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The following article is from the SAVES newsletter, The
VE Bulletin, Vol 16 No 3, November 99
Focus on the "Hopelessly Ill"
in Law Reform
Most proposals for law reform to allow voluntary euthanasia focus on
the terminally ill or the dying. This is perhaps due to a perception that
it will be easier to succeed with law reform if it is limited to the terminally
ill. Whether this is so can be debated, but there is no necessary conceptual
link between voluntary euthanasia and the dying. To suggest there is ignores
the plight of those who are not dying, but have a quality of life so diminished
that they do have a rational case for requesting assistance to die. Moreover,
this approach leaves the movement open to "slippery slope" claims - first
terminally ill, now hopelessly ill, what next?
The fact that one may be dying does not in itself justify a request
for hastened death. Many experience a rewarding life right up to its closure.
It is also philosophically and medically contentious to suggest that it
is consistently possible to distinguish between patients who are dying
and those who are not. For instance, the ability to predict imminent death
is not always easy, leading to terminology such as "the terminal phase
of a terminal illness" in the
Consent to Treatment and Palliative Care
Act 1995.
The length of time one has left to live is not the sole determinant
of its quality, or the measure of suffering which will be experienced.
In fact those suffering greatly are relatively fortunate if they have only
a short time to live. Their plight is worse the longer they survive.
We must never lose sight of what must be the central focus in seeking
reform, the best interests of a patient for whom no acceptable treatment
is available. It is well understood that physicians have a particular responsibility
towards patients who are hopelessly ill, dying, or in the end stage of
a terminal illness. Courts around the world now accept the view that patients
have the right to die, whether or not they are terminally ill or suffering.
There is a right to withdrawal of treatment for those who are permanently
unconscious, thereby allowing alleviation of an unacceptable situation,
even if the patient is not perceptibly suffering or close to death.
For these reasons SAVES uses the term "hopelessly ill" rather than "terminally
ill", as one of the criteria that would need to be met in legalised voluntary
euthanasia (3,4). The care of the hopelessly ill encounters a dilemma when
the preservation of life is not compatible with the relief of suffering,
and a hopelessly ill patient for whom life has become an intolerable burden
earnestly wishes to die.
The focus on pain alone is also unhelpful in the debate. (1,2) Physical
pain can usually be alleviated at least to some extent. The paramount focus
should be the irreversible loss of a quality of a life worth living, as
determined by the patient. Quality of life refers to more than the patient's
physical condition, and includes life experience and consequent value system.
Any patient who concludes, after thorough medical assessment and exploration
of all available options, that there is no hope of gaining an acceptable
quality of life, should have the choice to relinquish it and receive compassionate
assistance to that end.
The moral case for voluntary euthanasia is based on three major principles:
respect for personal autonomy, compassion for those who are suffering with
no prospect of relief, and concern for the dignity of the person. With
the marked increase in life-span over the last few decades, due to the
outstanding advances in medical technology, the number of people facing
the prospect of prolonged terminal illness, loss of faculties, and total
dependence has inevitably increased. Chances of survival after severe accident
or disease have been improved, but can be accompanied by gross permanent
disability. While death may be postponed for those permanently ill or incapacitated
patients who will still have no prospect of a cure, there is no guarantee
of an acceptable quality of life. We can salute advances in medical technology
while still recognising that it does not guarantee those qualities which
give human life its value.
While we may admire, and even envy, those who have triumphed in spirit
over great suffering in these situations, our compassion should ensure
that we never demand of others that "you should be like them". We each
have the right to face life and death in our own way, according to our
faith and capacity.
It is for these reasons that SAVES endorses the focus on the "hopelessly
ill" in the Anne Levy Bill currently before the SA Parliament. An essential
feature of this bill is that persons requesting euthanasia must be hopelessly
ill, i.e., have an injury or illness that either results in permanent deprivation
of consciousness, or irreversibly impairs the quality of life to the extent
that it becomes intolerable to them.
As Sir Mark Oliphant, patron of this society has argued: "If we choose,
the end of life need not be preceded by intolerable pain, or by senility
and loss of bodily functions. Death with dignity is the right of every
person who faces an incurable, painful or degrading future."
References:
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Wanzer, Sidney H. et al. The Physician's Responsibility to Hopelessly Ill
Patients New Engl J Med 1984; 310.13
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Wanzer, Sidney H. et. al. The Physician's Responsibility to Hopelessly
Ill Patients : A Second Look New Engl J Med 1989; 320.13
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SAVES Fact Sheet No 9.
-
"Voluntary Euthanasia and the Medical Profession: An Invitation to Dialogue".
SAVES 1990
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