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Can Physician-Assisted Suicide Be Regulated Effectively?

Published online by Cambridge University Press:  01 January 2021

Extract

With breathtalung speed, traditional criminal prohibitions against assisted suicide have been declared unconstitutional in twelve states, including California and New York. This poses great promise and great peril. The promise is that competent terminally ill patients, as a compassionate measure of last resort, will have the option of putting an end to their suffering by physician-assisted suicide (PAS). More sigmficant, legally permitting this controversial option may be a catalyst for doctors, health care institutions, and society to improve the care of the dying. PAS should be limited only to those relatively few competent patients who continue to suffer intolerably despite unrestrained efforts to palliate and who face a continued existence that they regard as worse than death. When dying patients know they will not be abandoned to miserable and pointless suffering if palliative care fails, they will be fortified to cope better with the process of dying.

The immediate peril is that PAS will become a quick fix, available on demand to any patient diagnosed as terminally ill, thus bypassing palliative care and producing premature deaths.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1996

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References

Compassion in Dying v. State of Washington, 79 F.3d 790 (9th Cir. 1996) (en banc); and Quill v. Vacco, 80 F.3d 716 (2nd Cir. 1996).Google Scholar
Miller, F.G.et al., “Regulating Physician-Assisted Death,” N. Engl. J. Med., 331 (1994): 119–23.CrossRefGoogle Scholar
Oregon Death with Dignity Act, Or. Rev. Stat. §§ 127.00 et seq. (1995); 79 F.3d 790; and 80 F.3d 716.Google Scholar
Or. Rev. Stat. § 127.850(3.08) (1995).CrossRefGoogle Scholar
Baron, C.H.et al., “A Model State Act to Authorize and Regulate Physician-Assisted Suicide,” Harvard Journal of Legislation, 33 (1996): At 28.Google Scholar
Or. Rev. Stat. § 127.825(3.03) (1995).Google Scholar
Dillman, R.J.M., “Euthanasia in the Netherlands: The Role of the Dutch Medical Profession,” Cambridge Quarterly of Healthcare Ethics, 5 (1996): 100–06.CrossRefGoogle Scholar
Van der Wal, G.et al., “Euthanasia and Assisted Suicide. I. How Often Is It Practised by Family Doctors in the Netherlands?,” Family Practice, 9 (1992): At 132.Google Scholar
Van der Wal, G.et al., “Euthanasia and Assisted Suicide. II. Do Dutch Family Doctors Act Prudently?,” Family Practice, 9 (1992): At 138–40.CrossRefGoogle Scholar
General Board, Royal Dutch Medical Association, “Vision on Euthanasia,” in Euthanasia in the Netherlands (Utrecht: Royal Dutch Medical Association, 4th ed., 1995): At 34–35.Google Scholar
Dillman, , supra note 7.Google Scholar
Back, A.L.et al., “Physician-Assisted Suicide and Euthanasia in Washington State: Patient Requests and Physician Responses,” JAMA, 275 (1996): 919–25.CrossRefGoogle Scholar
Callahan, D., letter, N. Engl. J. Med., 331 (1994): 1656.CrossRefGoogle Scholar
Callahan, D. White, M., “The Legalization of Physician-Assisted Suicide: Creating a Regulatory Potemkin Village,” University of Richmond Law Review, 30 (1996): 183.Google Scholar
Quill, T.E., “Death and Dignity: A Case of Individualized Decision Making,” N. Engl. J. Med., 324 (1991): 691–14.CrossRefGoogle Scholar
Callahan, White, , supra note 16, at 13.Google Scholar
See Callahan, D., The Troubled Dream of Life (New York: Simon & Schuster, 1993); and Callahan, D., What Kind of Life (New York: Simon & Schuster, 1990).Google Scholar
Callahan, White, , supra note 16, at 56.CrossRefGoogle Scholar
Shavelson, L., A Chosen Death: The Dying Confront Assisted Suicide (New York: Simon & Schuster, 1995): At 212.Google Scholar
Arras, J.D., “On the Slippery Slope in the Empire State: The New York State Task Force on Physician-Assisted Death,” American Philosophical Association Newsletter on Philosophy and Medicine, 95, no. 2 (1996): 8083.Google Scholar
Id. at 83.Google Scholar
Lynn, J., letter, N. Engl. J. Med., 331 (1994): 1657.Google Scholar
Freudenheim, M., “H.M.O.'s Cope with a Backlash on Cost Cutting,” New York Times, May 19, 1996, at 1.Google Scholar
Miller, F.G. Brody, H., “Professional Integrity and Physician-Assisted Death,” Hastings Center Report, 25, no. 3 (1995): 817.Google Scholar
Bachman, J.G.et al., “Attitudes of Michigan Physicians and the Public Toward Legalizing Physician-Assisted Suicide and Voluntary Euthanasia,” N. Engl. J. Med., 334 (1996): 303–09.CrossRefGoogle Scholar
Miller, R.J., “Hospice Care as an Alternative to Euthanasia,” Law, Medicine & Health Care, 20 (1992): 127–32.CrossRefGoogle Scholar
See Campbell, C.S. Hare, J. Matthews, P., “Conflicts of Conscience: Hospice and Assisted Suicide,” Hastings Center Report, 25, no.3 (1995): 3643; and Lee, M.A. Tolle, S.W., “Oregon's Assisted Suicide Vote: The Silver Lining,” Annals of Internal Medicine, 124 (1996): 267–69.CrossRefGoogle Scholar
Post, S.G., “American Culture and Good Death,” in Post, S.G., Inquiries in Bioethics (Washington, D.C.: Georgetown University Press, 1993): At 81.Google Scholar
Lee, Tolle, , supra note 31.Google Scholar
Tulsky, J.A. Alpers, A. Lo, B., “A Middle Ground on Physician-Assisted Suicide,” Cambridge Quarterly of Healthcare Ethics, 5 (1996): 3343.Google Scholar