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Physician assisted suicide debate
Medical ethics case dilemmas
Physician assisted suicide debate
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Physician-Assisted Suicide: A Case Study Analysis 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 Case Study Four doctors, three terminally ill patients, and a nonprofit organization called Compassion in Dying, came together to file a suit arguing that prohibiting PAS is against a person’s right to liberty (Illingworth & Parmet, 2006). This became known as the Washington et al. v. Glucksberg et al. case. This case went to the Supreme Court in January of 1997 and by that following June was ruled constitutional to uphold PAS as illegal (Washington et al. v. Glucksberg et al., 1997). The penalty for any assistance in a ... ... middle of paper ... ...y potential abuse of the law. Conclusion PAS is an emotional debate that has been addressed in the courts repeatedly. In 1997, the Supreme Courts ruled PAS illegal in Washington State during the Washington et al. v. Glucksberg et al. case. Several of the main reasons provided are, the state has the commitment to protect life, the medical profession, and vulnerable groups (Washington et al. v. Glucksberg et al., 1997). However, in 2008 the Supreme Courts reversed their previous decision and passed the Death with Dignity Act legalizing PAS for Washington State. This declares that terminally ill individuals in the state of Oregon, Washington, Montana, and Vermont now have the liberty to choose how they will end their lives with either hospice care, palliative care, comfort measures, or PAS. The question remains is will the rest of the United States follow their lead?
Imagine a family member being extremely ill and suffering from day to day. When they decide they cannot take the pain any more, would you want them to pull through for you or would you fulfill their dying wish and let the doctor pull the plug? Could you even make a decision? Many people would not allow such an event to happen because with all the pain and confusion the patient is enduring may cause confusion and suicidal tendencies. However, there are people who believe otherwise. This is called physician-assisted suicide. Physician-assisted suicide (PAS) is a controversial topic that causes much debate. Though it is only legal in the three states Oregon, Washington and Montana, there are many people who are for it and think it can be necessary. Even with morals put aside, Physician-assisted suicide should be illegal because it will be a huge violation of the oath every doctor must abide by, there would be no real way to distinguish between people who are suffering and the people who are faking or depressed, and it causes a lot of confusion to people with new diseases or new strands of disease that does not have a clear cure.
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 of 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.
Currently, in the United States, 12% of states including Vermont, Oregon, and California have legalized the Right to Die. This ongoing debate whether or not to assist in death with patients who have terminal illness has been and is still far from over. Before continuing, the definition of Right to Die is, “an individual who has been certified by a physician as having an illness or physical condition which can be reasonably be expected to result in death in 24 months or less after the date of the certification” (Terminally Ill Law & Legal Definition 1). With this definition, the Right to die ought to be available to any person that is determined terminally ill by a professional, upon this; with the request of Right to Die, euthanasia must be
America is a champion of the freedom of choice. Citizens have the right to choose their religion, their political affiliation, and make personal decisions about nearly every facet of their daily lives. Despite all of these opportunities, one choice society commonly ignores is that of deciding how one’s life will end. Death seems like a highly unpredictable, uncontrollable occurrence, but for the past 17 years, citizens of Oregon have had one additional option not offered to most Americans in the deciding of their end-of-life treatment. Oregon’s Death With Dignity Act (DWDA), passed in 1994, allows qualified, terminally-ill Oregon patients to end their lives through the use of a doctor-prescribed, self-administered, lethal prescription (Office of Disease Prevention and Epidemiology, n.d.). The nationally controversial act has faced injunctions, an opposing measure, and has traveled to the Supreme Court, however it still remains in effect today.
While physicians are supposed to prolong life, both sides can agree that they are also there to ease suffering. Physicians “are not limited to healing,” as people from Geneva University Medical School noted (Martin, Mauron, and Hust 55).Utilizing PAS would allow physicians to ease the person’s suffering. Despite prolonging life, again opponents argue that there are other alternatives to PAS, for example, continuous deep sedation, a form of palliative care. It is a substitute, but stated in an essay, “PAS may be morally more acceptable than CDS” (Martin, Mauron, and Hust56). Regarding that, both sides can agree PAS is the last resort for many. Evidently others feel that due to the costs, “The incentive to save money by denying treatment poses a significant danger” (Golden 829). Money would influence a patient’s judgment, but if they qualify, it would help them more than jeopardize their situation. PAS would help the patients not leave their family in credit card debt. PAS would be the appropriate choice for the
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,
Imagine, if you will, that you have just found out you have a terminal medical condition. Doesn’t matter which one, it’s terminal. Over the 6 months you have to live you experience unmeasurable amounts of pain, and when your free of your pain the medication you’re under renders you in an impaired sense of consciousness. Towards the 4th month, you begin to believe all this suffering is pointless, you are to die anyways, why not with a little dignity. You begin to consider Physician-Assisted Suicide (PAS). In this essay I will explain the ethical decisions and dilemmas one may face when deciding to accept the idea of Physician-Assisted Suicide. I will also provide factual information pertaining to the subject of PAS and testimony from some that advocate for legalization of PAS. PAS is not to be taken lightly. It is the decision to end one’s life with the aid of a medical physician. Merriam-Webster’s Dictionary states that PAS is “Suicide by a patient facilitated by means (as a drug prescription) or by information (as an indication of a lethal dosage) provided by a physician aware of the patient’s intent.” PAS is considered, by our textbook – Doing Ethics by Lewis Vaughn, an active voluntary form of euthanasia. There are other forms of euthanasia such as non-voluntary, involuntary, and passive. This essay is focusing on PAS, an active voluntary form of euthanasia. PAS is commonly known as “Dying/Death with Dignity.” The most recent publicized case of PAS is the case of Brittany Maynard. She was diagnosed with terminal brain cancer in California, where she lived. At the time California didn’t have Legislative right to allow Brittany the right to commit PAS so she was transported to Oregon where PAS is legal....
the decision to end their lives often turn to their physicians for advice. However, studies indicate that many physicians are unwilling to provide their assistance in suicide because it conflicts with their ethical beliefs and because it is illegal. The legalization of PAS is a sensitive, yet complicated, topic which is becoming more and more popular with America’s aging population and the terminally ill patients. PAS is a social issue which is here to stay. The legalization of PAS is continually being debated all over the United States and offers a potential for abuse. In 1994, PAS laws of Washington and New York were challenged in federal court and declared unconstitutional. Physician assisted suicide should not be legalized in any state.
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.
Physician-assisted suicide refers to the physician acting indirectly in the death of the patient -- providing the means for death. The ethics of PAS is a continually debated topic. The range of arguments in support and opposition of PAS are vast. Justice, compassion, the moral irrelevance of the difference between killing and letting die, individual liberty are many arguments for PAS. The distinction between killing and letting die, sanctity of life, "do no harm" principle of medicine, and the potential for abuse are some of the arguments in favor of making PAS illegal. However, self-determination, and ultimately respect for autonomy are relied on heavily as principle arguments in the PAS issue.
Oftentimes when one hears the term Physician Assisted Suicide (hereafter PAS) the words cruel and unethical come to mind. On October 27, 1997 Oregon passed the Death with Dignity Act, this act would allow terminally ill Oregon residents to end their lives through a voluntary self-administered dose of lethal medications that are prescribed by a physician (Death with Dignity Act) . This has become a vital, medical and social movement. Having a choice should mean that a terminally ill patient is entitled to the choice to pursue PAS. If people have the right to refuse lifesaving treatments, such as chemo and palliative care, then the choice of ending life with PAS should be a choice that is allowed.
This is the main basis for the ethical and moral questions revolved around Euthanasia and PAS. Washington v. Glucksberg in the US Supreme Court Majority Opinion on June 26, 1997: "The history of the law's treatment of assisted suicide in this country has been and continues to be one of the rejection of nearly all efforts to permit it. That being the case, our decisions lead us to conclude that the asserted 'right' to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause. " This just further supports my belief that all of the arguments say that the need or the right for assistance with death is not and never was a right at all. I also believe the fact that a physician would be making money and profit off of this trade of PAS is kind of sickening.
The discussion of physician-assisted suicide is frequently focused around the ethical implications. The confusion commonly surfaces from the simple question, what is physician-assisted suicide? Physician-assisted suicide can be defined as a circumstance in which a medical physician provides a lethal dose of medication to a patient with a fatal illness. In this case, the patient has given consent, as well as direction, to the physician to ethically aid in their death (Introduction to Physician-Assisted Suicide: At Issue,
Diane: A Case of Physician Assisted Suicide. Diane was a patient of Dr. Timothy Quill, who was diagnosed with acute myelomonocytic leukemia. Diane overcame alcoholism and had vaginal cancer in her youth. She had been under his care for a period of 8 years, during which an intimate doctor-patient bond had been established.
The physician that aids in the end of a patient's life has many steps to cover before the initiation. The physician must identify the terminal illness that the patient is suffering from, enlighten the patient on their options and what the results of the options are, make the choice of whether to be the one to euthanize the patient or not, and properly give the correct dosage of the lethal medication that will take the patient's life. Those who feel that PAS should be legalized and a choice believe that because they don’t want to deal with all the suffering and pain that comes along with a terminal disease. The patients would keep their dignity, prevent family or friends feeling guilty, and also be able to pass where they want with whoever they want with