The Death With Dignity Act and Physician Assisted Suicide
Introduction
According to the American Medical Association (1996), physician-assisted suicide (PAS) occurs when a physician facilitates a patient’s death by providing either the means or the information necessary to aid in the patient performing the life-ending act. PAS has had a long and controversial history dating back to the ancient Greeks and Romans. They believed that there was no reason to prolong life if continued pain and suffering was the only prognosis. The term euthanasia, in fact, stems from the Greek meaning "a good death". It was not until Hippocrates and his Hippocratic Oath, cautioning against deadly medicine towards patients, that a different view was seen. Early Christians held the opinion that suicide or martyrdom was an honorable or noble end to one's life, a way to make the ultimate sacrifice for God. Countering that view, Augustine of Hippo condemned suicide as being a mortal sin, going against God's law of "Thou shall not kill". As medicine has evolved and progressed exponentially since those ancient times, lives may very well benefit from an increase in length but may not always equate to an increase in the quality of life. PAS is one possible solution to this dilemma, albeit one with many ethical and legal debates concerning it.
Literary review
Presently, PAS is legal in the United States in three states - Oregon, which was the first in 1997, and then Washington and Montana both following in 2009. The Death with Dignity Act (DWDA) was proposed in 1994 in Oregon as a way for physicians to legally assist terminally ill individuals who wished to end their suffering and choose their own time of death. It was initially
stalled in the Fed...
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...doption of such measures as the DWDA are a real possibility. When that time comes, nurses will surely find themselves dealing with this issue more frequently. Even though it may be legal at that point, the nurse will be the one who has to decide as an individual their personal interpretation of the basic nursing concept of "to do no harm".
Works Cited
Code of ethics for nurses. (2001). Retrieved from www.nursingworld.org/MainMenuCategories/EthicsStandards/CodeofEthicsforNurses/Code-of-Ethics.pdf
Lachman, V. (2010). Physician-assisted suicide: Compassionate liberation or murder?. MEDSURG Nursing, 19(2), 121-125.
Rose, T. (2007). Physician-assisted suicide: Development, status, and nursing perspectives. Journal Of Nursing Law, 11(3), 141-151.
Volker, D. (2007). The Oregon experience with assisted suicide. Journal Of Nursing Law, 11(3), 152-162.
The Death with Dignity Act was passed in Oregon in 1994, and it is another option for dying with those who have terminal diseases. These people that want to die with dignity have to be seen by at least two doctors and have six or less months to live. While making the decision to use this act, the patient must be in a safe mental state to be making this decision. Currently, Oregon, Washington, Vermont, and soon to be California are the only states to carry the Death with Dignity Act. (Death)
In 1994, Oregon passed the Death with Dignity Act. This law states that Oregon residents, who have been diagnosed with a life ending disease and have less than six months to live, may obtain a lethal medicine prescribed by a physician, which would end their life when and where they chose to do so. This law or act requires the collection of data from patients and physicians and publishes it in an annual r...
There are many convincing and compelling arguments for and against Physician Assisted Suicide. There are numerous different aspects of this issue including religious, legal and ethical issues. However, for the purpose of this paper, I will examine the ethical concerns on both sides. There are strong pro and con arguments regarding this and I will make a case for both. It is definitely an issue that has been debated for years and will continue to be debated in years to come.
There are many legal and ethical issues when discussing the topic of physician-assisted suicide (PAS). The legal issues are those regarding numerous court cases over the past few decades, the debate over how the 14th Amendment of the United States Constitution comes into play, and the legalization vs. illegalization of this practice. The 14th Amendment states, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. amend. XIV, §1). PAS in the past has been upheld as illegal due to the Equal Protection Clause of the 14th amendment of the constitution, but in recent years this same 14th amendment is also part of the reasoning for legalizing PAS, “nor shall any State deprive any person of…liberty” (U.S. Const. amend. XIV, §1). The ethical issues surrounding this topic include a patient’s autonomy and dignity and if PAS should be legalized everywhere. This paper is an analysis of the PAS debate and explores these different issues using a specific case that went to the supreme courts called Washington et al. v. Glucksberg et al.
The Death with Dignity Act was approved by voters in Oregon in 1994 and was confirmed in 1997 when the law went into effect. It is a law that allows mentally competent, terminally-ill adults to voluntarily request a prescription medication
Did you know, about 57% of physicians today have received a request for physician assisted suicide due to suffering from a terminally ill patient. Suffering has always been a part of human existence, and these requests have been occurring since medicine has been around. Moreover, there are two principles that all organized medicine agree upon. The first one is physicians have a responsibility to relieve pain and suffering of dying patients in their care. The second one is physicians must respect patients’ competent decisions to decline life-sustaining treatment. Basically, these principles state the patients over the age of 18 that are mentally stable have the right to choose to end their life if they are suffering from pain. As of right now, Oregon, Washington, and Vermont have legalized physician assisted suicide through legislation. Montana has legalized it via court ruling. The first Death with Dignity Act (DWDA) became effective in Oregon in 1997. Washington and Vermont later passed this act in 2009, and Montana passed the Rights of the Terminally Ill Act in 2008. One concern with physician assisted suicide is confusion of the patient’s wishes. To get rid of any confusion and provide evidence in case someone becomes terminally ill, people should make an advanced care plan. The two main lethal drugs that are used during physician assisted suicide are secobarbital and pentobarbital. Appropriate reporting is necessary when distributing these drugs and performing the suicide in order to publish an analysis. Studies found a large number of people accepted this procedure under certain circumstances; therefore, physician assisted suicide should be legal in the United States because terminally ill patients over the age of 18 that are...
In the medical field, there has always been the question raised, “What is ethical?” There is a growing conflict between two important principles: autonomy and death being considered a medical treatment. Physician assisted suicide is defined as help from a medical professional,
In conclusion, all should firmly believe that physician assisted suicide should not be legalized in any state. Although it is legalized in Oregon it is not wise for any other state to follow that example. By now, all should strongly believe the growing public support for PAS still remains a very dangerous trend. The role of our physician is that of a healer, not a killer. It must be understood that in some cases the only way to relieve someone from their pain is to let them go. On the contrary, each human life has an
The approach of physician-assisted suicide respects an individual’s need for personal dignity. It does not force the terminally ill patient to linger hopelessly, and helplessly, often at great cost to their psyche. It drive’s people mad knowing they are going to die in a short period of time, suffering while they wait in a hospital bed.
However, “The United States Supreme Court found that liberty as defined in the 14th Amendment does not include the right to assistance in dying” (Vacco v. Quill). It was later decided that the responsibility for determining whether assisted death should be legalized should belong to individual states. According to a report by CNN, in 1994 Oregon became the first state to legalize assisted suicide for terminally ill, mentally able adults. Today there are five states in which physician assisted suicide is legal. In Oregon, Vermont, Washington and California the option is given by each states individual laws. In Montana the patient must have a court decision. Oregon was the first state to pass the death with dignity act.
As patients come closer to the end of their lives, certain organs stop performing as well as they use to. People are unable to do simple tasks like putting on clothes, going to the restroom without assistance, eat on our own, and sometimes even breathe without the help of a machine. Needing to depend on someone for everything suddenly brings feelings of helplessness much like an infant feels. It is easy to see why some patients with terminal illnesses would seek any type of relief from this hardship, even if that relief is suicide. Euthanasia or assisted suicide is where a physician would give a patient an aid in dying. “Assisted suicide is a controversial medical and ethical issue based on the question of whether, in certain situations, Medical practioners should be allowed to help patients actively determine the time and circumstances of their death” (Lee). “Arguments for and against assisted suicide (sometimes called the “right to die” debate) are complicated by the fact that they come from very many different points of view: medical issues, ethical issues, legal issues, religious issues, and social issues all play a part in shaping people’s opinions on the subject” (Lee). Euthanasia should not be legalized because it is considered murder, it goes against physicians’ Hippocratic Oath, violates the Controlled
The right to assisted suicide is a significant topic that concerns people all over the United States. The debates go back and forth about whether a dying patient has the right to die with the assistance of a physician. Some are against it because of religious and moral reasons. Others are for it because of their compassion and respect for the dying. Physicians are also divided on the issue. They differ where they place the line that separates relief from dying--and killing. For many the main concern with assisted suicide lies with the competence of the terminally ill. Many terminally ill patients who are in the final stages of their lives have requested doctors to aid them in exercising active euthanasia. It is sad to realize that these people are in great agony and that to them the only hope of bringing that agony to a halt is through assisted suicide.When people see the word euthanasia, they see the meaning of the word in two different lights. Euthanasia for some carries a negative connotation; it is the same as murder. For others, however, euthanasia is the act of putting someone to death painlessly, or allowing a person suffering from an incurable and painful disease or condition to die by withholding extreme medical measures. But after studying both sides of the issue, a compassionate individual must conclude that competent terminal patients should be given the right to assisted suicide in order to end their suffering, reduce the damaging financial effects of hospital care on their families, and preserve the individual right of people to determine their own fate.
In most cases, the right of a dignified death with the help of a physician is prohibited due to religious beliefs and ideologies that are used as an opposition. Even with heated debates on the ethics of the Death With Dignity Act (DWDA), only three states (Oregon, Washington, and Vermont) have legalized this right, the right to have a patients last moments theirs to decide.
If physician-assisted suicide is legally permitted yet restricted to the terminally ill adult with full decision-making capacity, it will certainly raise legal concerns about discrimination. PAS will probably broaden to include incompetent, non-consenting, and non–terminally ill persons. The final extreme of the slippery slope argument is that PAS will be abused, run amok and ultimately become involuntary euthanasia. Physician-assisted suicide refers to the physician acting indirectly in the death of the patient -- providing the means for death.
Urofsky, Melvin I. Lethal Judgments: Assisted Suicide and American Law. Lawrence: University Press of Kansas, 2000. Print.