliation not provided to SSRN and affiliation not provided to SSRN

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Ill, elderly, treatment, advance directives, dying, death, POLST, health care, NICU, MICU, end-of-life

121.

The Courts, Futility, and the Ends of Medicine

Journal of the American Medical Association, Vol. 307, No. 2, pp. 151-152, 2012
Posted: 27 Feb 2012
Thaddeus Mason Pope and Douglas White
Mitchell Hamline School of Law and affiliation not provided to SSRN

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medicine, death, dying, advance directives, Betancourt v Trinitas hospital, healthcare, end of life, life-sustaining, medical futility

122.

Review of Lawrence J. Schneiderman and Nancy S. Jecker, Wrong Medicine: Doctors, Patients, and Futile Treatment

American Journal of Bioethics, Vol. 12, No. 1, pp. 49-51, 2012
Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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review, wrong medicine, Schneiderman, Jecker, death, dying, end-of-life, medical futility, CPR, Uniform Healthcare Decisions Act, UHCDA

123.

Legal Briefing: Medically Futile and Non-Beneficial Treatment

Journal of Clinical Ethics, Vol. 22, No. 3, pp. 277-296, 2011
Posted: 27 Feb 2012 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

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medical futility, non-beneficial treatment, death, dying, healthcare, surrogate, advance directives, brain-death, futile treatment

124.

The Best Interest Standard: Both Guide and Limit to Medical Decision Making On Behalf of Incapacitated Patients

Journal of Clinical Ethics, Vol. 22, No. 2, pp. 134-138, 2011
Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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best interest standard, clincians, parental, parents, harm principle

125.

The Case of Samuel Golubchuk: The Dangers of Judicial Deference and Medical Self-Regulation

American Journal of Bioethics, Vol. 10, No. 3, pp. 59-61, 2010
Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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Golubchuk, autonomy, futility disputes, religion, Betancourt, Trinitas Hospital, surrogate, death, dying

126.

Restricting CPR to Patients Who Provide Informed Consent Will Not Permit Physicians to Unilaterally Refuse Requested CPR

American Journal of Bioethics, Vol. 10, No. 1, pp. 82-83, 2010
Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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CPR, cardiopulmonary resuscitation, hospital, healthcare, ACLS, surrogate, statutorily mandated, DNAR, UK, United Kingdom

127.

Multi-Institutional Hospital Ethics Committees: For Rural Hospitals, and Urban Ones Too

American Journal of Bioethics, Vol. 8, No. 4, pp. 69-71, 2008
Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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bioethics, rural health, health services, healthcare, community health, medical care, ethics, urban health, MI-HEC, teleethics

128.

My Bioethics Education at Georgetown

American Journal of Bioethics, Vol. 2, No. 4, pp. 36-37, 2002
Posted: 27 Feb 2012
Thaddeus Mason Pope
Mitchell Hamline School of Law

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bioethics, universities, colleges, graduate work, Georgetown University

129.

Legal Briefing: Crisis Standards of Care and Legal Protections During Disasters and Emergencies

Journal of Clinical Ethics, Vol. 21, No. 4, pp. 358-367, Winter 2010
Posted: 06 Apr 2011 Last Revised: 01 Jul 2014
Thaddeus Mason Pope and Mitch F. Palazzo
Mitchell Hamline School of Law and Independent

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healthcare practitioners, liability, licensure, emergencies, disasters

130.

Legal Briefing: Healthcare Ethics Committees

The Journal of Clinical Ethics, Vol. 22, No. 1, pp. 74-93, Spring 2011
Posted: 05 Apr 2011 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

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healthcare ethics committees, healthcare, health law, end of life, healthcare institutions, hospitals, public health

131.

Legal Briefing: Informed Consent

Journal of Clinical Ethics, Vol. 2, No. 1, p. 72, 2010
Posted: 05 Aug 2010 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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informed consent, medical ethics, disclosure, health law

132.

Legal Briefing: Conscience Clauses and Conscientious Refusal

Journal of Clinical Ethics, Vol. 21, No. 2, pp. 163, 2010
Posted: 05 Aug 2010 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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conscience clauses, conscientious refusal, healthcare providers, medical ethics, healthcare, health law, abortion, contraception

133.

Legal Briefing: Organ Donation

Journal of Clinical Ethics, Vol. 21, No. 3, 2010
Posted: 05 Aug 2010 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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organ donation, organ transplantation, consent, medical ethics, health law

134.

Legal Briefing: Medical Futility and Assisted Suicide

Journal of Clinical Ethics, Vol. 20, No. 3, p. 274, 2009
Posted: 04 Aug 2010 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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medical futility, assisted suicide, autonomy, health law, medical ethics

135.

Legal Briefing: Advance Care Planning

Journal of Clinical Ethics, Vol. 20, No. 4, p. 362, 2009
Posted: 04 Aug 2010 Last Revised: 01 Jul 2014
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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advance care planning, advance directives, healthcare, medical ethics, informed consent

136.

A Reexamination of Hard Paternalism

Posted: 14 Feb 2001
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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autonomy, paternalism, bioethics

Other Papers (4)

Total Downloads: 110
1.

Advance Care Planning

Minnesota Healthcare News (Nov. 2015): 26-28
Number of pages: 5 Posted: 08 Dec 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 53

Abstract:

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advance care planning, advance directive, POLST, end-of-life, bioethics

2.

Voluntarily Stopping Eating and Drinking is Legal — and Ethical — for Terminally Ill Patients Looking to Hasten Death

ASCO POST (June 25, 2018)
Number of pages: 6 Posted: 24 Jul 2018 Last Revised: 24 Sep 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 38

Abstract:

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VSED, End-of-Life, MAID, Medical Aid In Dying

3.

Unilateral Refusal of Treatment and Patient Abandonment: Betancourt v. Trinitas Hospital, Brief of Amicus Curiae, Law Professor Thaddeus Mason Pope

Number of pages: 48 Posted: 18 Jan 2010 Last Revised: 25 Mar 2015
Thaddeus Mason Pope
Mitchell Hamline School of Law
Downloads 19

Abstract:

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medical futility, end-of-life, death and dying, bioethics, advance directives, patient abandonment, refusal of treatment

4.

Guest Editorial: Charlie Gard's Five Months in Court: Better Dispute Resolution Mechanisms for Medical Futility Disputes

Journal of Medical Ethics 2018;44:436-437
Posted: 21 Jul 2018
Thaddeus Mason Pope
Mitchell Hamline School of Law

Abstract:

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Charlie Gard, Alfie Evans, Medical Futility, Best Interests Standard