Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, October 30, 2013

Article on Health Care Decision Making in the Veterans Health Administration

Health administrationLiliana Kalogjera Barry  has recently published an article entitled, Health Care Decision Making in the Veterans Health Administration: The Legal Significance For Informed Consent and Advance Directives, Marq. Elder's Advisor 269-303 (2013). Provided below is the introduction to the article:

Voluminous literature exists in both the medical and legal communities on health care decision making, whether it be in regard to advance directives or end of life decisions.1There is also a growing body of research and commentary assessing various facets of health care decision making in the Veterans Health Administration (VHA) of the United States Department of Veterans Affairs (VA). 2There is, however, a relative dearth of literature, particularly legal literature, examining the legal significance of the fact that a patient makes health care decisions within the VA as opposed to alternative care settings that are subject to state law, e.g., private health care facilities. This article provides a background of the VA, an overview of relevant law pertaining to health care decision making, and a discussion of significant ways that health care decision making may differ between VA and non-VA facilities, focusing on Wisconsin law as an example.3



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