Physician-Aided Suicide, Research Paper Example

Introduction

After the surge of media attention to Jack Kevorkian’s infamous euthanasia cases and the decision to terminate Terri Schiavo’s life support, the subject of physician-assisted dying and euthanasia have been debated countless times amongst state legislatures. It is first prudent to discuss the difference between physician-assisted suicide and euthanasia for the purposes of discussing individual state laws regarding the matter. Euthanasia involves a third party giving the patient his lethal dose or assisting in his death by some other means (Washington.edu, 2009). Physician-Aided Suicide, however, involves the physician prescribing the lethal dose while the patient ultimately decides when, how, and even if he will take it (Washington.edu, 2009) Currently, there are no states that have legalized euthanasia; three states have implemented legislation that legalizes physician-aided suicide, however.

Death With Dignity

Oregon

One of the most notable pieces of legislation regarding the Physician-Aided Suicide is the Death With Dignity Acts in Oregon. Oregon was the first state to vote for the legalization of physician-aided death in 1994. With the full implementation of the law in 1997, Oregon grants physicians the right to prescribe a lethal dose of medication to terminally-ill patients (Washington.edu, 2009).

Washington

In November of 2008, Washington became the second state to legalize physician-assisted suicide through Initiative 1000 (ReligiousTolerance.org, 2010). Semantics played a major part in the campaign to get this bill passed into state law. Proponents of the bill used the term “Death With Dignity”; opponents referred to the bill as “assisted suicide”. By a narrow margin, the proponents won, and the Death with Dignity bill passed.

Montana

On December 31, 2009, Montana’s Supreme Court legalized physician-assisted suicide (PAS) (ReligiousTolerance.org, 2010). Despite religious and disability advocates countering the measure adamantly, the bill passed, allowing physicians the legal province of prescribing a lethal dose to a terminal patient. The case of Baxter v Montana involved Montana’s Supreme Court in interpreting preexisting legislation; the court found neither state nor federal law prevented physicians from prescribing a lethal dose of medication to terminally-ill patients (Washington.edu, 2009). Along with the bill came three requisites that serve as legal and medical guidelines: The first requisite is a determination that the patient is mentally competent and capable of autonomous decision-making. The second requisite is the establishment of a terminal condition in the patient by a qualified physician. Finally, the third requisite limits the role of the physician to merely prescribing the lethal, oral dose of the medication; the physician may not administer the dose (Ibid).

Failed Ballot Initiatives

The legalization of physician-assisted death and euthanasia has been open to several votes amongst individual states.  Between the years of 1992 to 2010, at least 75 bills for legalization were rejected by popular vote (ReligiousTolerance.org, 2010). The closest margins were in California, where the legalization of physician-assisted suicide was rejected by 54% of the population in 1992 (DeathWithDignity.org, 2010). Maine also rejected the proposal of legalized physician-aided death by 51% in 2000 (DeathWithDignity.org, 2010.).

References

Barber, Melissa. “Atul Gawande: How to Talk About End-of-Life Care”. (2010). Retrieved on October 22, 2010 from DeathWithDignity.org: http://www.deathwithdignity.org/

Barber, Melissa. “Why are Medical Professionals Slow to Adapt to Death With Dignity Laws?”. (2010). Retrieved on October 22, 2010 from DeathWithDignity.org: http://www.deathwithdignity.org/2010/10/06/medical-professionals-slow-adapt/

“Physician Aid-In-Dying”. (2010). Ethics in Medicine. Retrieved on October 22, 2010 from Washington.edu: http://depts.washington.edu/bioethx/topics/pad.html#ques12

“Euthanasia & Physician Assisted Suicide (PAS): All Sides to the Issue”.  (2010). Retrieved on October 22, 2010 from ReligiousTolerance.org: http://www.religioustolerance.org/euthanas.htm