In
2014 Brittany Maynard became a household name when she left
California and moved to Oregon to take advantage of Oregon’s Death with Dignity
Act. Ms. Maynard had brain cancer and was given less than six months to live. Instead
of allowing her disease to consume her, she made the decision to end her life
on her own terms.
Oregon has had legislation in favor
of physician-assisted death since 1997. Oregon’s Death
with Dignity Act gives
physicians the ability to prescribe lethal drugs to individuals with less than
six months to live. The individuals must be “of sound mind” when the decision
is made and wait fifteen days, through a “cooling off” period, before any
procedure is started. Patients must
self-administer the drugs to avoid voluntary euthanasia, which is defined as the act of
assisting someone with their death in order to end their suffering.
Voluntary
euthanasia is not allowed in any U.S. State, unlike physician-assisted death.
Oregon is not the only U.S. state
that allows terminally ill individuals to determine how and when they die. Both Washington and Vermont have legalized physician-assisted dying
through state law since 2009 and 2013 respectively. The laws in these states
have similar requirements to the law in Oregon. Montana County and Bernalillo
County in New Mexico also have laws governing physician-assisted death. The
court rulings mandating these laws are from 2009 and 2014 respectively. At the
time of this article’s writing, several states in the country currently have “Death
with Dignity” type legislation pending before state legislators.
The U.S. is not alone in debating
the controversial topic of physician-assisted death. Earlier this year, The Economist commissioned IPSOS, a market research
company, to conduct research in fifteen countries regarding each country’s view
on the subject. Out of the fifteen countries surveyed, only Russia and Poland
did not have a majority vote in favor of either self-administered or physician-administered
assistance in dying. The two countries with the least restrictive legislation
in favor of physician-assisted dying are the Netherlands and Belgium. The
Netherlands’ legislation allows for physicians to assist individuals who
experience “unbearable suffering with no prospect of improvement,” and
terminally ill children over the age of twelve with parental consent, to
peacefully end their life. Belgium’s legislation is viewed as the most
accommodating for sick individuals wishing to humanely end their life. Last
year the country eliminated all age restrictions, however children may only
receive life-ending assistance if they are near-death or in great pain.
Even though approval for physician-assisted
dying is seemingly growing not just in the U.S., but globally as well, there
are still many arguments against legalization of the practice. Proponents acknowledge
the value of human autonomy and the importance of an individual being able to
make decisions regarding their life for themselves. Opponents, on the other
hand, recognize the significance of a person making their own decisions
regarding their care, they also believe that human autonomy is not absolute. In
a position paper published by The American College of
Physicians-American Society of Internal Medicine, the author writes, “just as
society can direct that no one has the right to sell himself or herself into
slavery, so too can society direct that no one has a right to assistance with
suicide.” Many believe that by allowing a person to ultimately choose when they
die, and having a physician assist in that choice, the relationship between
physician and patient is tarnished. The paper goes on to argue the goal of a
physician should be to make a patient as comfortable as possible during their
last living moments and to empathize with the patient, not to administer a life
ending procedure.
Another argument against
legalization of physician-assisted death is a concern seen time and time again
within healthcare, centered on the potential of misuse and abuse on behalf of
the physicians in states that have legalized assistance with dying. Although
the arguments are completely valid and well placed, legislation governing
physician-assisted death is heavily regulated and many requirements must be met
before a physician is able to administer the lethal dose of drugs that will be
utilized by the patient to ultimately end their life.
Physician-assisted death has been
around much longer than society would like to acknowledge. It is only within
the last twenty years that there has been legislation in the U.S. governing a
practice that has been prevalent in hospitals and within hospices for decades.
The act of making a patient “more comfortable” during their last moments alive
always has the potential of terminating their life. The ultimate decision of
whether or not physician-assisted death is legalized lies with each individual
state, however, regardless of whether or not the state’s legislators are
proponents or opponents of legalization, in a society that values a person’s
dignity and comfort at the end of their life, these practices will continue to
exist.
Originally
from South Jersey, Tamalyn attended Loyola University Chicago where she
received a B.A. in Political Science and a B.S. in Criminal Justice &
Criminology. A Health Law Fellow and current 2L from DePaul University
College of Law, she has a passion for Health Law Policy and Healthcare
Compliance.