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Bar Bulletin

July, 2003

July Articles

Health and End-Of-Life Care Focus of N.A.A.G Conference
By Camilla O. McRory

On May 15, 2003, “The Vision vs. the Reality: Improving End-of-Life Care” was the focus of the Baltimore chapter of the National Association of Attorneys General’s (NAAG) conference. This was the third in a series of listening conferences on this subject presented during the tenure of W. A. Drew Edmondson, President of NAAG and Attorney General of Oklahoma. Every year the NAAG President chooses a topic to be the focus of her or his year in office. General Edmondson, in his own words per the conference materials, “initiated a focus by the nation’s chief legal officers on protection of . . . `ultimate’ consumers of health in the provision of effective pain management, honoring advance decisionmaking and competence in the education and regulation of health care professionals.”

While this may sound a bit dry, it was anything but. Ira Byock, M.D., set the stage as keynote speaker by describing our health care system in crisis in his presentation “Dying in America: a Consumer Crisis and Opportunity for Leadership.” No doubt all readers have experienced this crisis for themselves or when trying to obtain needed health care for a child, parent or other friend or family member. Dr. Byock made the compelling case that our basic expectations for quality of care within the medical system are simply not being met. Dr. Byock had the following advice for patients wanting quality care at the end of life (and who among us would not): if in hospital, get out. If not in hospital, then stay out. It was disturbing but sound advice.

Our own Jack Schwartz was a star among those assigned the task of enlightening the Attorneys General on their extremely important role in the struggle to improve end-of-life care. Possibly putting his own professional life at risk, Jack urged the Attorneys General to reflect on their last interview on their last day as Attorney General, and that inevitable question: “What were your most lasting achievements as Attorney General?” Jack counseled them to have fashioned their service as Attorney General so at least one answer will be: “I helped to improve end-of-life care in my State.” When he said this it actually sent shivers up my spine, revitalizing the now dormant desire to do good in the community, with which most of us graduated from law school.

In addition to Dr. Byock, Donald Schumacher, President, National Hospice Palliative Care Organization, spoke about “The Challenge of Hospice Care,” beginning by reminding us of the dichotomy between the (virtually) 0 percent desire to die and the reality of 100 percent mortality. That makes one sit up and think at half-past-nine in the morning. There followed three panel presentations in the format of a “consumer complaint” with responses from dynamic, dedicated professionals in their respective fields, on the subjects: “Will My Pain Be Managed?”, “Will My Wishes Be Honored?” and “Will I Receive Competent Care?” The consumer presenter for the second panel was Chris Cruzan White, sister of Nancy Cruzan, the young woman whose protracted death became a United States Supreme Court case of Time Magazine cover fame, and which case lead Congress to pass the Patient Self Determination Act of 1990.

There is a great deal more to report regarding the N.A.A.G. conference, but no more space in this Bar Bulletin. So if this brief article has piqued your interest or at least your curiosity, then join the Elder Law Section so you will receive the next newsletter in which will report in more depth on this genuinely worthwhile conference.

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