Power of Life and Death

[AB Asks]

The news that a 30 year old woman lady with heart, lung and spinal conditions wants doctors to induce a coma-like state has reopened the issue of a patient's 'right to die'. Doctors looking after the lady have described the suggested measures as "unlawful and unethical" and have so far refused to act on them. The lady and her relatives intend to contest the decision in court. Do you think that the doctors should have the final say or should the patient/patient's family decide?

[beryllium]

Capacity
If you have capacity then you have full autonomy and the right to decide any way you want, even irrationally. If you don't have capacity, if you are incompetent, then doctors can proceed in your best interests.

Although capacity and consent are legal concepts, decisions are made on these by clinicians without any knowledge of the tests they should be applying or the legal principles involved.

First of all, it is important to remember that capacity is presumed in all adults [6]. Therefore, if anyone wants to say you are incapable, it is their job to rebut that presumption [7]. You don't have to prove you are capable: they have to prove you are incapable [8].

[beryllium]

Legal tests of capacity
The legal test which we now have was formulated in law in 1994 in the case of Re C [9]. Mr C had bad gangrene in his leg, and the doctor said he had an 85 per cent chance of death if his leg wasn't amputated. And Mr C said, "You're not chopping my leg off!" So you might think, "Well, what's the problem? We have this right to autonomy; it should be upheld."

The thing about Mr C was that he had paranoid schizophrenia and was a detained mental patient in a maximum security hospital. So, to paraphrase, the doctors said, "You're mad, so we can chop your leg off if we think it will help."

[beryllium]

taken from this site:

http://web.archive.org/web/20021003014227/www. ves.org.uk/DpA_RefusTr.html

I was posting it as written but it's very long winded and the Law.

[beryllium]

Hi All,

I was posting up the law as it stands now.

Here is the link to that law.

It is very interesting and a good moot on euthanasia is always welcome.

http://web.archive.org/web/20021003014227/www. ves.org.uk/DpA_RefusTr.html

I was pasting until I realised it was too big and wanted to put the link up, but alas was not allowed to do so :-(

Take care of you and all....

B. :-)

[yesmadam]

This is the law as it stands now. Hopefully Beryllium will get reinstated later.

http://web.archive.org/web/20021003014227/www. ves.org.uk/DpA_RefusTr.html

[alijangra]

If its her wish to die, she shouldn't bring the doctors into it. If she has a box of MST at home, why not just take the lot? She shouldn't be trying to involve or implicate other people. At the end of the day, the doctors cannot act against the law and if she only has a year left, I doubt that is enough time to get the law changed!

[wolf63]

I agree that euthenasia should be legal. But to ask somebody to do it to you opens up a huge minefield.

It is a very complicated area - nice way to bump off old auntie will the zillions in the bank.

Also many people, myself included, suffer from severe depression when we want to die. This complicates the issue - do I want to be 'put to sleep' because I am depressed or because a physical illness that I suffer from has become unbearable.

I have a living will, I don't think that it is legally binding - but it is my way of saying that I do not want to have any extraordinary means used to keep me alive when it is hopeless.

Let's face it we could argue this until doomsday (problem resolved?) and never reach an agreement.

[spanner7853]

I think it should be the individuals decision whether they wish to be induced into a coma or be given a lethal injection to die. Saying thay it is unlawful and unethical is ridiculous. That poor woman will die a painfull death unless she gets the request she wants. I hope the court will let her die as she wishes. I know if I had a condition that killed me I would want to be put to sleep with some dignity. Euthanasia should be made legal to those who want it.

[MiniN]

I believe that we all should have the right to choose when we die if we are faced with a terminal ilnes. thats not to say, however, that everyone with a terminal illness will want to be euthanised.

Clinics that specialize in euthanisia in other countries should be set up here in the UK. These clinics provide terminal patients with the dignity they deserve. From what I've read, the clinics interview the ill people and family several times before they euthanise and will only euthanise to prevent future suffering of a terminal illness. Surely isn't it ethical for doctors to prevent excruciating pain when it is the patients wishes and is in their best interest?