New “futile care” promotion includes attack on ADA

I found an “interesting” article from the Kalamazoo Gazette, thanks to Bobby Schindler, who is doing some guest blogging for Wesley Smith while Wesley is on vacation. Bobby has his own valuable insights on the article, but I wanted to write about a couple of things that jumped right out at me.

The article is a profile of Dr. Kenneth Fisher, who has recently published a book that pushes – hard – for greater implementation of “futile care” decisions by strengthening the autonomy of medical professionals and undermining the self-determination of patients.

In case anyone thinks I’m overstating the case and its relevance to the disability community, here’s just one of Fisher’s “suggestions” to “improve” care by preventing “futile” medical interventions:

To revise the Patient Self-Determination Act and Americans with Disabilities Act so they ensure appropriate and beneficial medical care rather than provide patients the right to demand any level of care.

Got that? Fisher wants to go after the ADA specifically to weaken or eliminate our legal rights to direct our own care and determine what we think is appropriate.

Fisher is someone we should all probably keep an eye on. He has a blog – there’s a link provided in the article.

The blog provides a form for download that replaces traditional advance directives. For one thing, it invites individuals to cede their rights to an “appropriate care committee.”

Excerpt of text from his new and improved admissions form:

A patient has the right to evidence based care tailored to the individual, but cannot receive care that has no value. The physician team is responsible for defining beneficial care, where the benefit to the patient significantly exceeds the risks. A committee (the appropriate care committee) is available within the hospital should conflict arise. The committee will render judgment within one working day.

Fisher’s also not shy when it comes to self-promotion. The sample fax he provides so that you can email your congressional reps comes complete with a glowing recommendation from you – urging the congressional rep to read his book.

So for those of us who have been concerned with the rising juggernaut of “futile care” policies, here’s a new reason for concern. We have a new promoter who clearly has the ADA in his sights.