Canadian physicians warned to get ready for euthanasia and assisted suicide

Sean Murphy

Protection of Conscience Project
Protection of Conscience Project

Three physicians and a lawyer have written an article published in the May issue of the Canadian Medical Association Journal.[1] The lead author, Dr. James Downar, is co-chair of a euthanasia/assisted suicide advocacy group.

Anticipating a change in the law, the authors warn that “well-rehearsed debates” about sanctity of life and personal autonomy “may become obsolete.”

“We need to start to answer some challenging questions in preparation for the possibility that physician-assisted death will be available in Canada soon,” they write.

Among the questions they pose, one raises two particularly sensitive issues:

Will physicians who are conscientious objectors be obliged to present physician-assisted death as an option to patients and facilitate transfers of patients to other physicians or facilities?

As a matter of law and ethics, physicians are expected to advise patients of all reasonable legal options for treatment so that patients can provide informed consent to it.  However, many physicians who are strongly opposed to euthanasia and assisted suicide may view the “presentation of an option” for either procedure as inherently abusive of vulnerable patients.  This problem does not usually arise with respect to other morally contested procedures, like abortion or contraception.

A requirement to “facilitate transfers” of patients would probably be acceptable if it involved only the kind of  cooperation normally involved in the transfer of records when a patient is taken on by a different physician; this is all that is required in Belgium, Oregon and Washington State.  However, a demand that objecting physicians refer patients or actively initiate transfers would be resisted by those who would consider such actions to involve unacceptable complicity in killing.  The Supreme Court of the Philippines recognized this issue when it struck down a mandatory referral requirement in the country’s Reproductive Health Law as an unconstitutional violation of freedom of conscience.

Murphy S. Canadian physicians warned to get ready for euthanasia and assisted suicide [Internet]. Powell River, BC: Protection of Conscience Project; 2014 May 13 [Updated 2021 Mar 09].

Notes

1. Downar J, Bailey TM, Kagan J, Librach SL.  Physician-assisted death: time to move beyond Yes or No.  CMAJ 2014 May 13;186(8):567-8. doi: 10.1503/cmaj.140204. Epub 2014 Apr 7.

Dignity, death, and dilemmas: A study of Washington hospices and physician-assisted death

Courtney S. Campbell, Margaret A. Black

Journal of Paint and Symptom Management
Journal of Paint and Symptom Management

Abstract
The legalization of physician-assisted death in states such as Washington and Oregon has presented defining ethical issues for hospice programs because up to 90% of terminally ill patients who use the state-regulated procedure to end their lives are enrolled in hospice care. The authors recently partnered with the Washington State Hospice and Palliative Care Organization to examine the policies developed by individual hospice programs on program and staff participation in the Washington Death with Dignity Act. This article sets a national and local context for the discussion of hospice involvement in physician-assisted death, summarizes the content of hospice policies in Washington State, and presents an analysis of these findings. The study reveals meaningful differences among hospice programs about the integrity and identity of hospice and hospice care, leading to different policies, values, understandings of the medical procedure, and caregiving practices. In particular, the authors found differences 1) in the language used by hospices to refer to the Washington statute that reflect differences among national organizations, 2) the values that hospice programs draw on to support their policies, 3) dilemmas created by requests by patients for hospice staff to be present at a patient’s death, and 4) five primary levels of noninvolvement and participation by hospice programs in requests from patients for physician-assisted death. This analysis concludes with a framework of questions for developing a comprehensive hospice policy on involvement in physician-assisted death and to assist national, state, local, and personal reflection.


Campbell CS, Black MA. Dignity, death, and dilemmas: A study of Washington hospices and physician-assisted death. J Pain Symptom Manage. 2013 Jul 3. pii: S0885-3924(13)00270-4. doi: 10.1016/j.jpainsymman.2013.02.024. [Epub ahead of print]

Euthanasia is not medical treatment

J Donald Boudreau, Margaret A. Somerville

British Medical Bulletin
British Medical Bulletin

Abstract
Introduction or background

The public assumes that if euthanasia and assisted suicide were to be legalized they would be carried out by physicians.
Sources of data
In furthering critical analysis, we supplement the discourse in the ethics and palliative care literature with that from medical education and evolving jurisprudence.
Areas of agreement
Both proponents and opponents agree that the values of respect for human life and for individuals’ autonomy are relevant to the debate.
Areas of controversy
Advocates of euthanasia and assisted suicide give priority to the right to personal autonomy and avoid discussions of harmful impacts of these practices on medicine, law and society. Opponents give priority to respect for life and identify such harmful effects. These both require euthanasia to remain legally prohibited.
Growing points
Proposals are emerging that if society legalizes euthanasia it should not be mandated to physicians.
Areas timely for developing research
The impact of characterizing euthanasia as ‘medical treatment’ on physicians’ professional identity and on the institutions of medicine and law should be examined in jurisdictions where assisted suicide and euthanasia have been de-criminalized.


Boudreau JD, Somerville MA. Euthanasia is not medical treatment. Br Med Bull. 2013;106(1):45-66.

(Correspondence) Redefining Physicians’ Role in Assisted Dying

Edward Lowenstein, Marcia Angell

New England Journal of Medicine, NEJM
New England Journal of Medicine

Extract
To the Editor: As two of the original petitioners to bring a Death with Dignity Act before Massachusetts voters, we are pleased that Prokopetz and Lehmann believe “there is a compelling case for legalizing assisted dying,” as they state in their Perspective article (July 12 issue).1 However, we oppose their idea that physicians who agree that assisted dying is sometimes indicated might outsource the actual writing of the prescription to a government agency, presumably because they find that final step “incompatible with the physician’s role as healer” (in the words of the statement on the subject by the American Medical . . .


Angell M., Lowenstein E. Letter re: Redefining Physicians’ Role in Assisted Dying. N Engl J Med 2013; 368:485-486 January 31, 2013 DOI: 10.1056/NEJMc1209798

Assisted dying – the current situation in Flanders: euthanasia embedded in palliative care

Paul Vanden Berghe, Arsène Mullie, Marc Desmet, Gert Huysmans

European Journal of Palliative Care
European Journal of Palliative Care

Journal Summary
In Flanders (the Dutch-speaking, northern part of Belgium), in the course of the last ten years, physician-assisted dying and euthanasia have become embedded in palliative care. Paul Vanden Berghe, Arsène Mullie, Marc Desmet and Gert Huysmans, from the Federation of Palliative Care Flanders, describe how this major change happened and what issues it raises.


Berghe PV, Mullie A, Desmet M, Huysmans G. Assisted dying – the current situation in Flanders: euthanasia embedded in palliative care. European J Palliative Care. 2013;20(6):266-272.

Death by request in Switzerland: Post-traumatic stress disorder and complicated grief after witnessing assisted suicide

B Wagner, J Müller, A Maercker

European Psychiatry
European Psychiatry

Abstract
Background
: Despite continuing political, legal and moral debate on the subject, assisted suicide is permitted in only a few countries worldwide. However, few studies have examined the impact that witnessing assisted suicide has on the mental health of family members or close friends.
Methods: A cross-sectional survey of 85 family members or close friends who were present at an assisted suicide was conducted in December 2007. Full or partial Post-Traumatic Distress Disorder (PTSD; Impact of Event Scale–Revised), depression and anxiety symptoms (Brief Symptom Inventory) and complicated grief (Inventory of Complicated Grief) were assessed at 14 to 24 months post-loss.
Results:
Of the 85 participants, 13% met the criteria for full PTSD (cut-off 35), 6.5% met the criteria for subthreshold PTSD (cut-off 25), and 4.9% met the criteria for complicated grief. The prevalence of depression was 16%; the prevalence of anxiety was 6%.
Conclusion:
A higher prevalence of PTSD and depression was found in the present sample than has been reported for the Swiss population in general. However, the prevalence of complicated grief in the sample was comparable to that reported for the general Swiss population. Therefore, although there seemed to be no complications in the grief process, about 20% of respondents experienced full or subthreshold PTSD related to the loss of a close person through assisted suicide.


Wagner B, Müller J, Maercker A. Death by request in Switzerland: Post-traumatic stress disorder and complicated grief after witnessing assisted suicide. European Psychiatry. 2012; 27(7): 542-546.

Recognizing conscience in abortion provision

Lisa Harris

New England Journal of Medicine, NEJM
New England Journal of Medicine

Extract
The exercise of conscience in health care is generally considered synonymous with refusal to participate in contested medical services, especially abortion. This depiction neglects the fact that the provision of abortion care is also conscience-based. The persistent failure to recognize abortion provision as “conscientious” has resulted in laws that do not protect caregivers who are compelled by conscience to provide abortion services, contributes to the ongoing stigmatization of abortion providers, and leaves theoretical and practical blind spots in bioethics with respect to positive claims of conscience — that is, conscience-based claims for offering care, rather than for refusing to provide it.


Harris L. Recognizing conscience in abortion provision. N Engl J Med 2012; 367:981-983

Redefining Physicians’ Role in Assisted Dying

Julian J.Z. Prokopetz, Lisa Soleymani Lehmann

New England Journal of Medicine, NEJM
New England Journal of Medicine

Journal Summary
Data from places with legal assisted dying have allayed concerns about potential abuses and patient safety, but a lingering challenge comes from the medical establishment. Creating a centralized mechanism for prescribing lethal medication could overcome this hurdle.


Prokopetz JJZ, Lehmann LS. Redefining Physicians’ Role in Assisted Dying.  N Engl J Med 2012;  367:97-99 July 12, 2012

What makes killing wrong?

Walter Sinnott-Armstrong, Franklin G Miller

Journal of Medical Ethics
Journal of Medical Ethics

Abstract
What makes an act of killing morally wrong is not that the act causes loss of life or consciousness but rather that the act causes loss of all remaining abilities. This account implies that it is not even pro tanto morally wrong to kill patients who are universally and irreversibly disabled, because they have no abilities to lose. Applied to vital organ transplantation, this account undermines the dead donor rule and shows how current practices are compatible with morality.


Sinnott-Armstrong W, Miller FG. What makes killing wrong? J Medical Ethics 2013;39:3-7.

‘To thine own self be true’: On the loss of integrity as a kind of suffering

Henri Wijsbek

Bioethics
Bioethics

Abstract
One of the requirements in the Dutch regulation for euthanasia and assisted suicide is that the doctor must be satisfied ‘that the patient’s suffering is unbearable, and that there is no prospect of improvement.’ In the notorious Chabot case, a psychiatrist assisted a 50 year old woman in suicide, although she did not suffer from any somatic disease, nor strictly speaking from any psychiatric condition. In Seduced by Death, Herbert Hendin concluded that apparently the Dutch regulation now allows physicians to assist anyone in suicide simply because he or she is unhappy. In this paper, I reject Hendin’s conclusion and in particular his description of Mrs Boomsma as someone who was ‘simply unhappy.’ After a detailed narration of her lifestory, I turn to the American philosopher Harry Frankfurt’s account of volitional incapacity and love for a more accurate characterization of her suffering. Having been through what she had, she could only go on living as another person than the one she had been when she was a happy mother. That would have violated her integrity, and that she could not bring herself to do.


Wijsbek H. ‘To thine own self be true’: On the loss of integrity as a kind of suffering. Bioethics. 2012 Jan;26(1):1-7.