Physician Assisted Suicide - the Right to Choose

Physician Assisted Suicide Ð'- The Right To Choose

On April 13, 1999, the most recognized physician performing assisted suicide, Dr, Jack Kevorkian, was sentenced to ten to twenty-five years in prison for second degree murder and three to seven years for delivery of a controlled substance. Assisted suicide happens when a person commits suicide with the help of someone else. Physician assisted suicide is generally pain free and, as some would say, the most peaceful way to die. Should it be the right of terminally ill patients to decide if they want to seek out physician assisted suicide to end their intolerable pain, or should it be up to the courts?

Physician-assisted suicide occurs when a physician facilitates a patient's death by providing the necessary means and/or information to enable the patient to perform the life-ending act (AMA).Each and every human being knows that there will come a time when his or her life will come to an end. When, where, and how are some of the scariest things any of us have to think about. Everyday, people commit suicide because they are too scared to face the life they have ahead of them. Those who fail to actually end their lives are not punished, but are actually pitied and given a tremendous amount of help. What about those people who are too sick, or are in too much pain to actually carry out the act of suicide there selves? Should they be made to suffer for the rest of their lives, even though they might only have a couple of months, even weeks? Dr. Kevorkian, as well as other physicians, offer these kinds of people another option, a painless injection or a few short breaths of carbon monoxide to end all of their suffering. It isn't fair for those of us who aren't suffering, or those of us who have strong religious beliefs, to impose our feelings of what is morally or ethically wrong on the rest of society. Suicide is not an illegal act in this country, no one gets punished for attempting suicide, it's only assisted suicide that is illegal. Ultimately, assisted suicide is a question of choice and empowering people to have control over their own bodies.

The earliest American statute to outlaw assisted suicide was enacted in New York, Act of Dec. 10, 1828. Many of the new states and territories followed New York's example. Between 1857 and 1865, a New York commission led by Dudley Field drafted a criminal code that prohibited "aiding" a suicide and, specifically, "furnishing another person with any deadly weapon or poisonous drug, knowing that such person intends to use such weapon or drug in taking his own life." By the time the Fourteenth Amendment, which prohibits states from denying any person within its jurisdiction the equal protection of the laws, was ratified, it was a crime in most states to assist a suicide. These laws are deeply rooted. In recent years, however, these assisted suicide bans have been reexamined and, reacknowledged. Because of advances in medicine and technology, people today are more likely to die in hospitals from chronic illnesses. Public concern and democratic action are focused on how best to protect dignity and honor at the end of life, there have been many significant changes in state laws and in the attitudes these laws reflect. Many states, for example, now permit "living wills, surrogate health care decision making, and the withdrawal or refusal of life sustaining medical treatment." voters and legislators continue for the most part to backup their states' prohibitions on assisting suicide.

According to a recent survey taken by a Baylor College of Medicine professor in early 1997, some 44.5 percent of ordinary doctors said they favor legalization of Physician Assisted Suicide (PAS), 33.9 percent were opposed and the other 21.6 percent were unsure. The survey is the first nationwide examination of all doctors' views on physician-assisted suicide. Those who identified themselves as conservatives and who considered religion very important opposed physician-assisted suicide in large numbers. Jewish doctors were more inclined to favor legalization, while catholic doctors generally oppose it (The Houston Chronicle). Other surveys of physicians in practice show that about one in five will receive a request for physician assisted suicide sometime in their career.

The American Medical Association (AMA) is the self- regulating group of the American medical profession, made up of doctors and administrative staff. The AMA has long been known for its consistent pro-abortion stand. As a result, the pro-life movement has often been directly at odds with this powerful and influential organization of America's doctors. As the issue of euthanasia, particularly doctor-assisted suicide, has come to the forefront, the AMA has taken a strong position on this controversial subject. With respect to this issue the AMA has taken a firm stand for life. A survey found that at least 61.6 percent of AMA delegates said they are opposed to physician-assisted suicide. "It's a question of whether the ends justify the means," said Dr. Donald Schroeder, an AMA delegate from Eugene, Ore., "I strongly oppose federal intervention, but I'm so opposed to physician-assisted suicide that I support this action"(www.euthansia.com). The House passed the Pain Relief Promotion Act in October of 1999 in part because it was backed by the AMA and its 300,000 doctors. Among other things, the bill requires the Drug Enforcement Administration to revoke the license to prescribe controlled substances, such as barbiturates or morphine, and to pursue criminal charges against doctors who assist the suicide of a terminally ill patient, regardless of state law

California along with Washington State are both known for their many aid-in-dying initiative attempts. Washington State was supported by 47 percent of its voting population to legalize physician assisted suicide in 1991. After California and Washington State both failed to legalize physician assisted suicide, Oregon adjusted their strategies, and their efforts paid off when they became the first jurisdiction anywhere in the world ever to legalize assisted suicide (Assisted Suicide 49). In 1994, voters in the state of Oregon passed what is called the Death with Dignity Act, which went into effect in 1997 (Assisted Suicide 82). The Death with Dignity Act says that a doctor may prescribe, not administer, a lethal dose of medication to a patient who has less than six months to live. Two doctors must agree that the patient is mentally competent and the decision is voluntary.

A report released by the Oregon State Health Division reviewing the first year of the law's implementation found that the law was working well and had not been subject to abuse. During the first