Physician assisted suicide and euthanasia: dangerous and unnecessary



Similar documents
Physician-Assisted Death Brief for the Government of Canada s External Panel on Options for a Legislative Response to Carter v.

The Medico- Legal Society of Toronto presents: EUTHANASIA AND ASSISTED SUICIDE

When Death is Sought Assisted Suicide and Euthanasia in the Medical Context

Professional Standards and Guidelines

Should We Legalize Voluntary Euthanasia and Physician Assisted Suicide?

Standard of Practice: Physician-Assisted Death

Strategies for occupational therapists to address elder abuse/mistreatment

Power of Attorney for Property

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A TERMINALLY ILL PATIENT TO REQUEST

Legislatures worldwide grapple with the right to die

More Safeguards are needed for the Vulnerable. Special Joint Committee on Physician-Assisted Dying: Dissenting Report

College of Physicians and Surgeons of Saskatchewan POLICY. Physician-Assisted Dying. Background. Introduction

Ninon Yale Clinical Nurse Specialist Trauma Program McGill University Health Centre Sept. 27, 2012

POWERS OF ATTORNEY FOR PERSONAL CARE

MEDICAL ASSISTANCE IN DYING INTERIM GUIDELINES FOR THE NORTHWEST TERRITORIES. Effective June 17 th, 2016

CORE 573. Community Rehabilitation and Disability Studies. Disability and the Law. Calendar Description. Content/Objectives. Outcomes/Competencies

CPSM DRAFT STATEMENT ON PHYSICIAN ASSISTED DYING OCTOBER 15, 2015

P U R P O S E USCCB, Pastoral Plan for Pro-Life Activities: A Campaign in Support of Life

This document provides advice on all aspects of consent, recognizing the primacy of consent in any physician-patient relationship.

Answers To Misconceptions About A Death with Dignity Law

VICTIMS OF CRIME ACT

Submission to the Public Hearings on the. Workers Compensation Act of Manitoba

Digital Evidence meets the Charter: Peer-to-Peer (P2P) File-Sharing Networks

APPENDIX B: QUESTION WORDING AND SURVEY TOPLINE

POLICE RECORD CHECKS IN EMPLOYMENT AND VOLUNTEERING

GUIDELINES ON SANCTION FOR EMPLOYMENT OF COUNSEL IN CRIMINAL APPLICATIONS

Decision-making for the End of Life

THE EFFECTIVENESS OF LEGAL SAFEGUARDS IN JURISDICTIONS THAT ALLOW ASSISTED DYING. Penney Lewis and Isra Black January 2012

Ethics and Palliative Care Nursing. Laurie Read, MN James Read, Ph.D.

HAWAII DISABILITY RIGHTS CENTER. Hawaii s Protection and Advocacy System for People with Disabilities Hawaii s Client Assistance Program

Patrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms

WhatHow to Find the Best Online Stock Broker?

Landmark Case EQUALITY RIGHTS AND THE CANADIAN PENSION PLAN LAW v. CANADA

No. 39. An act relating to patient choice and control at end of life. (S.77) It is hereby enacted by the General Assembly of the State of Vermont:

Question 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.

Combined Living Will and Health Care Power of Attorney

Pain Management. Approved by the House of Delegates Passed with 56 approvals, 2 opposed, 1 abstention April 30, Danvers, Massachusetts

REPORT ON CONSULTATIONS:

Federation of Law Societies of Canada

ONTARIO TRIAL LAWYERS ASSOCIATION. OTLA s Response to the Anti-Fraud Task Force Status Update

Ethical Issues in Health Care for Older Persons. Bruce Leff, MD Associate Professor Johns Hopkins University Schools of Medicine and Public Health

TALKING ABOUT YOUR HEALTH CARE CHOICES: ADVANCE DIRECTIVE INFORMATION, FORM AND GUIDELINES

CATHOLIC BISHOPS JOINT BIOETHICS COMMITTEE

Cooper Hurley Injury Lawyers

Featured Speaker. Disclosure Statements. Evaluations. Thank You to Our Sponsors. Ethics in Public Health: A Closer Look at Current Issues

HOMICIDE IN CANADA. Bonny Walford

Court-Ordered Mental Health Evaluation and Treatment in Arizona: Rights and Procedures

ALBERTA BILL OF RIGHTS

Cancer and Advance Care Planning

September 6-8. San Francisco, California 1. CLEAR 2012 Annual Educational Conference Medical Marijuana: Politics Meets Regulation

A Catholic Guide to Health Care Directives. & Indiana Catholic Health Care Directive

GCSE RE Revision & Homework Booklet:

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Treatment-Resistant Major Depressive Disorder and Assisted Dying

Organ and tissue donation is viewed as an act of neighborly love and charity by these denominations. They encourage all members to support donation

By Judith L. Huddart

Concurrent Session A: HIV/AIDS The Role of Criminal Law in Public Health

CRIMES AGAINST ELDERLY ONLINE

Wrongful Death and Survival Actions In Maryland & the District of Columbia

BUSINESS VALUATION 101. Legal Counsel Communications with Expert Witnesses

NOTICE OF PATIENT RIGHTS AND PRIVACY PRACTICES

Protecting Vulnerable Adults from Abuse and Neglect: a U.S. Experience. Page Ulrey January 15, 2015

How To Write A Values History Form

Definitions of Child Abuse in the State of Oregon

JOINT RESOLUTION OPPOSING PHYSICIAN-ASSISTED SUICIDE

Program Policy Background Paper: Compensability of Workplace Stress

F EDERAL L EGISLATION

Strategies for occupational therapists to address elder abuse/mistreatment

FOR IMMEDIATE RELEASE

Palliative Care in Canada

FREQUENTLY ASKED QUESTIONS REGARDING ADVANCE DIRECTIVES

Introduction.

Family Caregiver s Guide to Hospice and Palliative Care

Health Care Consent Act

let s talk about hospice palliative care first decisions respect quality end of life

SENATE BILL 850. By Black BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

Legislative Background: Medical Assistance in Dying (Bill C-14)

Making Health Care Decisions in North Dakota:

Medical Innovation Bill

Active and Passive Euthanasia by James Rachels (1975)

ADVANCE HEALTH CARE DIRECTIVE (Under Authority of California Probate Code Sections 4670 et seq.)

HB 670-FN - AS INTRODUCED. relative to the rights of conscience for medical professionals. ANALYSIS

How To Determine The Value Of A Personal Injury Case

Watertown Christian School

How to Determine the value of a personal injury case

PLEASE RETAIN FOR FUTURE REFERENCE

Why Would a Loving God Allow Evil, Pain and Suffering?

Senate Bill 50 (S-1) would amend the Code of Criminal Procedure to add the felonies proposed by Senate Bill 49 (S-1) to the sentencing guidelines.

CONTESTING A WILL OR AN ESTATE

How to write a policy to prevent. Harassment. by Louise Pohl

ADVANCE MEDICAL DIRECTIVES

ADVANCE HEALTHCARE DIRECTIVE

Evidence to The Commission on Assisted Dying 23 rd February 2011

victim Advocacy - A Model For Success

150 Fountains Blvd Madison, MS

International Paralympic Committee Medical Code. December 2011

PROTECTING LIFE. How Parliament Can Fully Ban Assisted Suicide Without Section 33. John Sikkema, HON.B.A., J.D.

Wyoming School Boards Association Insurance Trust ( The Plan ) HEALTH CARE PLAN PRIVACY NOTICE

WASHINGTON AND LEE UNIVERSITY SCHOOL OF LAW

Transcription:

Physician assisted suicide and euthanasia: dangerous and unnecessary The judge in the leading current court case on this matter acknowledged that legalization of PAS/E would result in an increased risk of wrongful death. She challenged the statement by the lawyers for the government of Canada that the risk of one wrongful death was too many. She stated that this standard was too high for a medical procedure. This statement summarizes the whole debate on PAS/E in a nutshell. Is giving a patient a lethal injection (euthanasia) or supplying them with the means to end their life (Physician assisted suicide) murder or is it a medical procedure? The answer to this question has serious implications for the practice of medicine and for patients. Background On June 15, 2012 a BC judge handed down a decision in Carter v. Canada (Attorney General) striking down the Criminal Code provisions against aiding or abetting a suicide. While the appeal court overturned the decision it is now going to the Supreme Court of Canada. On June 12, 2013 the Quebec National Assembly introduced Bill 52 that tries to legalize medical aid in dying or euthanasia in Quebec. It was recently passed by the Quebec National Assembly. s. 30 of this proposed legislation requires that any physician who refuses a patient s request for PAS/E for reasons of conscience must forward the request form to the director of professional services of the local health authority who will find a physician to process the request. All hospitals and nursing homes in the province must provide medical aid in dying. Practice of Medicine Bill 52 makes medical aid in dying part of end of life care. The legislation has a provision that states that no one will be required to perform euthanasia against their will. However, physicians, nurses, and pharmacists who object to the practice, could be open to discrimination in hiring if this practice is part of their job requirements and PAS/E is legalized across Canada. Furthermore, many 1

physicians would object to being required to forward the request for PAS/E to the appropriate official on conscience grounds. Sometimes the appropriate official might have conscience concerns themselves. Under Quebec legislation, all hospitals and nursing homes would be required to participate in PAS/E even if their organization was morally or ethically opposed to the practice. This deprives patients of the peace of mind of living out their final days in an institution where they have no risk of wrongful death. Under the Charter of Rights and Freedoms, Canadians enjoy freedom of conscience and religion. Conscience protections need to include protection from referral, participating in the procedure and discrimination against those who refuse to participate. If conscience protections are not complete they require health professionals to make an impossible choice go against your conscience or stop providing care. Many doctors have a predictable reaction their role is to heal not kill their patients. In addition, PAS/E threatens to undermine the physician patient relationship that must be based on trust. If one of the treatment options is that the physician has the power to kill the patient, then the patient will be very reluctant to share their inmost feelings about a life threatening diagnosis. The Dutch experience is instructive here. Many people carry documents indicating that they do not want to be euthanized in the event of a serious accident. Risk of Patient s Wrongful Death It is common for patients to want to end their lives after traumatic life events, sudden serious illness, mental health problems, disability or accident, yet later change their minds. If the patient meets the criteria outlined in Bill 52 (age, competency, lack of ambivalence, etc) they must be administered PAS/E. If it is legalized it will become a legitimate medical procedure, and there will be no obligation, much less a right, for health care professionals to discourage the patient to choose euthanasia. It is very common for people who require a lot of care to feel guilty about the inconvenience caused to caregivers. In 2013, 49% of the people who ended their lives through PAS in Oregon did so because they felt they were a burden to caregivers. People in this vulnerable state can be improperly influenced by family or caregivers who have an interest in their premature death or a strong commitment to euthanasia as a solution. This problem will become even more acute as static health care budgets contend with the medical service needs of the baby boom generation. Medical prognoses are often inaccurate. Legalization essentially removes Criminal Code sanctions and law enforcement scrutiny from the PAS/E process. Oversight in jurisdictions that allow PAS/E consists of completion of forms after the fact. Proper 2

audit and investigation would be so costly that jurisdictions find it prohibitive. Data from jurisdictions that have already legalized PAS/E indicates that protocols are not followed and physicians underreport cases of PAS/E. A study of PAS/E deaths in Flanders, Belgium published in the CMAJ in May, 2010 found that 32% of euthanasia deaths occurred without the explicit request or consent of the patient. A 2010 article published in the British Medical Journal also dealing with the Flanders area of Belgium documented that 47.2% of all euthanasia deaths went unreported. Recent articles have highlighted the practice of doctor shopping in Oregon in which a medical opinion against PAS for a particular patient can be superseded by two other doctor s opinions in favour of PAS who need not necessarily have had a prior relationship with the patient. The vast majority of assisted suicides in Oregon are delivered by Compassion and Choices, a PAS lobby group. Categories of persons permitted to end their lives have been expanded in other jurisdictions after PAS/E has become legal, such as in Belgium where two twin brothers who were deaf and becoming blind were legally killed. Recently, a patient was killed who had experienced a botched sex change operation. The national legislature in Belgium has legalized PAS/ E for children under the age of 18. The Netherlands has already legalized the euthanasia of infants. In fact, in the Carter case itself, the judge expanded the category of persons who could end their lives prematurely beyond the facts of the case. The protocol proposed by the judge did not require that the patient suffer from a terminal illness. Disabled rights advocates express concern about a kind of reverse discrimination that would come about if these proposals go ahead. In a world in which PAS/E is legalized an able bodied person who had suicidal thoughts would be treated to help them get some relief. If a disabled person had the same suicidal thoughts, however, they would receive the same treatment, but physician assisted death would also be discussed as an option. Suicide is an action of an individual while PAS/E requires the assent at least one other person and of the society that permits it and pays for it. The society is therefore sanctioning a murder based upon the physical or mental characteristics of the person. In this sense PAS/ E requires an acknowledgement that certain lives are not worth living. If PAS/E were legal would there be as much of an incentive to press government for increased resources for palliative care? It Is Not Necessary to Take this Risk 3

Nine out of ten palliative care physicians in Canada are opposed to legalization. Their association says that end of life pain can be dealt with if the proper tools of modern medicine are available. The fact that only 30% of the Canadian population has access to appropriate palliative care resources raises a significant social justice concern: we should not resolve the problem of our tight health care budgets at the expense of those who have lost hope. In fact, the Canadian Association of Palliative Care Physicians indicates that pain is rarely the reason patients ask for hastened death it more often comes out of a desire to control the circumstances surrounding death. Do Patients Understand the Risk? Public opinion polls are frequently cited as evidence that Canadians want this change in health care. But polling numbers consistently go down when people understand exactly what has been proposed. Despite over 120 attempts at legalization in various states in the US, only three states have actually approved PAS/E. Most people do not appreciate that there is a clear risk of wrongful death and that they are personally assuming that risk if PAS/E becomes legal. As this becomes apparent in the midst of a public debate on legalization, people s opinions change. Many people do not realize that PAS/E is different from refusal of medical treatment at end of life that is currently permitted in Canada. The ethical difference is that the person who administers PAS/E always intends to kill the patient, while the person who removes or refuses to administer treatments that represent an excessive burden simply intends to shorten the process of dying. The legalization of PAS/E is both dangerous and unnecessary. Is it really worth the risk? Please consider sending a letter to the Attorney General of Canada, the Hon. Peter MacKay expressing your concerns about these developments. Because this is a controversial topic in our society, the Attorney General would benefit from your support and professional opinion. A sample letter along with additional background information can be found on the CMDS Canada website. CMDS Canada is opposed to PAS/E. We believe that the whole universe and human life itself is a gift from God who loves us in all three persons: God the Father creates life, Jesus Christ redeems life and the Holy Spirit sanctifies life. God says Thou shall not kill and Jesus adopts the Ten Commandments as part of His teaching. Christians follow Christ s teaching so as to manifest His life to the world. An important way to do 4

that is to care for those who are seriously ill and near death so that they will be reminded how precious they are in the eyes of God. With the proper supports the experience of death need not be frightening. As Christians our desire is to support people at the end of life and relieve their suffering. We see PAS/E as patient abandonment at the time of greatest need. We are concerned that in a throwaway culture care for the intrinsic value of all human life has been neglected. Want to help? Contact us at: office@cmdscanada.org or call Toll Free 1-888-256-8652 (Canada) Our mailing address is: Christian Medical and Dental Society of Canada 1-197D Main Street Steinbach, Manitoba R5G 1Y5 Canada 5