Death, Society, and Human Experience 9th Edition Robert Kastenbaum This multimedia product and its contents are protected under copyright law. The following are prohibited by law: •Any public performance or display, including transmission of any image over a network; •Preparation of any derivative work, including the extraction, in whole or in part, or any images; •Any rental, lease, or lending of the program. • Copyright © Allyn & Bacon 2007 Chapter Nine: Euthanasia, Assisted Death, Abortion, and the Right to Die This multimedia product and its contents are protected under copyright law. The following are prohibited by law: •Any public performance or display, including transmission of any image over a network; •Preparation of any derivative work, including the extraction, in whole or in part, or any images; •Any rental, lease, or lending of the program. • Copyright © Allyn & Bacon 2007 Key Terms • Hippocratic Oath – an ancient, optional code of ethical principles • Euthanasia – intentional shortening of the life of a person or animal to spare further suffering • Active Euthanasia – taking some action to cause death • Passive Euthanasia – withholding treatment that might prolong life (generally tolerated by society) • Key question: Should actions be introduced, continued, done, or discontinued? Copyright © Allyn & Bacon 2007 Key Terms Terminal Sedation – relieving dying patients’ distress by keeping them in a deep sedation or coma until death • An alternative to active euthanasia • Called “slow euthanasia” • Liberty Principle – individuals can make their own decisions • Informed Consent – patients must be fully informed before proceeding with treatments • Competence – the mental ability to understand the information and make a rational decision • Copyright © Allyn & Bacon 2007 Key Terms • • • Nazi “euthanasia” – the false name given to the murder of innocent people and associated genocide Black Stork – The movement in the U.S. in the early 1900s to allow “defective” infants to die Eugenics – The movement aimed at sterilizing people with “defective genes” • Led to other ideas, such as letting “defective” infants die and ending the lives of “incurable” patients • Slippery Slope Argument – Opposing any instance of assisted death because it could contribute to widespread abuse in other instances Copyright © Allyn & Bacon 2007 Right-To-Die Cases • Estimated that 10,000 to 35,000 Americans exist in persistent vegetative states • Estimated that another 150,000 have minimal consciousness syndrome • In the news: Karen Ann Quinlan, Debbie, Nancy Cruzan, Terri Schiavo • Not in the news: People in similar situations who are not young, white, attractive females Copyright © Allyn & Bacon 2007 Right-To-Die Cases: Karen Ann Quinlan • Suffered severe, irreversible brain damage as a result of oxygen deprivation (April 14, 1975) • Spent months on a ventilator, dropped to 60-pounds, curled into a fetal position, in a “persistent vegetative state” • Parents asked physicians to turn off ventilator; they refused • Parents took their request to court; it was denied • New Jersey Supreme Court ruled that a ventilator could be turned off if physicians agreed that the patient had no reasonable chance of regaining consciousness • The ventilator was removed (in 1976) • She remained alive until she had pneumonia in 1985 Copyright © Allyn & Bacon 2007 Right-To-Die Cases: Debbie • Story published in the Journal of the American Medical Association in 1988 by “Anonymous” • Debbie, 20 years old, dying of ovarian cancer, emaciated, hadn’t eaten or slept in two days, hadn’t responded to chemotherapy, breathing with great difficulty • Her only words to the doctor were “Let’s get this over with.” • The doctor gave her a lethal injection Copyright © Allyn & Bacon 2007 Kastenbaum’s Issues With Debbie’s Case • The physician had no prior acquaintance with the patient • The physician was fatigued, had high anxiety, and make a quick decision • The room’s atmosphere made an impact on the physician • The nurse was ordered to prepare a lethal injection • The physician could have provided non-lethal relief or halted the procedure that produced distressing symptoms • The physician could have tried more communication • The physician projected his/her own feelings and didn’t seem to be concerned with “leave taking” Copyright © Allyn & Bacon 2007 Right-To-Die Cases: Nancy Cruzan • 26 y.o., auto accident, brain trauma, oxygen deprivation • Maintained with feeding tube; no communication • Parents decided to stop tube feeding; hospital refused without court order • U.S. Supreme Court ruling: a competent person had the right to refuse medical treatment, and if the person wasn’t competent the State could decide what constituted clear evidence of the person’s wishes • Nancy’s physician withdrew his opposition after 6 years • Nancy died after the tubes were removed Copyright © Allyn & Bacon 2007 Right-To-Die Cases: Terri Schiavo • Suffered a heart attack (2-25-90) • On life support; showed only reflexive movements, random eye opening, and no communication ability • Terri’s husband and parents had intense conflict • 1994 Terri developed a urinary tract infection; husband and physician agreed not to treat it; also DNR posted • 1997 husband petitions to discontinue life support; many court battles between husband and parents • Much rested on testimony that Terri said she wouldn’t want life support Copyright © Allyn & Bacon 2007 Right-To-Die Cases: Terri Schiavo • • • • On several occasions courts ruled in favor of removing life support, but each time it was blocked Media got involved; Florida Governor Jeb Bush passed “Terri’s Law” to return feeding tube; the U.S. House and Senate agreed to a federal bill to return feeding tube Terri died (3-31-05) of dehydration Autopsy showed that her brain had shrunk to half its size; she had severe and irreversible damage Copyright © Allyn & Bacon 2007 Objections of the Medical Community to Assisted Death • • • • • Taking a life is inconsistent with the responsibilities and values of a physician Religious convictions forbid taking a person’s life under any circumstances, with the possible exception of self-defense The life might be mis-taken Serious legal consequences might be expected to befall any physician who engaged in assisted death The dying person accuses the physician of being a failure (actually the physician’s self-accusations) Copyright © Allyn & Bacon 2007 Evaluating Dr. Kevorkian’s Approach: Summary of 93 Cases • • • • • • • Most of the people were not terminally ill Gender bias - encouraged and increased suicidality among women Clients fit the profile of suicide attempters rather than terminally ill He functioned without adequate medical information and consultation Death is much too extreme a solution for the relief of suffering Despite his disclaimers, it appears that he has rushed people into assisted death without adequate safeguards and consideration He uses “silencing” techniques to defend his actions Copyright © Allyn & Bacon 2007 Assisted Death in The Netherlands • Requirements for a physician to assist in ending a patient’s life: • The patient is terminally ill • The patient has made an explicit request for lifetermination • The physician informs the coroner of his actions and provides a detailed check list regarding the patient’s situation and the physician’s own actions • First nation to make it legal • Belgium now has similar laws • Australia had such a law, but later overturned Copyright © Allyn & Bacon 2007 Current Status of Assisted Death in the U.S. • • Merging of The Hemlock Society and Compassion in Dying in 2005 to form Compassion and Choices • Has many requirements and safeguards • Will help clients arrange for assisted death Oregon Death with Dignity Act • Has many requirements and safeguards • Physicians write prescriptions for lethal doses of medication after an adequate waiting period • Patient must be 18 or older with an incurable, irreversible terminal illness and life expectancy of less than 6 months Copyright © Allyn & Bacon 2007 Abortion Facts • 9 out of 10 abortions occur in the first trimester • Common techniques • • • • • • Drugs (for early and later abortions) Vacuum Aspiration Dilation and Curettage (D and C) Dilation and Evacuation (D and E) Partial-Birth Abortion (late-term, banned in many states) Estimated that 46 million abortions occur throughout the world each year Copyright © Allyn & Bacon 2007 Abortion: Difficult Issues Kastenbaum states, “I have not come across anybody who believes it is a good thing to destroy a fetus that would otherwise be viable. People on both sides of the issue would prefer that the situation never arises.” • Challenges: • State policy vs. individual and family needs • General principle or particular situation • When does life and personhood begin? • Copyright © Allyn & Bacon 2007 Glossary: New Terms • Advance Directive • Assisted Death • Competence • Double Effect • Durable Power of Attorney for Health Care • EEG Tracings • Euthanasia • Hippocratic Oath • Informed Consent • Living Will • Mercy Killing • Orbitoria • Patient Self-Determination Act • Slippery Slope Argument • Terminal Sedation • Ventilator Copyright © Allyn & Bacon 2007