Giving Death a Helping Hand, Essay Example

According to XLIV 765.309, mercy killing or euthanasia is not an authorized action. No legal statements are meant to be interpreted as a means of authorizing or approving euthanasia or to allow intentional action and omission of terminating of an individual’s life. The sole exception to the law is the situation of a natural death (Birnbacher  & Edgar, 2008).Second, withholding or withdrawing of procedures that prolong the life of an individual will not constitute suicide according to the provisions of XLIV 765.309. Therefore, medically necessary deaths are not deemed as acts of euthanasia and can be decided on by a supervisory party on the behalf of the uncommunicable patient.

The law also states that some situations demand that mercy killing be taken as the last option. Some of the conditions that warrant this decision state that mercy killing can occur:

• When the patient is terminally ill
• When the patient will not benefit from a cure
• When the patient is affected by intolerable pain attributed to an illness or an endured life that is dependent on a technological life support mechanism.
• When the patient experiences a voluntary, enduring, and competent wish for death and has expressed a wish for assisted suicide
• When the patient is unable to terminate life independently

The above requirements are applicable in Finland and Germany where no penalty has been documented with regards to assisted suicide (Birnbacher & Edgar, 2008). In the United States, Maine and Montana have flexible laws prohibiting mercy killing (Blocher, 1999). In Maine, the state legislature is against any form of discrimination for voluntary and physician-assisted mercy killing. In Montana, Judge Dorothy McCarter demonstrated that some patients can be granted the right to a mercy killing after experiencing a terminal illness.

In countries such as Finland, no criminal codes have been put in place that dictates suicide as an illegal action. While Germany has law against these actions, no penalties have been provided on this basis. This demonstrates that in some situations, euthanasia can be a legal practice. For example, terminally ill patients that are still able to make coherent decisions can choose to engage in physician-assisted suicide, or this decision can fall to family members when the patient is unable to communicate on his or her own. Many physicians support the ability for their patients to make their own choices with regards to assisted suicide based on their input. Doctors are able to determine when their patients are suffering and therefore believe that they can offer both them and their families the most reasonable advice with regards to this subject. This is especially the case for patients are showing no signs of recovery and live in constant pain.

Although the “death with dignity” movement is often promoted in the name of compassion and mercy, many individuals believe that it does not constitute true care. Drawing upon his experience as a pastor and bioethicist, Blocher disagrees with this stance, stating that no form of suicide is ethical (Blocher, 1999). Many groups are against euthanasia in the United States, including the Patients’ Rights Council, Choice is an Illusion, the Terri Schiavo Life and Hope Network, the People with Disabilities Opposing Legalized Assisted Suicide, People with Disabilities in Illinois. The Patient’s Rights Council acts to oppose the legalization of euthanasia by providing the public with education programs. Many other organizations have followed suit. This movement has support in several other nations as well, including ethicists, scholars, and religious leaders (Keown, 2005, p. 952-955).

Ultimately, the argument over the “right to death” has many sides. This demonstrates that there are unique cases in which physician-assisted suicide is the correct choice, while it is wrong in others. It is important for individuals and families considering this option to carefully discuss this option with one another, in addition to discussing the matter with a physician. Most states require that the request for assisted suicide be placed in writing several times to ensure that the patient is making the correct choice. Provided that this request is well-thought out and provides ultimate benefit for the individual requesting it, it may be reasonable to allow an individual to engage in this medically-assisted suicide process.

References

Birnbacher, D. & Edgar, D, eds. (2008). Giving Death a Helping Hand: Physician-Assisted Suicide and Public Policy. An International Perspective. NY: Springer.

Blocher, M., (1999). The Right to Die? Caring Alternatives to Euthanasia. Chicago: Moody.

Keown, D. (2005). “End of Life: The Buddhist View.” The Lancet, volume 366.