PRO Euthanasia or Physician-Assisted Suicide CON Euthanasia or Physician-Assisted Suicide 1. Right to Die PRO: "The right of a competent, terminally ill person to avoid excruciating pain and embrace a timely and dignified death bears the sanction of history and is implicit in the concept of ordered liberty. The exercise of this right is as central to personal autonomy and bodily integrity as rights safeguarded by this Court's decisions relating to marriage, family relationships, procreation, contraception, child rearing and the refusal or termination of life-saving medical treatment. In particular, this Court's recent decisions concerning the right to refuse medical treatment and the right to abortion instruct that a mentally competent, terminally ill person has a protected liberty interest in choosing to end intolerable suffering by bringing about his or her own death. CON: "The history of the law's treatment of assisted suicide in this country has been and continues to be one of the rejection of nearly all efforts to permit it. That being the case, our decisions lead us to conclude that the asserted 'right' to assistance in committing suicide is not a fundamental liberty interest protected by the Due Process Clause." -- Washington v. Glucksberg (PDF) 62.8KB U.S. Supreme Court Majority Opinion 1997 A state's categorical ban on physician assistance to suicide -- as applied to competent, terminally ill patients who wish to avoid unendurable pain and hasten inevitable death -- substantially interferes with this protected liberty interest and cannot be sustained." -- American Civil Liberties Union Amicus Brief, Vacco v. Quill 1996 2. Patient Suffering at End-of-Life PRO: "At the Hemlock Society we get calls daily from desperate people who are looking for someone like Jack Kevorkian to end their lives which have lost all quality... Americans should enjoy a right guaranteed in the European Declaration of Human Rights -- the right not to be forced to suffer. It should be considered as much of a crime to make someone live who with justification does not wish to continue as it is to take life without consent." -- Faye Girsh, Ed.D. Senior Adviser, Final Exit Network "How Shall We Die," Free Inquiry Winter 2001 CON: "Activists often claim that laws against euthanasia and assisted suicide are government mandated suffering. But this claim would be similar to saying that laws against selling contaminated food are government mandated starvation. Laws against euthanasia and assisted suicide are in place to prevent abuse and to protect people from unscrupulous doctors and others. They are not, and never have been, intended to make anyone suffer." -- International Task Force on Euthanasia and Assisted Suicide "Euthanasia and Assisted Suicide: Frequently Asked Questions," www.internationaltaskforce.org Aug. 9, 2006 3. Slippery Slope to Legalized Murder PRO: "Especially with regard to taking life, slippery slope arguments have long been a feature of the ethical landscape, used to question the moral permissibility of all kinds of acts... The situation is not unlike that of a doomsday cult that predicts time and CON: "In debates with those bioethicists and physicians who believe that euthanasia is both deeply compassionate and also a logical way to cut health care costs, I am invariably scorned when I mention 'the slippery slope.' When the states legalize the deliberate again the end of the world, only for followers to discover the next day that things are pretty much as they were... ending of certain lives -- I try to tell them -- it will eventually broaden the categories of those who can be put to death with impunity. We not only can distinguish between [voluntary and non-voluntary] cases [of euthanasia] but do... I am told that this is nonsense in our age of highly advanced medical ethics. And American advocates of euthanasia often point to the Netherlands as a model -a place where euthanasia is quasi-legal for patients who request it... We need the evidence that shows that horrible slope consequences are likely to occur. The mere possibility that such consequences might occur, as noted earlier, does not constitute such evidence." -- R.G. Frey, D.Phil. Professor of Philosophy, Bowling Green State University "The Fear of a Slippery Slope," Euthanasia and Physician-Assisted Suicide: For and Against 1998 Yet the September 1991 official government Remmelink Report on euthanasia in the Netherlands revealed that at least 1,040 people die every year from involuntary euthanasia. Their physicians were so consumed with compassion that they decided not to disturb the patients by asking their opinion on the matter." -- Nat Hentoff Columnist, The Village Voice "The Slippery Slope of Euthanasia," The Washington Post Oct. 3, 1992 4. Hippocratic Oath and Prohibition of Killing PRO: "If the prevention and relief of suffering are the aims of medical interventions -- and not only the preservation or prolongation of life -- it seems imperative to rethink our profession's reluctance to participate in euthanasia or even be present during an assisted suicide without legal guarantees of protection. Many opponents of these practices point to the Hippocratic Oath and its prohibition on hastening death. But those who turn to the oath in an effort to shape or legitimize their ethical viewpoints must realize that the statement has been embraced over approximately the past 200 years far more as a symbol of professional cohesion than for its content. Its pithy sentences cannot be used as all-encompassing maxims to avoid the personal responsibility inherent in the practice of medicine. Ultimately, a physician's conduct at the bedside is a matter of individual conscience. The wisdom of past years and moments enters into the deliberation, but decision making in the present bears a burden that is unique to the particular transaction between the doctor and the individual patient who has come for help. To seek refuge in ancient aphorisms is to turn away from the unique needs of each of our patients who have entrusted themselves to our care." -- Sherwin Nuland, MD Clinical Professor of Surgery, Yale School of Medicine "Physician-Assisted Suicide and Euthanasia in Practice," New England Journal of Medicine Feb. 24, 2000 CON: "The prohibition against killing patients ... stands as the first promise of self-restraint sworn to in the Hippocratic Oath, as medicine's primary taboo: 'I will neither give a deadly drug to anybody if asked for it, nor will I make a suggestion to this effect'... In forswearing the giving of poison when asked for it, the Hippocratic physician rejects the view that the patient's choice for death can make killing him right. For the physician, at least, human life in living bodies commands respect and reverence -- by its very nature. As its respectability does not depend upon human agreement or patient consent, revocation of one's consent to live does not deprive one's living body of respectability. The deepest ethical principle restraining the physician's power is not the autonomy or freedom of the patient; neither is it his own compassion or good intention. Rather, it is the dignity and mysterious power of human life itself, and therefore, also what the Oath calls the purity and holiness of life and art to which he has sworn devotion." -- Leon Kass, MD, PhD Addie Clark Harding Professor, Committee on Social Thought and the College, University of Chicago "Neither For Love Nor Money," Public Interest 1989 5. Government Involvement in End-of-Life Decisions PRO: "We'll all die. But in an age of increased longevity and medical advances, death can be suspended, sometimes indefinitely, and no longer slips in according to its own immutable timetable. So, for both patients and their loved ones, real decisions are demanded: When do we stop doing all that we can do? When do we withhold which therapies and allow nature to take its course? When are we, through our own indecision and fears of mortality, allowing wondrous medical methods to perversely prolong the dying rather than the living? These intensely personal and socially expensive decisions should not be left to governments, judges or legislators better attuned to highway funding." -- Los Angeles Times Editorial: "Planning for Worse Than Taxes" Mar. 22, 2005 CON: "Cases like Schiavo's touch on basic constitutional rights, such as the right to live and the right to due process, and consequently there could very well be a legitimate role for the federal government to play. There's a precedent--as a result of the highly publicized deaths of infants with disabilities in the 1980s, the federal government enacted 'Baby Doe Legislation,' which would withhold federal funds from hospitals that withhold lifesaving treatment from newborns based on the expectation of disability. The medical community has to have restrictions on what it may do to people with disabilities--we've already seen what some members of that community are willing to do when no restrictions are in place." -- Not Dead Yet "End of Life Planning: Q & A with Disabilities Advocate," Reno Gazette-Journal Nov. 22, 2003 6. Palliative (End-of-Life) Care PRO: "Palliative care has been the main beneficiary of the Oregon Death with Dignity Act [which legalized physician-assisted suicide] so far. Since its passage, we've seen a great resurgence of interest in the medical community in palliative care. Hospice referrals have increased by 20 percent, and now Oregon leads the nation in prescription of morphine. This has a salutary effect on end of life care." -- Barbara Coombs Lee, JD President, Compassion & Choices "A Right to Die?," PBS Newshour Nov. 26, 1997 CON: "Once a patient has the means to take their own life, there can be decreased incentive to care for the patient's symptoms and needs. The case of Michael Freeland is an example. Michael had been given a lethal prescription and when his doctors were planning for his discharge to his home from the hospital, one physician wrote that while he probably needed attendant care at home, providing additional care may be a 'moot point' because he had 'life-ending medication'. His assisted suicide doctor did nothing to care for his pain and palliative care needs. This seriously ill patient was receiving poor advice and medical care because he had lethal drugs." -- Physicians for Compassionate Care "Top 10 FAQs," www.pccef.org 2006 7. Healthcare Spending Implications PRO: "Even though the various elements that make up the American healthcare system are becoming more circumspect in ensuring that money is not wasted, the cap that marks a zero-sum healthcare system is largely absent in the United States... Considering the way we finance healthcare in the United States, it would be hard to make a case that there is a financial imperative compelling us to adopt physician-assisted suicide in an effort to save money so that others could benefit." -- Merrill Matthews, Jr., PhD Director, Center for Health Policy Studies CON: "Cost containment well could become the engine that pulls the legislative train along the track to death on demand. Those who advocate dismantling the barriers that now protect patients from assisted suicide recognize the power of cost containment." -- Rita Marker, JD Executive Director, International Task Force on Euthanasia and Assisted Suicide "Assisted Suicide and Cost Containment," www.internationaltaskforce.org 1999 "Would Physician-Assisted Suicide Save the Healthcare System Money?," Physician Assisted Suicide: Expanding the Debate 1998 8. Social Groups at Risk of Abuse PRO: "To date, persons who have chosen to use the [Oregon Death with Dignity] law have been well educated, have had excellent health care, have had good insurance, have had access to hospice and have been well supported financially, emotionally and physically." -- Death With Dignity National Center "Frequently Asked Questions," www.deathwithdignity.org Jan. 22, 2006 CON: "Assisted suicide and euthanasia would carry us into new terrain. American society has never sanctioned assisted suicide or mercy killing. We believe that the practices would be profoundly dangerous for large segments of the population, especially in light of the widespread failure of American medicine to treat pain adequately or to diagnose and treat depression in many cases. The risks would extend to all individuals who are ill. They would be most severe for those whose autonomy and well-being are already compromised by poverty, lack of access to good medical care, or membership in a stigmatized social group. The risks of legalizing assisted suicide and euthanasia for these individuals, in a health care system and society that cannot effectively protect against the impact of inadequate resources and ingrained social disadvantage, are likely to be extraordinary." -- New York State Task Force on Life and the Law "When Death is Sought - Assisted Suicide and Euthanasia in the Medical Context," http://newyorkhealth.gov 1994 9. Physician's Role as Patients Approach Death PRO: "Suicide assisted by a humane physician spares the patient the pain and suffering that may be part of the dying process, and grants the patient a 'mercifully' easy death... The most plausible party for providing such assistance [in death] is the physician. It is the physician who has access to drugs, who has specialized knowledge of appropriate dosages, and who knows how to prevent side effects such as nausea and vomiting. Equally important, the physician can be a source of emotional support for both patient and family. Seen in this light, the right to assistance in suicide is plausibly construed as the dying patient's right to help from his or her own physician, at least where there is a personal physician who knows the patient well, who has been directly, extensively, and intimately connected with and responsible for that person's care, who may know the family, and who understands, better than any other physician or other party able to provide assistance in suicide, that person's hopes, fears, and wishes about how to die." -- Margaret Battin, PhD CON: "It is understandable, though tragic, that some patients in extreme duress -- such as those suffering from a terminal, painful, debilitating illness -- may come to decide that death is preferable to life. However, permitting physicians to engage in euthanasia would ultimately cause more harm than good. Euthanasia is fundamentally incompatible with the physician's role as healer, would be difficult or impossible to control, and would pose serious societal risks. The involvement of physicians in euthanasia heightens the significance of its ethical prohibition. The physician who performs euthanasia assumes unique responsibility for the act of ending the patient's life. Euthanasia could also readily be extended to incompetent patients and other vulnerable populations. Instead of engaging in euthanasia, physicians must aggressively respond to the needs of patients at the end of life. Patients should not be abandoned once it is determined that cure is impossible. Patients near the end of life must continue to receive emotional support, comfort care, adequate pain control, respect for patient Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine, Division of Medical Ethics, University of Utah "Is a Physician Ever Obligated to Help a Patient Die?," Regulating How We Die 1998 autonomy, and good communication." -- American Medical Association Policy E-2.21 Euthanasia, www.ama-assn.org 1996 10. Value of Life as Patients Approach Death PRO: "Life itself is commonly taken to be a central good for persons, often valued for its own sake, as well as necessary for pursuit of all other goods within a life. But when a competent patient decides to forgo all further life-sustaining treatment then the patient, either explicitly or implicitly, commonly decides that the best life possible for him or her with treatment is of sufficiently poor quality that it is worse than no further life at all. Life is no longer considered a benefit by the patient, but has now become a burden. The same judgement underlies a request for euthanasia: continued life is seen by the patient as no longer a benefit, but now a burden. Especially in the often severely compromised and debilitated states of many critically ill or dying patients, there is no objective standard, but only the competent patient's judgment of whether continued life is no longer a benefit." CON: "The equality-of-human-life ethic requires that each of us be considered of equal inherent moral worth, and it makes the preservation and protection of human life society's first priority. Accepting euthanasia would replace the equality-ofhuman-life ethic with a utilitarian and nihilistic 'death culture' that views the intentional ending of certain human lives as an appropriate and necessary answer to life's most difficult challenges... [T]he dire consequences that would flow from such a radical shift in morality are profound and disturbing." -- Wesley Smith, JD Consultant, International Anti-Euthanasia Task Force "Introduction," Forced Exit 1997 -- Dan Brock, PhD Frances Glessner Lee Professor of Medical Ethics and Director of the Division of Medical Ethics, Harvard Medical School "Voluntary Active Euthanasia," Hastings Center Report 1992 PRO Euthanasia or Physician-Assisted Suicide CON Euthanasia or Physician-Assisted Suicide