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Legal aspects of physician-assisted suicide
Implications of physician assisted suicide
Legal aspects of physician-assisted suicide
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Oregon's Euthanasia Program
Since 1998, due to a legal opinion by U.S. attorney general Janet Reno, Oregon physicians have used their federal prescribing licenses from the Drug Enforcement Administration to order controlled substances - usually secobarbital - for use in terminally ill patients' suicides. However, new attorney general John Ashcroft was an outspoken critic of the Reno opinion when he served in the U.S. Senate. He authored a 1997 letter to Reno signed by seven other Senators urging a contrary opinion, and criticized her final ruling as "bending the law" to facilitate assisted suicide. George W. Bush also criticized the ruling and endorsed a bill to reverse it, the Pain Relief Promotion Act, during the presidential campaign.
The Oregon Health Division's third annual report on operation of the "Death with Dignity Act," summarized in the New England Journal of Medicine, was said by the law's supporters to offer "compelling evidence" that the Act "has given Oregon citizens comfort and control at the end of their lives." Said Estelle Rogers, executive director of the Death with Dignity National Center: "Oregon is a model for the nation, a place where doctors and patients alike approach end-of-life issues with due seriousness and compassion. We believe it's time for President Bush and the Attorney General to do the same" [U.S. Newswire, 2/21/01].
But the same report hailed by Rogers as "a third year of good news" was said by a prominent critic of Oregon's law to confirm that "the assisted-suicide experiment has failed." Dr. Gregory Hamilton of Physicians for Compassionate Care says that Oregon officials monitoring the practice of assisted suicide "have neglected to report meaningful results." Case reports are chiefly self-reporting by the physicians involved, and no effort is made to find "complications" or problems not reported by those assisting the suicide [PCC press release, 2/21/01].
The Oregon Health Division reported 27 deaths from physician-assisted suicide in 2000, the same number as in 1999. The only case it found of incomplete compliance with the Act was one in which a physician submitted a consent form signed by one witness instead of two. Dr. Hamilton notes, however, that the chief case of assisted suicide to receive extensive news reporting in 2000 showed more irregularities than this.
The case of Joan Lucas received feature-length coverage for two days in her local newspaper in June. Suffering from Lou Gehrig's disease, she originally tried and failed to commit suicide by herself on January 16 - but she and her family soon found more expert "assistance" and she died on February 3.
The controversial act known as the physician aid-in-dying (PAD) challenges us to question our ethical, religious, and cultural values or beliefs. Although it is tragic and perceived as morally inappropriate, suicide is sometimes the only answer. In certain cases this act is a way to end excruciating pain and suffering. The state of Oregon passed a law known as the Death with Dignity Act in 1994. PAD is defined as “a practice in which a physician provides a competent, terminally ill patient with a prescription for a lethal dose of medication, upon the patient's request, which the patient intends to use to end his or their own life” (Braddock, and Tonelli). PAD also raises the question, is it a constitutionally guaranteed right for people to have the power and the medicine to take their own life? PAD, if operating under careful supervision, is an alternative to patients who may have to endure physical, mental, and financial struggles. Doctor Peter Goodwin, a physician from Portland, Oregon campaigned for the Death with Dignity Act, which he called his greatest legacy. Goodwin became a terminally ill patient towards the end of his life. Doctor Goodwin was 83 years old when he took the very medicine that he campaigned so long for. Goodwin was diagnosed with a rare brain disorder, which he had been battling for 6 years prior to PAD.
As any individual can imagine, there is a lot of suffering and pain in most, if not all hospital settings. At times, no amount of medication or experimental treatment can change an individual’s mind on the quality of their life, such that the only way to end their suffering is to die, hence physician assisted suicide. Defined as a patient taking their own life with the help of a physician, this assisted suicide practice is highly controversial and illegal in most but California, Montana, Oregon, Washington and Vermont. Putting the law aside, the morality of the practice itself is still questioned.
The Cuban Missile Crisis began with a set of photographs taken over Cuba by an American pilot.2 These photographs showed that Russians were building missile bases in Cuba and placing missiles and atomic weapons there that were easily within range of the United States. President JFK and Robert Kennedy were both stunned. From this point a board of advisors was created and called the Ex Comm, who met every day during those thirteen days and debated the various courses of actions, and consequences of each, that the president could take. Kennedy emphasizes the making of this board as a lesson for future government officials because he believes that it "proved conclusively how important it is that the President have the recommendations and opinions of more than one...point of view."3
“On October 27, 1997 Oregon enacted the Death with Dignity Act which allows terminally-ill Oregonians to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose.” (The Oregon Health Authority, 2010). Physician assisted suicide can be constructed to have reasonable laws which still protect against its abuse and the value of human life. Recent Oregon and U.K. laws show that you can craft reasonable laws that prevent abuse and still protect the value of human life. When one thinks of suicide, we think of a person who takes their own life.
Braddock and Tonelli. “Physician-Assisted Suicide.” Ethics in Medicine University of Washington Medical School. 2008. .
Callahan, Daniel. "Physician -assisted Suicide Should Not be Legal." Suicide: Opposing Viewpoints. Biskup, Michael. ed. San Diego. Greenhaven Press, Inc.1992.
Physician-assisted suicide is legal in three of the fifty states in America: Oregon, Montana, and Washington. Getting approval for physician-assisted suicide in Oregon is a long process with many guidelines and restrictions. The patient must be terminally ill, with little hope for treatment and less than six months to live. It is required that they are a resident of Oregon, and at least 18 years of age. They must also be able to communicate their own wishes. Once the initial decision is made by the patient, he or she must make two oral requests for a prescription of lethal drugs to their attending physician, or the doctor that has initial care of that patient. These two requests should be made no less than 15 days apart, and a the patient must sign a written request in the presence of at least two witnesses. Once the forms are signed, the attending physician, as well as another consulting physician, will review the patient’s case and verify the diagnosis and prognosis. If either of the two physicians believes the patient is being influenced by a psychological or psychiatric disease, they must refer the patient for a psychological examination. If the patient is declared mentally fit to make this decision, the attending physician has an obligation to offer alternatives to the Death with Dignity Act, including hospice care, comfort, and pain management. Should the patient decide to proceed with physician-assisted suicide, the attending physician is required to recommend that the patient notify their next-of-kin of their request for lethal drugs, although it is not required (Oregon 1).
D. One of the biggest policies that Kennedy had was that he would not back down. After the 2 meetings with Khrushchev, Kennedy wanted to prove that he wasn’t a weak President. Another was that Kennedy wanted to hold strong to the Monroe Doctrine, which said that no one would “mess'; with the Western Hemisphere unless, the U.S. knew about it. Also see C.
Although widely condoned around the world, only one nation, the Netherlands has made physician assisted suicide legal. Five states tried Washington in 1991, California in 1992, Michigan in 1998,and main in 2000, Oregon in 1994 approved the “Death with Dignity Act” it won 51 percent to 49 percent. 91 people committed suicide with the aid of a physician in the first four years the law was in effect.
According to West’s Encyclopedia of American Law, between 1990 and 1999, a well-known advocate for physician assisted suicide, Jack Kevorkian helped 130 patients end their lives. He began the debate on assisted suicide by assisting a man with committing suicide on national television. According to Dr. Kevorkian, “The voluntary self-elimination of individual and mortally diseased or crippled lives taken collectively can only enhance the preservation of public health and welfare” (Kevorkian). In other words, Kevor...
(1) A student raised with the Culturalcentric lens may have difficulty adopting some of the traditional classroom norms of group behavior.
"Assisted Suicide: Finding Common Ground." Lois Snyder, JD; and Authur L. Caplan, PhD. Annals of Internal Medicine. March 21, 2000. v.132, n.6
is more than that. If it is just a horror story then it will focus on
to over turn the law. Also Kevin Andrews was strongly not in favour and with
Should a patient have the right to ask for a physician’s help to end his or her life? This question has raised great controversy for many years. The legalization of physician assisted suicide or active euthanasia is a complex issue and both sides have strong arguments. Supporters of active euthanasia often argue that active euthanasia is a good death, painless, quick, and ultimately is the patient’s choice. While it is understandable, though heart-rending, why a patient that is in severe pain and suffering that is incurable would choose euthanasia, it still does not outweigh the potential negative effects that the legalization of euthanasia may have. Active euthanasia should not be legalized because