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Defining Terms & Concepts |
| Allowing someone to die |
The point when curative measures have no purpose &
treatment is halted
(No CPR, no antibiotics, no chemo, no organ transplants, no radical
surgery, no heart machines...)
Some cancer treatment result in loss of hair, nausea, destruction of
diseased and healthy tissue, disfigurement... |
Mercy Death
Including Physician-Assisted
Suicide |
Direct action to terminate a patient's life because the patient
has requested it per Thiroux
|
| Mercy Killing |
Taking direct action to terminate a patient's life, but without
the patient's permission
(Involuntary)
Is outlawed in the U.S. & most countries |
|
Euthanasia -
|
Greek language: eu means good and thanatos , death.
Mercy killing or murder
The [painless] termination of life, from one who has been suffering, so as
to end suffering |
| Active Euthanasia
(also called positive or direct): |
"Taking direct action, such as a lethal injection, to kill
a person; also known as "mercy killing'" (Bedeau 199)
The act of painlessly putting to death persons suffering from incurable
conditions or diseases. |
Passive Euthanasia
( also called negative or indirect)
|
"Allowing
patients to die by withholding life support or medical treatment that would
prolong their lives" Bedeau 199 (no CPR no antibiotics)
Any act of allowing a
patient to die |
|
|
| Brain Death |
In 1968 Harvard Medical School ad hoc committee
set four criteria
1. unresponsiveness - unreceptivity
2. No spontaneous movements or breathing
3. No reflexes
4. A flat EEG (electroencephalogram)
Disconnecting a respirator from a
brain dead (medically dead) person is not considered mercy
killing"Patients who are
determined to be brain dead, based on the Harvard Criteria, are
medically and legally dead, and no further medical treatment is
required." Bedeau |
| Death |
Death
occurs at the
moment that the brain activity necessary to control autonomous biological
functions ceases. (a loose general definition)
I love the following
quote concerning death :"Meeting point of time and eternity" (May). |
| |
|
| Persistent Vegetative State (PSV) |
Involves damage to the cerebral cortex or neocortex (cognitive
functions)
The brain stem functions continue (usually there is breathing and
heartbeat)
People are often awake but not apparently
Examples: Karen Ann Quinlan & Nancy Cruzan
Individuals with
massive brain damage who are in a coma from which they cannot
possibly regain consciousness. Some ethicists object to this
term as it gives a linguistic predisposition to treat "persons" as
'vegetables.'
Persistent Vegetative State - |
Update on Euthanasia

74-year old Huntington Williams was charged with manslaughter.
Huntington cleaned Welles' gun & suggested where Welles should point it.
On the day of the suicide, Welles cleaned the .38- caliber revolver. He
shook Welles' hand a left. As Williams left, he hear a gunshot.
Williams told police, "I had a comfortable feeling that this was right for
him knowing the man."
Summarized from a Norwich Bulletin article dated 3/5/05 "Case Puts Spotlight
on Assisted Suicide, page B2, Associated press
=======================================================================
Arguments against allowing someone to die
- Abandonment of patients
- Some say refusing curative treatments makes families suffer
- Possibility of finding cures
- If you prolong a life long enough, a new miracle cure may be
discovered
- The impossibility of opting for death
- Doctors should never choose death
- We should note that there is a difference between choosing and
accepting death
- Interference with God's plan
- Humans are not allowed to let people die or take away life.
We must do all in our power to save life.
Counterpoint: God did not intend that humans live forever.
Arguments for allowing someone to die:
- Individual right over one's body & life
"A Patient's Bill of Rights" : We have "the right to refuse treatment to
the extent permitted by law and to be informed of the medical
consequences"
- Shortening period of suffering
Thiroux's example: If a cancer patient with 8 hours of life left goes
into kidney failure, starting dialysis would be an extension of pain.
Let the patient die of uremic poisoning.
- Death with Dignity rather than wasting life suffering
A slippery slope (domino effect) editorial was included in the USA
Today Editorial page (3/3/2005 page 12A): "Regardless of whether
Terri Schiavo has any feelings or experiences pain during the starvation
period, it is cruel that her family and loved ones have to watch her waste
away. If we are going to allow food and water to be withheld from
terminally ill patients, shouldn't we also allow for that death to be quick
and painless too?" ==========================================================================
Differentiating between ordinary
treatment and extraordinary treatment
In 1957 Pope Pius XII addressed
anesthesiologists and described two means for keeping people
alive: ordinary and extraordinary means. He said doctors are obliged to used
ordinary means.
Most moralists (both religious and
secular) argue that health professionals should provide ordinary treatment for
the moribund, but not extraordinary.
How did Pope Pius XII define extraordinary
or heroic means?
Those "according to circumstances of persons, places, times, and
cultures...involve a grave burden for oneself or another" (From "The
prolongation of Life")
How does Ramsey define extraordinary treatment?
Measures that are unusual, extremely difficult, dangerous, inordinately
expensive, or that offer no reasonable hope of benefit to the patient.
How does Paul Ramsey define "Ordinary Treatment"?
All medicines, treatments, and surgical procedures that offer a reasonable hope
of benefit to the patient but do not involve excessive pain, expense, or other
inconveniences.
Most moralists (both religious and secular) argue that health professionals
should provide ordinary treatment for the moribund, but not extraordinary.
Thiroux suggests we substitute appropriate & inappropriate care for the
particular patient rather than thinking in terms of generic ordinary &
extraordinary care.
What happens when one discontinues
nutrition and hydration?
The effect of removing feeding tubes
"can be seen by the third or fourth day, when the patient's mouth begins to
look dry and the eyes appear sunken. From days five to 10, respiration
becomes irregular with periods of very fast and then very slow breathing. By
the final days, kidney function declines, toxins begin accumulating in the
body, and multiple organ systems fail from lack of nutrition."
Is this dying process painful?
That's up for debate. Schiavo's parents' doctors say it is
painful. Schiavo's parent want to keep her alive because she is responsive.
She has smiled, laughed cried and responded to people's voices.
Schiavo's husband, Michael, wants the
feeding tube discontinued. His court-appointed doctors way there is
not pain. He has a new woman, other children, and much to gain financially
by doing away with his "wife."
The dying process is also described as
follows: "A conscious person would feel it [dehydration] just as you and I
would...Their skin cracks, their tongue cracks, their lips crack. They may
hae nosebleeds because of the drying of the mucous membranes, and heaving
and vomiting might ensue because of the drying out of the stomach lining.
...It is an extremely agonizing death." (Quoted from Wesley Smith's
book, "Forced Exit" in Kathleen Parker's Something went terribly wrong"
4/3/05 Norwich Bulletin, Page D3)
Parker continues: "Whether Terri Schiavo was
conscious of her suffering is the question of essence. Michael Schiavo's
lawyer, George Felos, reported during the deathwatch that Terri wasn't
suffering and looked 'beautiful.' Terri's parents thought otherwise. Given
the difference of opinion, we might consider the fact that Terri Schiavo was
given morphine. Even those tending the dying woman apparently
had reasonable doubt. In our world on this day, Death got the benefit of
that doubt."
Thomas Sowell writes, "The nature of death
by starvation and dehydration is also being depicted as 'gentle' in the
words of the New York Times - the same New York Times which in 2002 reported
starting people in India dying 'clutching pained stomachs.'" (Schiavo is
hardly dying naturally, March 28, 2005, Norwich Bulletin, page A6).
Visit
http://terrisfight.org/ for
updates on Schiavo
What is the difference between
killing and allowing to die per the AMA?
Killing is an act of commission.
Allowing to die presumably is an act of
omission, whereby the steps needed to preserve someone's life simply are not
taken. (failing to give an antibiotic shot to a terminally ill patient who has
pneumonia) When the patient dies because of nontreatment, the proximate cause
of death is the patient's disease, not the name of the person who did not
provide treatment.
The American Medical Association says the distinction is reasonable.
==========================================
Patient Self-Determination Act (PSDA) of 1990
Basically PSDA requires health care providers to inform patients of their
rights and to make advance directives.
What are patient rights?
- The right to considerate and respectful care
- The right to make decisions regarding their health care (in
collaboration with their physician)
- One can refuse treatment - to the extent permitted by law
- One can appoint a surrogate
- One can formulate advance directives
- The right to acquire information necessary to make appropriate
decisions
What brought PSDA to the fore?
1990: U.S. Supreme Court
Cruzan v. Missouri Health Services (227)
Recognized the right of a competent patient to refuse
life-preserving medical treatment including artificial (non-oral) delivery
of nutrition and water. Decision may be made by a surrogate who knows the
patient's wishes when patient is non-competent
Before this case the question of informed
consent was not a major issue, because the decision of whether a patient
lives or dies was answered by the parents of the incompetent patient. The
Cruzan case brought with it the uncertainties of whether or not a parent or
friend is choosing what the patient would want, or the parent themselves
would want.
===============================================================
The Hospice Approach
Hospice: origin of word - refuge for wayfaring strangers
Hospice: A place where the sick go for comfort and care before dying.
See the 7 aspects of patient care per Thiroux::
1. Comforting and caring for patients
2. A team approach
3. Pain & symptom control
4. Outpatient & home care
5. Humanized inpatient care
6. Freedom from financial worry
7 Beavement & counseling services
|
Mercy Death |
|
Arguments
against Mercy Death |
Arguments for Mercy
Death |
| Religious argument (not allowed) |
Individual Freedom & Right |
| Domino Argument |
Human Rights vs. Animal Rights: If we put animals to sleep
to do away with pain, why not humans? |
| Justice Argument: Is it just o ask others to
kill you? |
|
| Possibility of finding cures |
|
| Hospice Alternative |
|
How we treat others is an extension of how we regard ourselves"
Demarco
Changes in Attitudes Towards Mercy Death:
Thiroux writes there are more advocates for mercy death & cites two
advocates:
Derek Humphry
- assisted his first wife in committing
suicide & founded Hemlock Society
Derek married Ann shortly after the "death" of his first
wife Jean.
Derek & Ann assisted in the death of Ann's mom by placing a
laundry bag with soiled laundry over her mouth.
Ann wrote, "I walked away from that house thinking we're both murderers
and I can't live like this anymore ("Deadly Compassion" 72).
Derek's second wife , Ann, committed suicide.
Many people who have committed suicide as a copy of Derek's how-to book,
Final Exit by their side.
Dr. Jack Kevorkian - helped over
130 people commit suicide & is now in prison
Kevorkian was an advocate of "obitorias, ' a
professional place where people could use his suicide machine,
"mercitron, "which releases potassium chloride
Kevorkian's Calculus:
Kevorkian states in prescription: medicide:
"If the patient opts for euthanasia, or if someone is to be executed,
and at the same time opts to donate organs, he or she can save anywhere
from five to ten lives. Now the death becomes definitely positive."
DeMarco writes in Architects in a Culture of Death:
In a court statement he prepared on August 17, 1990, Kevorkian admitted
that the suicide of disabled people represents a good for the general
public. In his view, such deaths, by making bodily organs
available, can contribute only to the good of society. The part, in
Kevorkian's calculus, is more important than the whole person, if that
person happens to be disabled."
Thiroux also lists
Court Decisions
Pending Legislation
Lack f Autonomy of patients
Health Care personnel have practiced forms of assisted suicide
A stronger desire for autonomy and control over life and death
What safeguards does Thiroux mention?
Written and oral request
15 day waiting period
Two witnesses and a second doctor are required
Patients must be informed about other options
Patients take medication themselves
What does Thiroux consider to be reasonable safeguards - his
preferences?
Permissive rather than compulsory or mandatory
Written Request - no secrecy - all in the open
A waiting period - approximately 2 months -
Other options must be explained - pain control, hospice, care options
Counseling
More than one doctor
Assisted suicide should be painless
Abuse is punishable
==========================================================================
Mercy Killing
What is the difference & similarity between mercy killing & mercy death?
Both involve a direct action taken in order to end someone's life
The difference is that he who does the mercy killing does not know for
sure if the individual want to be killed.
Thiroux's definition of mercy killing:
"The termination of someone's life, without that person's explicit
consent, by a direct means, from a motive of mercy, that is in an
attempt to end suffering and/or 'a meaningless existence.'"
|
Mercy Killing |
| Arguments against Mercy
Killing |
Arguments for Mercy Killing |
| Direct violation of the value of life principle |
Mercy for the "Living Dead" |
| The Domino Argument |
Financial & Emotional Burdens |
| |
Patient's desire to die |
Highly Recommended: view the following:
END OF LECTURE
==========================================================================
Notes for a future lecture
|
Karen
Ann Quinlan
3/29/54 to 7/1l/85
Brought debate
to the fore
At 21, swallowed alcohol & tranquilizers at party & collapsed
Failing mouth to mouth
Newton Memorial Hospital, New Jersey
April 15, 1975, ceased breathing for at least two 15-minute
periods
Temp: 100
Pupils: unreactive
Described as “chronic, persistent, vegetative state”
November 1975: Judge Robert Muir: He could not grant petition
to remove respirator "humanitarian motives cannot justify the
taking of human life"
Spring 1976: New Jersey Supreme Court overruled Judge Muir. He
ruled Karen's right to privacy had been violated by the
hospital.
Karen then transferred from St. Clare's Hospital to a nursing
home. She continued to live with the assistance of feeding
tubes.
Karen remained at the nursing home in a vegetative state until
1985.
========================================================
1990: U.S.
Supreme Court Cruzan v. Missouri Health Services (227)
Recognized the right of a competent patient to refuse
life-preserving medical treatment including artificial
(non-oral) delivery of nutrition and water. Decision may be made
by a surrogate who knows the patient's wishes when patient is
non-competent
Before this case the question of
informed consent was not a major issue, because the decision of
whether a patient lives or dies was answered by the parents of
the incompetent patient. The Cruzan case brought with it the
uncertainties of whether or not a parent or friend is choosing
what the patient would want, or the parent themselves would
want.
=======================================================================
What is the meaning
of the narrow vs.
broad interpretations
of euthanasia?
Narrowly, some
philosophers have taken euthanasia to be the equivalent of
killing.
Since allowing someone to die does not involve killing,
allowing to die would not actually be an act of euthanasia.
A broader
interpretation includes acts of allowing to die.
Narrow: Killing a person
is always morally wrong
Allowing someone to die does not involve killing, so it is not
euthanasia.
Broad: Includes acts of
killing & acts of allowing to die
Most favoring broad interpretation state allowing patients to
die is not always wrong . With possible moral justification for
euthanasia, it is conceivable that acts of active euthanasia, as
well as passive, may be moral.
In other words,
euthanasia can take on active or passive forms.
Active euthanasia: the act of painlessly putting to death
persons suffering from incurable conditions or diseases.
Passive euthanasia refers to any act of allowing a
patient to die.
What is the difference
between
voluntary and
nonvoluntary euthanasia?
Voluntary
decisions about death refer to cases in which a competent adult
patient requests or gives informed consent to a particular
course of medical treatment or nontreatment
A nonvoluntary
decision about death refers to cases in which the decision is
not made by the person who is to die. ( because of age, mental
impairment, unconsciousness..)
+======================================
In 1975 CDC presents higher suicide
statistics:
• 24.1% of students had thought seriously about
attempting suicide .
• 17.7% of students had made a specific plan to
attempt suicide .
• 8.7% of students had attempted suicide .
• 2.8% of students had made a suicide attempt which
resulted in an injury, poisoning, or overdose that
required medical attention
quoted from
http://www.dianedew.com/suistats.htm |
Comments from Thomas Sowell regarding dying
naturally:
"We are being told Terri Schiavo is being 'allowed"' to 'die a
natural death.' Such an argument might make some sense if this
were a terminally ill person. But Terri schiavo is not dying
from anything other than a lack of food and water, from which
anyone would die." "When Sean Hannity said this [
Terri's not wanted to live under extreme circumstances] on the
Fox News channel's 'Hannity & Colmes' program, he was assured by
a lawyer who was defending the removal of the feeding tube that
Michael Schiavo was not the only one to hear Terri say
this. But, when Hannity demanded to know the name of just one
other person, the lawyer shouted and waxed indignant - but did
not produce the name."
...The nurse's sworn statement. under
penalty of perjury , is she reported to the police she found
Terri in both medical and emotional distress after a closed door
visit by her husband - and that she also found a vial of
insulin, as well as needle marks on Terri, after Michael
Schiavo's visit." (Schiavo
is hardly dying naturally, Thomas Sowell, March 28, 2005,
Norwich Bulletin, page A6).
Jesse Jackson
"I feel so
passionate about this injustice being done — how unnecessary it
is to deny her a feeding tube, water, not even ice to be used
for her parched lips," Jackson said. "This is a moral issue, and
it transcends politics and family disputes."
http://family.org/cforum/extras/a0035935.cfm
March 29, 2005,
Jesse
Jackson Pleads for Schiavo's Life
by Pete
Winn, associate editor
Epitath
"I kept my promise" An inscription by Michael Schiavo on the
grave. This refers to a pledge he made before Terri's brain
damage that he would not keep her alive artificially.
|
Terri Schiavo information end of life resources
http://www.agingwithdignity.org
http://www.abanet.org/aging/
American bar Association - Information on aging
http://www.caringinfo.org
http://www.practicalbioethics.org/ The center for Practical Bioethics
http://www.nho.org
www.nrlc.org
http://uslivingwillregistry.com/
(Info on living wills)
"Aristotle believed that willful euthanasia was wrong. Virtue, he argued,
requires that we face death bravely rather than take the cowardly way out by
quitting life in the face of pain and suffering. The Pythagoreans, who wrote
the Hippocratic oath, also opposed euthanasia on the grounds that the gods
are our keepers and we are the possessions of the gods. To kill ourselves is
to sin against our gods" 'Never will I give a deadly drug, not even if I am
asked for one, nor will I give any advice tending in that direction.'
Hippocratic oath." Boss Analyzing Moral Issues, Chapter 5 Euthanasia
and Assisted Suicide, page 201, 2 end edition. |