There Oughta Be a Law
I was Chairman of the Ethics Committee at our local hospital.
An emergency meeting was called at family request. The father had been brought to the hospital in a coma and admitted to the Intensive Care Unit. He had no signed legal paperwork authorizing who would make medical decisions.
His wife and three adult children were present. The hospital and HMO medical group were represented by lawyers. They wanted to “pull the plug”, with the family arguing they wished to make medical decisions as “next of kin” for their loved one.
In this situation for those who don’t know, California law is on the side of the hospital and HMO rather than “next of kin”.
The patient was in his mid-fifties, and the family tearfully pleaded with the Ethics Committee to continue care. A family member cried “There oughta be a law!” We couldn’t disagree with them, but we advised them of the present legal interpretation.
This was three years ago, and since then my wife and I were elected to a state funded organization known as the California Senior Legislature (CSL).
This year as CSL members, we introduced AP 4, Default Hierarchy Surrogate Consent Laws which would add “next of kin” to present legislation. Currently, we are hopeful for State Legislators to “author” the bill in the California Assembly or Senate.
The change is simple, and adds wording to present law keeping hospital administrators and HMOs from usurping medical decision-making from family members.
Not surprisingly, 46 of 51 states including the District of Columbia have laws which include “next of kin”, so AP 4 would bring California into alignment with the rest of the country (see link below). Plus, our law would not cost taxpayer and government money to implement.
We suspect there will be pushback from fortified hospital and HMO organizations, but patients and families need protection from those who might take advantage of the present law.
Therefore, should you reside in California, please help us find a state legislator to author our bill. It will benefit everyone.
The Ethics Committee was handcuffed by the law, but after rendering our decision, I advised the attorneys I would let the public know of their treatment. They did not “pull the plug.”
Eventually, the patient recovered and walked out of the hospital.
Gene Uzawa Dorio, M.D.
Addendum: 64th District Assemblymember Mike Gipson introduced into the Assembly AB 2338 on February 16, 2022. I will keep you updated.
AB 2338 was passed by the Assembly Judiciary Committee on March 29, 2022, and moves forward to the Assembly Health Committee.
The bill was passed by the Assembly Health Committee on April 26, 2022, and moves to the Assembly floor for the “third reading.” If passed, it goes to the state Senate.
AB 2338 was passed by the California Assembly 63-0 on May 23, 2022, and now moves to the State Senate.
The proposed bill was heard in the California Senate Judiciary Committee and passed 10 – 0 on June 29, 2022. On June 30th, the 2nd reading was heard in the Senate, and now awaits the 3rd reading. The Senate is on summer break until August.
This message is very important and need exposure. A virtual march to the State representatives would be in order. We need to follow Doctor Dorio and note that this is the right direction to go.
Thank God for you Dr. Dorio!!! All families need to know the opportunities that are available to them in times of crisis, especially when it concerns their loved ones longevity. The field of medicine has made remarkable strides in patient care and rehabilitation and the world should recognize all doctors and nurses in the field as they are truly the miracle workers in the pages of science!