Michigan Dignified Death Act
By Josè T. Brown, Esq.
MICHIGAN DIGNIFIED DEATH ACT; MCLA 333.5652; MSA 14.15652
The Legislature recognizes that each patient faces a unique set of circumstances and decisions once they have been diagnosed as having a terminal illness. In recognition of this the Legislature has passed the Michigan Dignified Death Act which is consideration of a body of common law detailing the relationship between health care providers and there patients. It is an Act that is intended to increase terminally ill patient’s awareness of their right to make decisions to receive, continue, discontinue or refuse medical treatment.
The Michigan Dignified Death Act provides that a physician shall inform the patient along with the patients surrogate or advocate about the recommended medical treatment for the terminal illness and the alternatives to the recommended treatment including the advantages, disadvantages and risks of the recommended medical treatment. Such information must comply with the standard of care of that particular speciality. In addition to these requirements a physician who is recommending medical treatment for the terminal illness for a patient diagnosis having a terminal illness shall provide orally and in writing information to the patient or the patient’s surrogate or patient’s advocate the following:
- The option of designating a patient advocate;
- The right to make an informed decision regarding receiving, continuing, discontinuing and refusing medical treatment for the patient’s terminal illness.
- The choice of palliative care treatment including but not limited to hospice care and pain management.
At the present time the Department of Community Health has developed a published and standardized written summary that contains all of the above information. This is standardized written summary is prepared in consultation with appropriate professionals and other organizations and is drafted in such a fashion that the patient, patient surrogate and patient advocate can easily understand.
It is vital that the physician provide a copy of the standardized written summary to the patient because future civil and administrative actions may be barred by the patient. Once the physician has provided the written standardized summary to the patient and it is signed and placed in the patient’s medical record; then the patient, patient surrogate or patient advocate is barred from subsequently bringing a civil or administrative action against a physician. The physician may also be immune from administrative and civil liability for providing controlled substances or “narcotic” included in Schedules 2 to 5. There are also ramifications to insurers for failing to provide reimbursement or benefits to a terminally ill patient.
Finally, it should be well understood that the Michigan Dignified Death Act does not do the following:
A. Limit the liability of a court making a determination about a terminally ill patient’s medical treatment decisions. The Court must take into consideration all of the following State interests:
- Preservation of life;
- Prevention of suicide;
- Protection of innocent third parties;
- Preservation of the integrity of the medical profession.
B. It does not condone, authorization or approve suicide, assisted suicide, mercy killing or Youth in Asia (sic).
There is also available a video entitled “Your Right to Make Medical Decisions” to MSHRM Members and specifically Risk Managers. The product of this video entails a years worth of work from the Medico-Legal Problems Committee of the State Bar. The purpose of the video was to educate the general public regarding the Patient Advocate Statute, Durable Powers of Attorney and a patient’s right to make medical decisions. This video has received endorsement by the Michigan Bar Association through the Medico-Legal Problems Committee. It has also been very well received by a number of groups including the Michigan State Medical Society, various medical malpractice insurance companies in the State, various hospital Risk Managers, Probate Courts, physicians and attorneys that practice in the area Geriatric Law. The legal advisors of the video are well known Michigan attorneys, Earl Cline, from Flint, Michigan and John Collins from Lansing, Michigan, and the medical advisors are well known Michigan physicians, Cathy Blight from Flint, Michigan, President of the Michigan Medical Society, and Susan Rose from Howell Michigan, President of the Michigan Osteopathic Society. The video may be purchased through the State Bar of Michigan, Jill Salisbury at 517-346-6300, at $15.00 per copy. You can also reach Josè T. Brown, at 810-232-3141, who has a number of copies of the video available.
