Wednesday, April 29, 2015

New demo sign

29 April 2015

FAX 604-733-3503

Mr. Graeme Keirstead,
Chief Legal Council,
BCCPA,
669 Howe Street,
Vancouver,  B.C.
V6C 0B4

Dear Chief Legal Council:

Subject:  FYI

My demo sign being a work in progress now reads.  Your comments, if you have any.

The College of Physicians and Surgeons gives leave to its physicians to place unlawful (without clear consent) DNRs on its patients.

The secret star chamber courts and doctors policing doctors both have to end.

Yours sincerely,


Audrey Jane Laferriere,
5976 Cambie Street,
Vancouver, B.C.
V5Z 3A9
604-321-2276




Nurse Charged with Manslaughter in Ontario (no consent)

A nurse has been charged in the death of a patient who was removed from life support, allegedly without authorization, at a hospital in the central Ontario community of Penetanguishene last year.
The charges against Joanna Flynn, 50, are related to the death of 39-year-old Deanna Leblanc, a patient at Georgian Bay General Hospital.
The case is "essentially unprecedented in Canada," said Kerry Bowman, a bioethicist at the University of Toronto, adding there are "lots of surprising questions" raised by what allegedly occurred.
Leblanc, a married mother of two teenaged sons had a scope done on her knee on Friday, Feb. 28, 2014, at a hospital in Newmarket, Ont. It was supposed to be a routine out-patient procedure that took about half an hour, according to her husband, Mike Leblanc, but 36 hours later she was dead.
'She was telling me she was dying and begging me to help her.'- Mike Leblanc, wife of woman who died in hospital
He said his wife of 23 years appeared to be fine after she returned home after the scope. But on Sunday morning about 3 a.m. "all hell broke loose." She woke her husband and said she had to go to hospital.
"She was telling me she was dying and begging me to help her," Leblanc said.
He drove her to to Georgian Bay General, where she was admitted to the intensive care unit and placed on life support. She died later that day.
"My biggest concern is why did she end up in that hospital? What went wrong in those 36 hours that she ended up there?" he said.
Deanna Leblanc
Deanna Leblanc died March 2, 2014, at Georgian Bay General Hospital in Penetanguishene, Ont. A nurse working at the hospital at the time has been charged in her death. (Facebook)
"I still don't know why I lost my wife and why my kids don't have their mother any more. She was 39 years old and there was nothing wrong with her other than a sore knee. I was told it was a simple operation."
Midland police said they began an investigation on March 6, 2014, and made an arrest on Thursday. Flynn, of Wyevale, Ont., is charged with manslaughter and criminal negligence causing death. She appeared in court on Thursday and has been released on $50,000 bail. She is due back in court on May 28.

'Great mother'

"In a small community such as ours, when there is a death we are so tightly knit it does impact folks that live here," said Insp. Ron Wheeldon.
Mike Leblanc described his wife as a "great mother" who had a touching ability to sense when something was wrong with someone else.
"We were best friends and she was a best friend to the kids, too," he said.
The investigation and subsequent charges took him by surprise.
'We want to assure the public that we believe this is a one-off event.'- Georgian Bay General Hospital
"I didn't think there'd be any investigation. I didn't realize anybody had done anything wrong," he told CBC News.
He told the Barrie Examiner he did not suspect foul play until days after his wife's death when he was contacted by Midland police, who told him they had opened an investigation.
Flynn no longer works at Georgian Bay General Hospital and CEO and president Karen McGrath said it was officials at the hospital who alerted police to the circumstances of Leblanc's death.
"We want to assure the public that we believe this is a one-off event ... We actually did some investigation. We actually reported it to the police," McGrath said Friday.

Timing of charges curious, lawyer says

Lawyer Mark Handelman, who often deals with end-of-life cases, was interviewed about the charges against Flynn Friday on CBC Radio's Metro Morning.
"It's very curious to me that it took a year to decide to lay charges, which I think indicates the potential complexity of it," he said.
"I'm curious to know what the police mean when they say life support was discontinued without authorization."
He said life support is recognized as a treatment under the law and withdrawing it requires consent from the patient or a "correct substitute decision-maker."
"I've never seen a case where a nurse would implement the withdrawal of treatment. I've only seen a physician be the person that would remove life support," bioethicist Bowman told CBC News.
According to Bowman, the decision is not usually made by a single person and would usually take weeks of discussion between family and health-care workers.
"I cannot stress enough how decisions are made collectively and not in isolation ... If it was a misunderstanding about consent, there will be lots of questions as to how that could possibly happen."
With files from The Canadian Press

Tuesday, April 28, 2015

Hugh Scher

Further to my earlier post, this demands a reminder: Hugh Scher 1-416-668-6115  hugh@sdlaw.ca

"If we are not able to stop the most basic abuses relating to DNR orders or end-of-life care measures now, expanding those practices presents dangers."

This statement alone should be enough to force the government of Canada to order a Royal Commission on the Carter Reporter and to enact the notwithstanding clause.

Scher continues:

"The Carter decision risks creating a culture of permissiveness with regard to all end-of-life matters."  
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Monday, April 27, 2015

Owen

I can't get over Owen, Randy's little terri-poo, not wanting to eat unless I feed him by a spoon. 


Sunday, April 26, 2015

The Good Wife

Yesterday I was watching the Good Wife on the television.  A segment was about the Good Wife being on a panel that overlooked the behavior of police.  It was rubber stamping the actions of the police without full evidence.  It reminded me of how the College of Physicians and Surgeons conducted my complaint against Dr. Dunne. They took his version of my complaint without investigating it.

There was also a documentary on the Fifth Estate (CBC) called Dead Enough which documented the actions of doctors in a US hospital who changed a monitor to deceive the nurses in order to secure fresh organs.  And nothing happened to those doctors either. 

So much for watching television and having flashbacks to what happened to me at the hands of Vancouver Coastal Health. 


Friday, April 24, 2015

No Cardiopulmonary Resuscitation/support and comfort only

I tried to find the No Cardiiopulmonary Resuscitation form as directed on the form being www.health.gov.bc.ca/exforms/bcas/302.1fil.pdf.  It wasn't there.  However I found it at www2.gov.bc.ca Forms for Medical and Health Care Practioners under miscellaneous form #3021 No Cardiopulmonary Resuscitation (PDF, 675KB). 

What concerns me is the declaration signed by the patient:

I, the patient, understand and accept that I have been diagnosed as having a life-limiting illness or am considered to be at the natural end of my life and that my care is to include support and comfort only and that no cardiopulmonary resuscitation is to be undertaken. 

What does this mean.  Does this mean that a patient refuses agressive medical treatment when he agrees to a DNR.
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Tuesday, April 21, 2015

The Selection Process 1938-1945

A selection process of who will die was implemented by the Nazi doctors as they too had to sign a document not signed by the patient..At first the patient had to agree but later he was not consulted. It wasn't the SS who corralled prisoners and killed them indiscriminately, it was the doctors who selected them on medical grounds (killing to heal) therefore it was legal. The SS bureaucracy wanted the slave prisoners to work; they did not want them dead. . History repeating itself.

Reference:  Medical Killing and the Psychology of Genocide, The Nazi Doctors, by Dr. Robert J. Lifton, 561 pages (2000AD)

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Saturday, April 18, 2015

Patients Donot have to agree to DNRs.

I have to keep educating any new audience as to why this nightmare is happening.  Although the BCMA has a DNR form called "No Cardioipulmonary Resuscitation" form for the general public, it has to be signed by the patient.

However, Vancouver Coastal Health has its own "laws" and a form that says only a doctor has to sign a DNR.  No patient; no surrogate; no witness.  So whatever I speak I speak with the truth as I have experienced it.


11:15 a.m. postscript:
I just read the instructions to patient/family attached to the BCMA form it states If you live in a residential care facility (GPC), your doctor and care team will help you and/or your legal representative to make choices and plans abut the end of life.  Dr. Dunne would put on a DNR and he would never include me in the conversation.  And to think the social worker who is an officer of the court would not tell me as well. I was Randy's substitute decision maker and I should have been aware.  At the bottom of the form it says that it was developed in conjunction with the BCMA.  The form was issued by the Ministry of Health for British Columbia which I would speculate would mean that it is a government legal directive.

The form can be found at https://www.health.gov.bc.ca/exforms/bcas/302.1fil.pdf

Sunday, April 12, 2015

The Decision of the College of Physicians and Surgeons

When I posted that the College said that Dr. Dunne did no wrong re the illegal DNR Order of November 2013, the pertinent wording was:

"Because of the confidential health information of Mr. Walker formed the basis for the Committee's discussion, we are not able to disclose details of the Committee's decision. We are able to advise you that the Committee was not critical of the medical care Dr. Dunne provided to Mr. Walker.  However, the Committee was critical of Dr. Dunne's medical documentation.  This matter is considered concluded."

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Thursday, April 9, 2015

Alex Schadenberg, Euthanasia Prevention Coalition: Clear rules and consequences needed concerning the...

Alex Schadenberg, Euthanasia Prevention Coalition: Clear rules and consequences needed concerning the...: This article was published by Advocate Daily on March 30, 2015 . Hugh Scher Top British Columbia courts have made it clear that or...

The Carter decision risks creating a culture of permissiveness with regard to all end-of-life matters, says Scher, and real consequences are required for those that break or ignore the law. Without them, all Canadians are put at serious risk in health care settings across the country, Scher states.1-416-816-6115

...go down to see prior post dated April 3 2015

 

Friday, April 3, 2015

Medical Murder is now called Inappropriate Conduct

 
Medical Murder is now called Inappropriate Conduct (my headline)

Directives from Supreme Court must be enforced.

This article was published by Advocate Daily on March 31, 2015.
Hugh Scher

Many Canadians do not recognize the full extent to which existing rules around end-of-life decision-making are not serving as appropriate barriers to inappropriate conduct, says Toronto health and human rights lawyer Hugh Scher.

“This makes it all the more unlikely that new rules are going to stop the conduct,” says Scher,

Concerning cases around end-of-life care decisions continue to crop up across Canada, says Scher, noting it is unclear whether directives from prior court rulings are being respected and enforced.

In one recent case, a Toronto physician and hospital were sued by a family who alleged a “do not resuscitate” (DNR) order was unilaterally placed on an elderly patient at Toronto East General Hospital against their wishes, reports the Toronto Star.


The Star reports the statement of claim, which seeks $1.2 million in damages for four of Canh Luong’s family members, alleges Dr. Alvin Chang and Toronto East General committed “wrongful death, abuse of power, negligence and breach of fiduciary duties.”


The statement of claim, says the Star, alleges Chang was negligent in preferring “his own opinion over that of the plaintiffs with respect to the code status of Luong,” for failing to consult them before making the change, and for failing “to provide Luong with the necessaries of life.”


Scher, who is not involved in the Luong case but who has been involved in other such cases, says clear rules and meaningful consequences for those who go against the established guidelines are needed.

“If we are not able to stop the most basic abuses relative to DNR orders or end-of-life care measures now, expanding those practices presents serious dangers,” says Scher. “The Supreme Court of Canada made it clear in Rasouli that doctors should not be acting unilaterally with regard to the withholding and withdrawal of treatment including end-of-life decision-making measures and that consent to treatment or refusing treatment – particularly where it forms part of an ongoing treatment plan – is required from the patient or substitute decision-maker.”
Scher says, “Doctors who act against that consent or without it are acting without lawful authority and in my view, are running afoul of the law as established by the Supreme Court of Canada.”


In doctor-assisted suicide in specific cases. The court gave the federal government 12 months to craft legislation to respond to the ruling, with the ban on doctor-assisted suicide standing until then.

In Carter, released in February, the Supreme Court struck down the ban on doctor-assisted suicide in specific cases. The court gave the federal government 12 months to craft legislation to respond to the ruling, with the ban on doctor-assisted suicide standing until then.


The Carter decision risks creating a culture of permissiveness with regard to all end-of-life matters, says Scher, and real consequences are required for those that break or ignore the law. Without them, all Canadians are put at serious risk in health care settings across the country, Scher states.

HughScher 1-416-816-6115,  hugh@sdlaw.ca


- See more at: http://www.advocatedaily.com/directives-from-supreme-court-must-be-respected-enforced.html#sthash.43fAjQuo.dpuf


Directives from Supreme Court must be respected, enforced


Canadian PressTHE CANADIAN PRESS


Many Canadians do not recognize the full extent to which existing rules around end-of-life decision-making are not serving as appropriate barriers to inappropriate conduct, says Toronto health and human rights lawyer Hugh Scher.

“This makes it all the more unlikely that new rules are going to stop the conduct,” says Scher, who has acted as counsel to The Euthanasia Prevention Coalition in several high-profile end-of-life files including Rasouli v. Sunnybrook Health Sciences Centre, 2011 ONCA 482 (CanLII); Cuthbertson v. Rasouli, 2013 SCC 53, [2013] 3 S.C.R. 341; Bentley v. Maplewood Seniors Care Society2014 BCSC 165 (CanLII); Bentley v. Maplewood Seniors Care Society 2015 BCCA 91; Carter v. Canada (Attorney General), 2012 BCSC 886 (CanLII); Carter v. Canada (Attorney General) 2013 BCCA 435 (CanLII); and Carter v. Canada (Attorney General), 2015 SCC 5.
Concerning cases around end-of-life care decisions continue to crop up across Canada, says Scher, noting it is unclear whether directives from prior court rulings are being respected and enforced.
In one recent case, a Toronto physician and hospital were sued by a family who alleged a “do not resuscitate” (DNR) order was unilaterally placed on an elderly patient at Toronto East General Hospital against their wishes, reports the Toronto Star.
The Star reports the statement of claim, which seeks $1.2 million in damages for four of Canh Luong’s family members, alleges Dr. Alvin Chang and Toronto East General committed “wrongful death, abuse of power, negligence and breach of fiduciary duties.”
The statement of claim, says the Star, alleges Chang was negligent in preferring “his own opinion over that of the plaintiffs with respect to the code status of Luong,” for failing to consult them before making the change, and for failing “to provide Luong with the necessaries of life.”
Scher, who is not involved in the Luong case but who has been involved in other such cases, says clear rules and meaningful consequences for those who go against the established guidelines are needed.
“If we are not able to stop the most basic abuses relative to DNR orders or end-of-life care measures now, expanding those practices presents serious dangers,” says Scher. “The Supreme Court of Canada made it clear in Rasouli that doctors should not be acting unilaterally with regard to the withholding and withdrawal of treatment including end-of-life decision-making measures and that consent to treatment or refusing treatment – particularly where it forms part of an ongoing treatment plan – is required from the patient or substitute decision-maker.”
Scher says, “Doctors who act against that consent or without it are acting without lawful authority and in my view, are running afoul of the law as established by the Supreme Court of Canada.”
In Carter, released in February, the Supreme Court struck down the ban on doctor-assisted suicide in specific cases. The court gave the federal government 12 months to craft legislation to respond to the ruling, with the ban on doctor-assisted suicide standing until then.
The Carter decision risks creating a culture of permissiveness with regard to all end-of-life matters, says Scher, and real consequences are required for those that break or ignore the law. Without them, all Canadians are put at serious risk in health care settings across the country, Scher states.
- See more at: http://www.advocatedaily.com/directives-from-supreme-court-must-be-respected-enforced.html#sthash.43fAjQuo.dpuf


I have been trying to delete this post but like another time it won't.delete/edit.  Computers are beyond me.
 

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Thursday, April 2, 2015

This is also happening in Canada i.e. pressuring patients to agree to DNRs

Marlene Deakins, RN, Supporting SB 5919. Arizona

"I hope that  with the proposed bill, doctors will get the message that they need to back off , to make sure that patients are freely choosing what’s best for them, as chosen by them."

* * * 

Dear Senator Padden, Members of the Law and Justice Committee and Senator Angel:

I am a Registered Nurse.  I am writing this letter in support of SB 5919, which would make it clear that persons asking about assisted suicide remain eligible to be told about options for cure or to extend life.  I hope that this law will provide protection for people like my brother, Wes Olfert, who died a few years ago (2011) in Washington State.

When he was first admitted to the hospital, he made the mistake of asking about assisted suicide.  I say a mistake, because this set off a chain of events that interfered with his care and caused him unnecessary stress in what turned out to be the last months of his life.

By asking the question, he was given a "palliative care" consult by a doctor who heavily and continually pressured him to give up on treatment before he was ready to do so.  It got so bad that Wes became fearful of this doctor and asked me and a friend to not leave him alone with her.

I hope that  with the proposed bill, doctors will get the message that they need to back off, to make sure that patients are freely choosing what’s best for them, as chosen by them.

Marlene Deakins, RN
Tuscon Arizona


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