Maine Assisted Suicide Proposal More Cunning than Caring
By Paul D. Doolan, M.D.
Should a terminally ill adult who is of sound mind be allowed to ask for
and receive help to die? The question is cunning. It avoids the words
³physician-assisted suicide," features the word "terminal" and offers it
in the spirit of a plea. Dying without further inconvenience
embarrassment or distress is equated with death with dignity and all
that is needed is to "skip the dying" by taking a lethal amount of a
drug prescribed by a physician and a law that proclaims this is not
suicide, assisted suicide, homicide or mercy killing. So the patient is
sensible, the physician merciful and it all occurs within a legal
context of enlightened blamelessness and no-fault assurance. It is too
slick and the guile of the question hides the danger contained in the
act.
The title, "An Act to Enact the Maine Death with Dignity Act" is
considered less alarming than its earlier edition, "An Act to Allow
Physician Assisted Deaths for the Terminally Ill." Call it what you
will, this is a civil rights act, a right to die act presented as a plea
on behalf of an elite but intended to serve as a precedent. The elite
are not the grim and very sad cases that one usually thinks of, the
chemotherapy and other treatment failures, the organic brain syndromes,
the severely disabled physically and-or neuromuscularly, for although
worthier of sympathy they fail to qualify and are wide of the point.
This escape route is not based on consent but a decision that amounts to
an insistence. The patient must be physically able to empty 90 capsules
and mix the cumulative 9,000 milligrams (nine grams) with applesauce,
pudding or some other vehicle. To avoid an awkward coma and die within
minutes, the patient must be able to swallow fast enough to ingest a
lethal amount before falling asleep. Death with dignity then becomes
gulping to expire.
This act is death directed and the medical considerations are set at the
level of legality, not best medical care. A physicians worries include:
Does the patient get a prognosis or a sentence? Does the patient know
that terminal is an elastic term depending on conditions and
circumstances? A patient may have terminal (end stage) kidney disease
and live 30 years on dialysis. Does the patient know that incurable is
not untreatable or in the case of the heart, lungs, liver, pancreas,
kidney and bone marrow, replaceable? Is the doctor who writes the
prescription the same one who directed the medical work-up? Will there
be any death reviews, autopsies, quality assurances and how will
compliance be monitored and funded? The sponsors of this act can claim
that these are medical details, not the implementation responsibilities
of a civil rights matter. That may be, but patients must be reminded
that high standards of medical practice are in their best interest and a
part of the trust physicians have earned.
Physicians for centuries have honored an oath that includes not
betraying confidences, seducing the vulnerable or poisoning the patient.
These prohibitions and the goal of human wholeness are what the
doctor-patient relationship is about, not death options. The
doctor-patient relationship is already threatened by cost restraints
verging on rationing, efficiency quotas, fractionalized authority and
liability threats without urging execution as a therapeutic privilege.
This act should be rejected yet again. It has been rejected unanimously
by the Judiciary Committee in the 119th session and 12 to 1 in the 118th
session of the Legislature. This citizens¹ initiative is a last-resort
tactic with the sponsors hoping it will be treated with the impulsivity
and spontaneity of a polling phenomenon. In addition, some might enjoy
the vicarious thrill of trumping our elected legislators who studied it.
Rejection is not, however, restricted to the legislatures of Oregon and
Maine. The select committee of the House of Lords in England heard oral
and written or written submissions from 61 different groups and did a
project site visit to the Netherlands in their study of life prolonging,
brain-dead, life-shortening, death-as-a-process-rather-than-event,
issues.
The New York State Task Force on Life and the Law reviewed the
epidemiology of suicide in the general population; suicide in patients
with cancer, AIDS and the elderly; clinical responses to pain and
suffering; extant law and ethical debate. Both concluded that existing
law not be changed to allow physician-assisted suicide. President
Clinton signed HR 1003, the restriction act that prohibits the use of
federal funds in connection with physician-assisted suicide in virtually
every program from Medicare to medical care in federal prisons.
One would think, since the question has been rejected by every formal
group that has seriously studied it, the matter is settled permanently.
Not so, for the proponents demanding a "right to die" and eliminating
this remaining taboo in an "enlightened" society. Relying on the fear of
death, the suspicion with which it is fashionable to regard health care
providers and the instinctive sense of sympathy in voters, they hope to
win via the initiative especially if thinking can be confined to the
spirit of a slogan or a bumper sticker. They would have you believe that
giving the physician the right to kill (euthanitize is the word required
if working with lab animals) will have no effect on the doctor-patient
relationship.
Lethal dosing will always be a mere accommodation carried out in good
taste. The aged, the poor, the inner-city minorities, the physically
disabled, the addict and others near or in life¹s final chapter need not
be frightened if the doctor or nurse appears at the bedside with a
syringe or handful of different pills.
We must to be realistic, no system is perfect, and whatever mistakes are
made will certainly be fewer than those occurring in our criminal
justice system. That most patients will stay within the established
tradition is understood and proponents deny it will encourage the notion
of "dying as the decent thing to do" or simply a "get out of the way"
gloom. These are the predictable opinions of sponsors of an act intended
for a right-to-die elite who from a fortress of self-centered
high-mindedness, dismiss slippery slopes, casualties and collateral
damage to institutions and agencies.
Physicians and nurses never get used to death no matter how many
witnessed. There is a special aura about the dying and one feels an
instinctive surge of respect. There are many heroes among the dying,
some of whom have contributed to major advances in medical care as well.
We are humbled by the devotion of families and can be proud of the many
agencies and programs dealing with the end-of-life care and take heart
in the serious efforts being made to deal with the ethical concerns
medical progress entails.
What is involved in this act is not the quiet desperation of the usual
suicide but a less than brave defiance with the risk being taken by the
physician and the consequences to be born by the system. This initiative
should be soundly defeated.
Paul D. Doolan, M.D. lives in Phippsburg, Maine.
Source: Bangon (ME) Daily News / Pro-Life Infonet
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