PALLIATIVE CARE: - Cumberland School of Law - Samford University

SPONSORS
The Center for Biotechnology, Law and Ethics at Samford’s
Cumberland School of Law is a research center
founded in December of 2003. Professor David Smolin
serves as director for the Center. He is a recognized
expert in Bioethics, Children's Issues (particularly adoption
and trafficking issues), Children's Rights, International
Human Rights, Constitutional Law, and Religion
and Law.
The Center addresses a broad range of issues in the
fields of Bioethics, Health Care, Agriculture, and Energy.
The Center for Palliative and Supportive Care at the
University of Alabama at Birmingham Medical School is
a national leader in the field of palliative and supportive
care, with demonstrated leadership in compassionate
clinical care, collaborative research, community
outreach and training. Beginning at the moment of
diagnosis, palliative care can help address symptoms
and set goals for care, focusing on quality of life, dignity
and respect.
The Center assists in the training of medical students,
nurses, psychology students, medical residents
and fellows from palliative medicine, geriatrics, and
oncology. The goal is to equip healthcare providers and
trainees to provide care in a more holistic way for their
patients. This ultimately reduces suffering, improves
quality of life and, sometimes, increases survival.
The Frances Marlin Mann Center for Ethics and Leadership
supports teaching, research and service across
the Samford University campus. Founded in 2008, the
center is based in the Office of the Provost at Samford
University.
As a university-wide resource, the center sponsors
curricular and co-curricular initiatives with Samford’s
professional schools and other academic programs.
Ongoing projects include an online resource center on
academic integrity, the Courageous Conversations dialogues
and the Mann Medal in Ethics and Leadership.
Samford University is an Equal Opportunity Institution that complies
with applicable law prohibiting discrimination in its educational and
employment policies and does not unlawfully discriminate on the basis
of race, color, sex, age, disability, veteran status, genetic information, or
national or ethnic origin.
800 Lakeshore Drive
Birmingham, AL 35229
PALLIATIVE CARE:
IN SEARCH OF THE GOOD DEATH
Friday, March 9, 2012 • Moot Courtroom
Cumberland School of Law • Samford University
presented by
Center for Biotechnology, Law and Ethics,
Cumberland School of Law, Samford
University
Center for Palliative and Supportive Care,
University of Alabama at Birmingham
Medical School
Frances Marlin Mann Center for Ethics and
Leadership, Samford University
Moderator
Professor David Smolin
Presenters
Professor Kathy Cerminara
Dr. H. Tristram Engelhardt, Jr.
Dr. Elizabeth Kvale
Dr. Ryan Nash
Professor Leonard (Jack) Nelson

SCHEDULE
8:50 a.m.
Introduction and Welcome
9 - 10:25 a.m.
The “Good” Death?
Dr. H. Tristram Engelhardt, Jr.
Dr. Ryan Nash
10:30 a.m. - Noon
Rationing, Death Panels, and Health Care Reform
Professor Kathy Cerminara
Professor Leonard (Jack) Nelson
Noon - 1:20 p.m.
Lunch
1:30 - 3 p.m.
Enhancing Autonomy: Protecting Patients from
Conflicted and Coercive Healthcare
Dr. Elizabeth Kvale
Discussion, Questions, Debate
Professor Kathy Cerminara
Dr. H. Tristram Engelhardt, Jr.
Dr. Elizabeth Kvale
Dr. Ryan Nash
Professor Leonard (Jack) Nelson
Professor David Smolin (Moderator)
Professor Smolin will note points of agreement and
points of dispute. The session will conclude with a general
discussion of the topic, including audience questions
and comments; all symposium speakers will participate.
SYMPOSIUM PARTICIPANTS
Kathy Cerminara bridges the medical and legal professions
with her work on patients’ rights in the end-of-life
decision-making arena. She co-authors the nationally
known treatise, The Right to Die: The Law of End-of-Life
Decisionmaking, is a reviewer for several medical and
medical-legal journals, and is on the legal panel of the
editorial board of the forthcoming Cambridge Dictionary
of Bioethics. Her scholarship most recently has focused
on the intersection between end-of-life care and health
care coverage policy, specifically the coverage rules applicable
to hospice care.
At the Nova Southeastern University, Shepard Broad
Law Center, where she is a full professor, she teaches
Torts, Civil Procedure, medical-legal seminars, and other
health-law-related courses. She also created and was the
initial director of that law school’s online Master of Science
in Health Law program for non-lawyers. She received
her J.D. magna cum laude from the University of
Pittsburgh and her LL.M. and J.S.D. from Columbia University.
She is an affiliate member of the Health Law and
Elder Law sections of The Florida Bar and a member of
the American Society of Law, Medicine & Ethics and the
American Health Lawyers Association.
H. Tristram Engelhardt, Jr. holds an M.D. with honors
from Tulane University School of Medicine and a B.A. and
a Ph.D. from the University of Texas at Austin. In 2005 he
received a doctor honoris causa from the University of
Medicine and Pharmacy “Gr. T. Popa”, Iaşi, Romania, and
in 2011 he received a doctor honoris causa from the “1
Decembrie 1918” University of Alba Iulia, Romania. He
was a Fulbright Graduate Fellow at Bonn University, German,
a Fellow at the Institute for Advanced Study in West
Berlin, Germany, a Visiting Scholar at the Internationale
Akademie für Philosophie im Fürstentum Liechtenstein,
and a Visiting Scholar at Liberty Fund, Indianapolis, Indiana.
Currently, Dr. Engelhardt is Professor in the Department
of Philosophy, Rice University, and Professor Emeritus
in the Department of Medicine and in the Department
of Community Medicine, Baylor College of Medicine.
He has held appointments at Rice and Baylor since
January, 1983, after leaving Georgetown University,
where he was the Rosemary Kennedy Professor of Philosophy
of Medicine.
Dr. Engelhardt is senior editor of the Journal of Medicine
and Philosophy, Christian Bioethics, the Philosophy
and Medicine book series with over one hundred ten volumes
in print, and the book series Philosophical Studies in
Contemporary Culture. He has authored over three hundred
sixty articles and chapters of books in addition to
over one hundred twenty book reviews and other publications.
His books include Bioethics and Secular Humanism:
The Search for a Common Morality, and the second,
thoroughly revised edition of The Foundations of Bioethics;
his most recent book is The Foundations of Christian
Bioethics. He has also co-edited over thirty volumes
and has lectured widely throughout the world. His recent
edited volumes include Global Bioethics: The Collapse of
Consensus, The Philosophy of Medicine Reborn, Innovation
and the Pharmaceutical Industry, and Bioethics Critically
Reconsidered.
Elizabeth Kvale attended MacMurray College in Jacksonville,
Illinois to study biology and philosophy. She attended
graduate school in philosophy at the University of
Illinois, and then shifted to the Southern Illinois University
School of Medicine. She completed a residency in
Family and Community Medicine at the University of Missouri,
where she served as Chief Resident. After completing
a service obligation in primary care in Dixon, Il, Dr.
Kvale returned to academia to complete a 2-year research
fellowship in palliative medicine.
Dr. Kvale is board certified in Family Practice and Hospice
and Palliative Medicine. Her clinical interests include
the supportive care of cancer patients, survivorship, and
the care of palliative patients in intensive settings. She
serves as the Chair of the UAB Committee on NCCN Distress
Management Guidelines, and is the president of the
Alabama affiliate of the American Alliance of Cancer Pain
Initiatives.
Ryan Nash graduated from Texas State University in
1997 and attended medical school at the University of
Texas Medical School in Houston. He completed his
internal Medicine residency and served as chief medical
resident at UT. While in Houston Dr. Nash served on
the Memorial Hermann Hospital Ethics Committee and
participated in medical ethics education for the medical
school.
In 2005 he moved to Birmingham and completed a
fellowship in Palliative Medicine at UAB. Upon completion
of his fellowship Dr. Nash became the medical director
of the Balm of Gilead Palliative Care Center at
Cooper Green Mercy Hospital. He also served as Chief
of Staff and Chair of the Ethics Committee for the Jefferson
County Healthcare System and Cooper Green
Mercy Hospital for 2007-2008. While at Cooper Green,
Dr. Nash received recognition for outstanding community
service from Highlands UMC, was named as a Top
40 under 40 honoree by the Birmingham Business Journal,
and saw the healthcare system through a very successful
Joint Commission visit. In 2009 Dr. Nash returned
to UAB full-time to concentrate efforts on education
in palliative medicine, clinical ethics, and medical
humanities.
Leonard (Jack) Nelson joined the Cumberland School of
Law faculty in 1984. He received his B.A. magna cum
laude from the University of Washington, his J.D. cum
laude from Gonzaga University School of Law, and his
LL.M. from Yale Law School. He joined the Cumberland
faculty in 1984.
During his time at Cumberland, he has also been
Visiting Professor and Associate Dean for Academic
Affairs, Chapman University School of Law; Visiting Professor,
Universidad del Mayab, Merida, Yucatan, Mexico;
and Professor and Senior Scholar, Lister Hill Center
for Health Policy, University of Alabama at Birmingham
School of Public Health, a position that he currently
holds.
His teaching and research interests include torts
and health law. He is an expert in several areas of
health care law, including regulation of managed care,
HMOs, and PPOs; medical malpractice; pharmacists'
liability; involuntary sexual sterilization of incompetents;
international travel restrictions related to AIDS;
HIV-infected health care workers' tort liability; and legal
issues in treating terminally ill patients.