Analysis of The Washington Death with Dignity Act Suffering at the end of life stems from multiple sources, including unyielding pain, depression, loss of personal identity, loss of control and dignity, fear of death, and/or fear of being a burden on others (AAHPM, 2007). The overwhelming symptoms lead many terminally ill patients to ask their doctors to help them die (Gorman, 2015). According to Dr. R. Sean Morrison, professor of geriatrics and palliative care medicine at Mt. Sinai’s Icahn School of Medicine in New York, “their choice shouldn’t be an assisted death or living with intractable suffering” (as cited in Gorman, 2015). The American Academy of Hospice and Palliative Medicine (AAHPM) (2007) strongly recommends that medical practitioners …show more content…
According to Westrick (2014), the terms “assisted suicide and euthanasia generally mean aiding or assisting another person to kill himself or herself, or killing another person at his or her request, often called ‘active voluntary euthanasia’” (p. 349). Assisted suicide is better defined as a prescriber providing a lethal dose of medication to a patient with the intent of ending a patient’s life (Westrick, 2014). Political debate concerning assisted suicide is ongoing. Currently in the U.S., physician-assisted suicide is legal in Oregon, Montana, Washington, Vermont, and California (Death with Dignity, 2016). The purpose of this paper is to review RCW 70.245, The Washington Death with Dignity Act, Initiative 1000, and to identify and address the gap in existing statutory language in the …show more content…
(1) "Adult" means an individual who is eighteen years of age or older. (2) "Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal disease. (3) "Competent" means that, in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist, or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through persons familiar with the patient's manner of communicating if those persons are available. (4) "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding the patient's disease. (5) "Counseling" means one or more consultations as necessary between a state licensed psychiatrist or psychologist and a patient for the purpose of determining that the patient is competent and not suffering from a psychiatric or psychological disorder or depression causing impaired
Physician assisted suicide was brought to mainstream attention in the 1990’s due to Dr. Kevorkian’s “suicide machine," who claims to have assisted over 100 suicide deaths of terminally ill patients with Alzheimer’s disease (Dickinson, p. 8). In the early 1990’s, for the first time in United States history the issue was brought to the voting polls in California, Washington, and Oregon (Dickinson, p. 9). The bill was passed in Oregon; legally allowing physicians to facilitate death of the terminally ill, but voters fails to pass the bill in Washington and California (Dickinson, p. 9). In 2008 voters in Washington State passed the Washington Death with Dignity Act (Dickinson, p. 277). Today
Physician-assisted suicide is controversial in healthcare and political realms alike. Currently, this end-of-life option is practiced in five states within the United States. Social concerns regarding assisted suicide revolve around ethical quandaries; providing the means to a patient’s death is contradictory to ethical principles of healthcare providers. Political concerns surrounding the legalization of assisted suicide include disparities in healthcare that may lead to certain populations choosing assisted suicide and the stagnation of current care options. While there is no succinct manner in which to declare assisted suicide right or wrong, each individual must address the social and political concerns surrounding the issue when voting for legislation to legalize assisted suicide or pursuing the option for themselves.
The attending physician must refer the patient to a consulting physician to confirm the diagnosis and prognosis, while also determining whether the person is capable for making health care decisions. If either physician suspects the patient may be suffering from a psychiatric or psychological disorder that could impair judgement, the individual must be referred
Currently, six states have enacted the death-with-dignity law allowing a terminally ill patient the right to choose how their life ends after obtaining permission from those in authority. In 44 states, state law prohibits assisted suicide and an active participant considered as committing a criminal offence. The U.S. Supreme Court protects a patient’s liberty to refuse medical treatment, but continues to side with the government’s interest in preserving life outweighing a person’s right to assisted-suicide. According to the U.S. Code, “Assisted suicide, euthanasia, and mercy killing have been criminal offenses throughout the United States and, under current law, it would be unlawful to provide services in support of such illegal activities.” (U.S. Code)
Physician-assisted suicide and voluntary euthanasia is still under scrutiny for a number of reasons. “In spring, 1996, the Ninth and Second Circuits were the first circuit courts in the country to find a constitutional prohibition against laws which make physician-assisted suicide a crime” (Martyn & Bourguignon, 1997). New York was one of the states that followed this prohibition. Eventually, The Ninth and Second Circuit, “allow physician-assisted suicide while attempting to protect individuals from unacceptable harms, such as involuntary euthanasia” (Martyn & Bourguignon, 1997). An assumption can be made, that euthanasia involves a licensed physician to play an active role in this partaking, and it’s where the patient prepares to die at.
3. There will be events when the essential advisor will be debilitated, out of town, or generally occupied to give emergency service Another person will rely on upon the outline to make clinical decisions. Satisfactory records can guarantee suitable mediation and progression of consideration as coordinated by the ACA Code of Ethics.
A woman suffering from cancer became the first person known to die under the law on physician-assisted suicide in the state of Oregon when she took a lethal dose of drugs in March, 1998. The Oregon Death with Dignity Act passed a referendum in November, 1997, and it has been the United States ' only law legalizing assisted suicide since then. According to the New England Journal of Medicine, more than 4,000 doctors have approved of the assisted suicide law (cited in "The Anguish of Doctors,” 1996). The law allows terminally ill patients who have been given six months or less to live and wish to hasten their deaths to obtain medication prescribed by two doctors. The most important thing to notice is that this law does not include those who have been on a life support system nor does it include those who have not voluntarily asked physicians to help them commit suicide. The issue of doctor-assisted suicide has been the subject of the heated dispute in recent years. Many people worry that legalizing doctor assisted suicide is irrational and violates the life-saving tradition of medicine. However, physician-assisted suicide should be legalized because it offers terminally ill people an opportunity for a peaceful death and recognized the inadequacy of current medical practice to deal with death.
In majority of the cases where patients requested help with their demise, the diagnoses included cancer, acquired immunodeficiency syndrome (AIDS), and various neurological diseases. The article states further that primary patient concerns, while typically nonphysical, included being a burden on their families and caregivers, loss of control of physical and mental capacities to function, being reliant on others for personal, private care, and diminished self-esteem and dignity. The chief conclusions drawn from this study include that most individuals requesting life-ending prescriptions from their physicians are doing so with primarily intangible, nonphysical worries in mind. Perhaps more surprisingly, most physicians do not consult their work-associates regularly about these appeals. Without guidance from other physicians and regulations verified by higher authorities, there is reason to question how doctors are able to guarantee both quality and equality in the assessment of patient appeals for physician-assisted suicide. This article both stresses the desire for dignified death by individuals suffering from terminal illnesses and the importance of having the practice regulated to protect both patients and physicians
The film " How to Die in Oregon" by director Peter Richardson is a documentary reflecting a debate over whether or not people in the United States should have the right to die with dignity. It presents compelling arguments for why the right to end one 's life should be granted to people, who suffer from terminal illness. It gives an intimate insight into their lives, unveiling the reasons behind the choices they make. The topic of euthanasia remains highly controversial in ethical, religious and social debates as well as popular views.
The process of assisted suicide, or physician-assisted death, is a hotly debated topic that still remains at the forefront of many national discussions today. Assisted suicide can be described as the suicide of patient by a physician-prescribed dose of legal drugs. The reason that this topic is so widely debated is that it infringes on several moral and religious values that many people in the United States have. But, regardless of the way that people feel, a person’s right to live is guaranteed to them in the United States Constitution, and this should extend to the right to end their own life as well. The reasons that assisted suicide should be legalized in all states is because it can ease not only the suffering of the individual, but the financial burden on the family that is supporting him/her. Regardless of opposing claims, assisted suicide should be an option for all terminally ill patients.
The U.S. Supreme Court upheld court decisions in Washington and New York states that criminalized physician-assisted suicide on July 26, 1997.12 They found that the Constitution did not provide any “right to die,” however, they allowed individual states to govern whether or not they would prohibit or permit physician-assisted suicide. Without much intervention from the states individuals have used their right to refuse medical treatment resulting in controversial passive forms of euthanasia being used by patients to die with dignity such as choosing not to be resuscitated, stopping medication, drinking, or eating, or turning off respirators.9
Most of the debate in the United States about assisted suicide laws stems from a split between conservative, liberal, prolife, and prochoice advocates (Behuniak 17). Current assisted suicide laws in the United States, according to the National Death with Dignity National Center, “allow mentally competent, terminally-ill adult state residents to voluntarily request and receive a prescription medication to hasten their death” (“Death with Dignity…”). Only three states currently have passed legislation which allows terminally ill patients to make the choice to end their life: Oregon, Washington, and Vermont. Of these three states, Oregon was the first to pass legislation with its 1997 Death with Dignity Act, thus setting the precedent and establishing a template for other states reviewing similar legislation (Sanburn). Advocates for assisted suicide laws believe that doctors have a
There are many definitions of counseling, but most share the same idea: it is when one person helps another. To me counseling represents one word more than any other: Change. One person is unhappy with some area of their life and wants it to change while the other person helps to facilitate that change. Just as there are many definitions of counseling there are many types of counseling with different philosophies.
Doctor assisted suicide is a topic that has recently become a much larger debated issue than before. A timeline put together by Michael Manning and Ian Dowbigging shows that prior to Christianity, doctor assisted suicide was something that was tolerated, and was not heavily questioned (2). Yet, in the 13th century, Thomas Aquinas had made a statement about suicide as well as doctor assisted suicide, and his words shaped the Catholic teaching on suicide into what they teach today. Beginning in the 17th century, Common Law tradition frowned upon suicide, as well as assisting in suicide, and the colonies had adopted the Common Law principles. (2) In 1828, New York passed a law completely outlawing the assistance of suicide, and made it to where whomever assisted in the suicide could be tried for murder. In 1976, California became the first state to allow patients to withdrawal themselves from life saving medicines, and this Natural Death Act was seen as a gateway to assisted suicide. (3-7) As controversy about California 's Natural Death Act increased, Pope John Paul II released a statement in 1980 which opposed to killing someone out of mercy, but allowed the increased use of painkillers (8). Although, in 1994 Oregon passed their Death with Dignity act, and with it came incredible amounts of backlash. Yet, in 2008 Washington state passed the same act to legalize doctor assisted suicide. (10-12)
In 1994, Oregon voters passed the Oregon Death with Dignity Act, which exempted, “from civil or criminal liability physicians who, in compliance with specific safeguards, dispense or prescribe (but not administer) a lethal dose of drugs upon the request of the terminally ill patient.” Oregon, to this day, remains the only state within the Union to allow physician-assisted suicide. In 1997, the United States Supreme Court ruled in a landmark case that, although there was no constitutionally protected right to physician-assisted suicide, states have permitted to pass laws allowing it. Thus, the issue of euthanasia remains widely open to philosophical, political, legal, and ethical challenges.