Who Should Have the Final Say About Your Medical Care: Your Doctor, or Government Bureaucrats?


Three States go to Federal Court for Right to Overrule Doctors' Medical Decisions

Update by Jeff: Perhaps this comment will shine a bit more light on the import of this issue.

WHO SHOULD HAVE CONTROL over your medical care: your family doctor, or a bureaucrat you’ve never met whose sole job is to look out for the government’s financial bottom-line?

That question, which is the subject of today’s AOL Hot Seat poll, is being debated in court right now, as three states are currently seeking a ruling from a federal judge that the final say in an individual’s medical treatment lies with the government, not with that patient’s doctor.

In March, Georgia, Florida, and Alabama joined in an appeal of a 2008 U.S. District Court ruling that a patient’s physician was better positioned – and better qualified – to make decisions about that patient’s medical treatment than state bureaucrats.

The case centers on Callie Moore, a disabled teenage girl living in Georgia. A stroke Callie suffered in utero left her suffering from multiple conditions, including cerebral palsy and mental retardation. For the last decade, she has received around-the-clock in-home nursing care for her medical conditions.

IN 2007, THOUGH, the state of Georgia cut coverage of Callie’s in-home care by 15%, from 94 hours a week to 84 over the objections of her attending physician, who was intimately familiar with her case and her needs. State officials (who were not medical professionals) cited disagreement with the attending physician about just how much care Callie needed as the primary reason for this reduction in care.

Callie’s mother filed suit in 2007, arguing that the state had no right to contradict the orders of her personal physician and limit her treatment. However, because Callie receives her medical treatment under Medicaid, the joint federal-state administered health coverage program for low-income individuals and families, Georgia officials argued that Callie’s care was subject to rationing, as state bureaucrats’ need to ensure Medicaid resources were allocated “fairly” superseded her doctor’s care prescription or her personal medical needs.

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