Tuesday, October 6, 2015

"DEATH WITH DIGNITY" - What are we really talking about?

Last monday California Governor Jerry Brown signed Assembly Bill X2-15, the "End of Life Option Act", into law, ending a 23 year effort to provide what proponents euphemistically refer to as a "death with dignity" option for California residents diagnosed as having less than 6 months to live. The intent of this legislation made the headlines when Brittany Maynard, inflicted with brain cancer and only months to live, moved to Oregon specifically to be allowed to take advantage of that state's Death with Dignity  Act and take her life peacefully with barbiturates.

Attempting to commit suicide was once a criminal act. It has been decriminalized for many decades in most jurisdictions. Assisted suicide remains a criminal act throughout the country except in Oregon, Washington, Vermont, New Mexico, and by next year California. Although both in the U.S. and most of Europe upwards of 75% of people polled expressed being in favor of some form of assisted suicide, the issue remains controversial and emotional. The controversy centers on legal, social, ethical, moral and relikgious points of contention related to suicide and murder. The question is whether there is a legal right for a terminally ill person to end his or her suffering without interference by the state or the convictions of others. In 1997 the U.S. Siupreme Court ruled that state laws against assisting suicide are not unconstitutional. However, it also held that patients have a right to aggressive treatment of pain and other symptoms even if the treatment hastens death.

Advocatess on both sides of the discussion frequently and mistakenly misidentify substantive components of the argument to make their points. All of us may have different opinions on the subject. However, it could help to clarify some of the substantive elements of that discussion, especially those referring to the most emotionally charged terms referring to the methods used to provide the end of life option - euthanasia and physician-assisted suicide.

Euthanasia in Greek means "good death." This term normally implies an  intentional termination of life by an other at the explicit request of the person who wishes to die. The process distinguishes two forms of euthanasia - passive and active. Passive euthanasia is defined as hastening the death of a person by altering some form of support and letting nature take its course. This is generally performed on persons in a persistent vegetative state, terminally ill, or in a coma. Examples are turning off respirators, halting medications, or failure to resuscitate. This practice is often physician directed and, although technically illegal, quite common. Some people accept this approach because there is no need to articulate difficult moral choices. It has also been charged as hypocrisy since society is pretending to shun doctor-assisted suicide while condoning this form of euthanasia without safeguards.

Active euthanasia refers to causing the death of a person through a direct action in response to a request from that person. This method of suicide grabbed the headlines when Doctor Jack Kevorkian publically administered lethal medication to terminally ill Thomas Youk in Michiggan in 1998. Currently  this form of suicide is only legal in two countries: The Netherlands and Belgium. Belgium does not distinguish between passive and active forms of euthanasia.

Physician-assisted suicide, a term used by all states allowing this, is essentially a hybrid between passive and active euthanasia - also know as voluntary passive euthanasia. In this case a physician supplies information and/or the means of committing suicide to a person, allowing that individual to terminate his or her own life. This is a form of voluntary euthanasia, the preferred method authorized by the laws in place in this country. Physicians don't administer the drugs, and the laws mandate strict conditions to prevent abuse.

For critics of death with dignity laws the argument is moral and absolute. Deliberately ending a  human life is wrong, because life is sacred and the endurance of suffering confers its own dignity. For others, the legalization of doctor-assisted dying is the first step on a slippery slope where the vulnerable are threatened and where premature death becomes a cheap alternative to palliative care. These arguments resonate with a lot of people, and it is perhaps important to recognize that even in Europe only four countries allow the end of life option. Proponents argue however that suffering from a terminal illness with no hope of survival, and the prospect of increasingly intolerable agony, affects their quality of life and should allow them to terminate their lives gracefully.

Every year approximately 40,000 people commit suicide in our country, making suicide the nation's 10th leading cause of death. Each suicide costs society about $1 million in medical and lost work expenses and emotionally victimizes an average of 10 other people. Of all patients requesting information and medication allowing them to take advantage of assisted suicide laws 30% ultimately decide against it. One could argue that these laws could actually save some lives because their beneficiaries are forced to go through a more rational process.

Years ago two of my uncles committed suicide. One stepped in front of a train. The other straightened out a very windy road at 100 milers per hour. Their families were devastated. I also had an aunt who suffered from a horribly debilitating decease. She decided to end her life with her family present, allowing everyone to say their good-byes. She died with dignity.

No comments:

Post a Comment