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An Argument for Physician-Assisted Suicide and Against Euthanasia
Raphael Cohen-Almagor
1
In Ethics, Medicine, and Public Health (2015, forthcoming).
Summary
The article opens with the hypothesis that the default position that should guide
healthcare providers when treating patients at the end of life is that patients opt for life.
In the absence of an explicit request to die, we may assume that patients wish to
continue living. Thus the role of the medical profession is to provide patients with the
best possible conditions for continued living.
The article makes a case for physician-assisted suicide legislation. It examines
the ‘quality of life’ argument, and the issue of the patient’s autonomy and competence. It
is argued that (1) quality of life is a subjective concept. Only the patient can conclude for
herself that her quality of life is so low to warrant ending it, and that (2) only competent
patients may request ending their lives. Patients’ lives should not be actively terminated
by the medical team without the explicit consent of patients.
The article then probes the role of physicians at the end of life, arguing that
medicine should strive to cater to the wishes of all patients, not only the majority of
them. Physicians should not turn their backs to justified requests by their patients.
Physicians are best equipped to come to the help of patients at all stages of their
illness, including their end-of-life. At the same time, in ending life, the final control
1
I thank David Weisstub for his constructive comments.
2
mechanism should be with the patient. Thus physician-assisted suicide is preferred to
euthanasia in order to lower the possibility of abuse and of ending the lives of patients
without their consent and against their wishes. As matters of life and death are grave,
they should be taken with utmost seriousness, requiring the instalment of ample checks
against abuse and facilitating mechanisms designed to serve the patient’s best
interests. The article concludes with nineteen careful and detailed guidelines for
physician-assisted suicide. These are necessary measures designed to ensure that the
best interests of the patients are served as they wished.
Key words: autonomy; dignity; end-of-life; euthanasia; physician-assisted suicide;
quality of life
Introduction
During one of my conversations with Isaiah Berlin we discussed end-of-life issues.
Isaiah told me a personal story about one of his friends who, at that time, experienced
some health problems. Later he reflected on our discussion in writing. Isaiah wrote:
My friend did indeed collapse, his leg was cut off, he did not eat because he
could not. He expressed no wish to die. The doctors saved him; he is still in a
bad state but is unaware of it, and is quite cheerful. He proposes to go on
living, but this is unlikely to last long.
2
2
Letter of Isaiah Berlin to R. Cohen-Almagor (6 February 1995).
3
This letter encapsulates some of the major concerns at the end-of-life. These
concerns can be formulated in questions:
What is the patient’s condition?
What are the patient’s wishes?
What do we mean by “quality-of-life”?
What is the significance of the patient’s autonomy and competence?
What are the roles of the medical profession at the end-of-life?
In this article, I will unfold these questions, addressing two additional
questions:
Whether we should have end-of-life legislation which includes euthanasia
and/or physician-assisted suicide, and
What might be the impact of such legislation on society?
This article makes a case for physician-assisted suicide legislation. Such legislation
should be put under close scrutiny and examined on an annual basis. If the alarm
sounds of the opposition prove to be justified, then it will be the task of the medical
profession and the legislature to secure remedies against premature killing. In France,
the Conseil national de l'Ordre des médecins (CNOM, the national council of the college
of physicians) has endorsed euthanasia,
3
and the French parliament has opened a
3
Cook M, French doctors endorse euthanasia. BioEdge. 2013; 15 February.
4
debate on euthanasia in January 2015.
4
In the past, President Francois Hollande
affirmed his aim to legalise voluntary euthanasia and called for a national debate on the
issue.
5
Indeed, in France and other parts of the world the discussion should continue in
earnest, reflecting on changes in reality and always aspiring to protect the patients’ best
interest.
The Patient’s Condition and Wishes
Discussions about the appropriate treatment at the end-of-life should be reserved
to patients who are suffering from an incurable disease, whose quality-of-life is
deemed by the patients themselves as low, when death becomes for them an
attractive proposition. In most cases, such discussions are reserved to cancer
patients. Cancer is a very painful condition and some patients find it intolerable.
6
4
Cook M, French parliament begins debate on euthanasia. BioEdge. 2015: 24 January.
5
Cook M, France to vote on euthanasia later this year. BioEdge. 2013: 6 July;
Heneghan T. France aims to allow euthanasia despite ethics doubts. Reuters 2013: 1
July, http://in.reuters.com/article/2013/07/01/france-euthanasia-
idINDEE9600HF20130701 [Accessed 2 April 2015].
6
Cook M, 15% rise in Dutch euthanasia deaths. BioEdge. 2014: 11 October,
http://www.bioedge.org/index.php/bioethics/bioethics_article/11172 [Accessed 2 April
2015]; Swildens-Rozendaal WJC. Regional Euthanasia Review Committees – Annual
Report 2011 (The Hague, August 2012); Steck N, Junker C, Maessen M, et al., Suicide
5
Unfortunately, current medical knowledge has not mastered adequate treatment to
many forms of cancer. When a patient’s life is saturated with pain, when the entire
existence is focused on one’s suffering and on means to provide relief for
suffering, the normally high value ascription to life deteriorates, and thoughts about
the alternative to life might become dominant.
Most patients would like to continue living. As in the Isaiah Berlin story,
empirical research has been showing that the yearning to live is very strong. I have
visited more than thirty hospitals in Israel, England, Canada, USA, Australia, New
Zealand, the Netherlands and Belgium. Most patients, even in the most dreadful
conditions, opt for life. This is more so when patients are Catholic, Jews and
Muslims.
7
This is less so in the Netherlands and Flemish-Belgium.
8
But the
general picture is clear: We all possess a zeal for life. Therefore, whenever we are
assisted by right-to-die associations: a population based cohort study. International
Journal of Epidemiology. 2014,
http://ije.oxfordjournals.org/content/early/2014/02/17/ije.dyu010.full [Accessed 2 April
2015].
7
Cohen-Almagor R, The Right to Die with Dignity: An Argument in Ethics, Medicine,
and Law. Piscataway, NJ.: Rutgers University Press; 2001.
8
Cohen-Almagor R, Euthanasia in the Netherlands: The Policy and Practice of Mercy
Killing. Dordrecht: Springer-Kluwer; 2004 and Euthanasia policy and practice in
Belgium: Critical observations and suggestions for improvement. Issues in Law and
Medicine. 2009; 24(3): 187-218.
6
unclear about the patients’ wishes, the default position we should take is that the
patients opt to live.
9
Only a small minority of patients expressly wish to die. Thus
our starting hypothesis is:
Hypothesis: The default position is that patients opt for life. In the absence of an
explicit request to die, we may assume that patients wish to continue living. Thus
the role of the medical profession is to provide patients with the best possible
conditions for continued living.
‘Quality of Life’
Many of the supporters of euthanasia advance the quality-of-life argument.
10
The term
‘quality of life’ has many positive connotations when used in a general social context.
For instance, we speak of improving the quality of citizens’ lives by providing them job
opportunities, cultural events, and by making efforts to decrease air pollution. People
use the term ‘quality of life’ when describing the different ways they advance their
comfort, their status and their tranquillity. Likewise, in medicine the term ‘quality of life’
has positive connotations, for example in rehabilitation, physiotherapy, cosmetic
treatments, palliative care, psychiatry and psychology. However, when we deal with
end-of-life issues, ethicists who side with euthanasia use the term ‘quality of life’ in a
9
See Israel Dying Patient Law, Chapter C, Section 4 (15 December 2005).
10
Harris J. The Value of Life. London: Routledge and Kegan Paul; 1985; Kuhse H.
Quality of life and the death of ‘Baby M’. Bioethics. 1992; 6(3): 233-250; Singer P.
Practical Ethics. New York: Cambridge University Press; 1993.
7
negative sense more often than in a positive one, meaning that they do not seek to
improve the patient’s life but to end it.
11
In their discussions, the ‘quality of life’ concept
often serves to justify the termination of life. Even supporters of euthanasia and of
granting the patient a right to decide her own destiny express suspicion regarding this
concept. In his testimony before the House of Lords Select Committee on Medical
Ethics, Ronald Dworkin explicitly denounced ‘quality of life’ as “a mischievous term”,
saying clearly: “I do not like it very much”. Dworkin explained that the term ‘quality’
suggests some sort of felt experience or pleasure - how much pleasure is being felt.
Instead he would like to refer to the idea of a ‘good life’ where ‘good’ is not merely a
matter of how it feels, but it is also a matter of a structure, a narrative.
12
‘Quality of life’ is a subjective concept: one’s quality of life is determined by one’s
personal life circumstances. There is a place to consider the quality of a particular life,
but the decision as to what considerations constitute justifications for termination of that
life should be left to the patient. We need to distinguish between situations in which the
justification for terminating life is voiced by the patients themselves, and situations in
11
Kuhse H. The Sanctity of life Doctrine in Medicine: A Critique. Oxford: Clarendon
Press; 1987; Kuhse H. and Singer P. Should the Baby Live? The Problem of
Handicapped Infants. Oxford: Oxford University Press; 1985.
12
Ronald Dworkin’s testimony (29 June 1993), in House of Lords, Select Committee on
Medical Ethics, session 1993-94, Minutes of Oral Evidence. London: HMSO; 1994, at
161. For further discussion, see Cohen-Almagor R, and Shmueli M, Can life be
evaluated? The Jewish Halachic approach vs. the Quality of Life Approach in medical
ethics: A critical view. Theoretical Medicine and Bioethics. 2000; 21(2): 117-137.
8
which other parties - physicians, nurses, hospital managers, ethicists, relatives -
postulate justifications for terminating patients’ lives. Whenever possible, each individual
should decide for herself what constitutes a life of quality, and at what point it becomes
devoid of quality or essence. As in the Berlin story, no one else should conclude for a
patient that her life is meaningless when she finds some value in it, just as no one else
should demand to prolong life at all costs when the patient herself asks for her death.
The objection to paternalism on this issue is absolute.
This is not to say that a life devoid of certain distinguishing features
(consciousness, self-responsibility, human dignity), or a life in which certain features are
present (suffering and pain) is necessarily void of quality. A patient may decide that in
the absence of certain quality characteristics her life is no longer worth living. For
example, some may think that a life devoid of consciousness or devoid of memory
(dementia) is not a meaningful life. Patients experiencing some suffering might complain
of loss of human dignity. But others may think that their dignity is preserved even as
they experience unimaginable suffering. While some may see life in terms of an
absolute value others may perceive life differently. Some perceive life as a means to
achieve self-fulfillment, to develop human abilities, to experience discoveries, thrills, and
achievements. Some think that life in itself is of no value, but rather is a precondition for
the existence of any value whatsoever. When denied the ability to actualize their choice,
some people find no reason to live. The dreariness and distress in which they live could
lead them to the conclusion that death is preferable.
9
Argument One: Quality of life is a subjective concept. Only the patient can conclude for
herself that her quality of life is so low to warrant ending it.
Patient’s Autonomy and Competence
The decision whether to preserve a life or to terminate it should remain in the hands of
the patient when she is able to express such an opinion. The liberal state should help
preserve life. The liberal state should not insist on prolonging the lives of patients who
feel that such an action would negate their dignity. The issue is far more complex when
patients are unable to express an intelligible and autonomous opinion, be it because
they are young, mentally defective, or unconscious. Such patients are lacking autonomy
and ability to determine their destiny.
When adult and no-longer-autonomous patients are concerned, we must first
examine whether they had stated an opinion about extending a life after their autonomy
was lost. If the patients had explicitly and clearly stated in writing and/or recording
(audio, video) that they were not interested in prolonging life under such conditions,
their opinion should be respected. In the event, however, that the patients stated
previously that upon reaching a certain future state of illness they would prefer to die,
but when they actually reached that state they show signs of preferring to cling to life,
we must respect their present choice. Building on the Berlin story, a patient may state
that in case of deterioration of her physical and mental condition beyond recognition,
she would prefer to die. Upon reaching an advanced stage of atrophy, however, she
nonetheless shows signs of happiness when seeing her relatives, or expresses some
interest in, say, flowers, food or her friends, it may be concluded that the patient finds
10
some value in her present unfortunate condition. Therefore, we must ignore prior
instructions to the contrary and allow the continuation of her life.
13
People have the right
to change their minds and we should not deny them that right. In accordance with
Hypothesis One, it is always better to err on the side of life.
If it is not possible to determine the patient’s past and present desires, and there
are no signs that the patient wishes to continue living, then the decision should be made
by the medical team in cooperation and consultation with those who are close to the
patient: blood relatives, her friends and other beloved people. By “beloved people” it is
meant the people around the patient’s bed, those who care about the patient, who
devote their time and energies to contribute to the patient’s well-being.
The Benelux countries (The Netherlands, Belgium and Luxemburg) and recently
(2014) the Canadian region of Quebec
14
have legislated euthanasia. Among the
worrying data in all the Dutch euthanasia reports from 1990 until the present is that 0.2-
0.8 percent of deaths were the result of the use of lethal drugs, not at the explicit
request of the patient. There were 1000 cases (0.8%) without explicit and persistent
13
For a contrasting view see Dworkin R. Life's Dominion. New York: Knopf; 1993.
14
Quebec Bill 52, An Act respecting end-of-life care, 2014,
http://www.patientsrightscouncil.org/site/wp-
content/uploads/2014/06/Canada_Bill_52_14-052a_-passed_06_05_14.pdf [Accessed
2 April 2015].
11
request in 1990, and 900 such cases (0.7%) in 1995.
15
This number remained
unchanged in 2001. In 2005, there were 550 cases (0.4%).
16
Ending of life without a
patient's explicit request occurred most frequently among people dying at an age
younger than 65 years.
17
Physician-assistance-in-dying without an explicit request by
the patient may have involved patients who were not able to express their wishes, such
as neonates or comatose patients; patients whose competency to express well-
considered preferences was doubtful, such as patients with dementia or psychiatric
disorders; or competent patients for whom physician-assistance-in-dying was the result
15
van der Wal G, and van der Maas PJ. Empirical research on euthanasia and other
medical end-of-life decisions and the Euthanasia Notification Procedure. In Thomasma
DC, Kimbrough-Kushner T, Kimsma GK, and Ciesielski-Carlucci C. (eds.), Asking to
Die. Dordrecht: Kluwer Academic Publishers; 1998: 171.
16
van der Heide A, Onwuteaka-Philipsen BD, Rurup ML, et al. End-of-life practices in
the Netherlands under the Euthanasia Act. N Engl J Med. 2007; 356: 1957–1965; den
Hartogh G, The regulation of euthanasia: how successful is the Dutch system?. In
Youngner SJ. and Kimsma GK (eds.). Physician-Assisted Death in Perspective:
Assessing the Dutch Experience. Cambridge: Cambridge University Press; 2012: p.
366.
17
Onwuteaka-Philipsen BD, et al., Euthanasia and other end-of-life decisions in the
Netherlands in 1990, 1995, and 2001.Lancet. 2003; 362: 2 August, p. 397.
12
of an implicit request or an agreement to hasten death.
18
The 2010 report shows that
ending the patient’s life without an explicit request declined from 0.4% to 0.2%.
19
It is
reiterated that under Dutch law, it is illegal to terminate life when the patient is not fully
competent.
In Belgium, A 1998 study conducted in Flanders showed that decisions to end life
were common among general practitioners. In Flanders, where 60% of the Belgian
population resides, more than 5% of all deaths in general practice (some 1200 cases)
resulted from the use of drugs with the explicit intention of shortening the patient’s life.
20
The rate of administration of lethal drugs to patients without their explicit request was
3.2 percent.
21
The Euthanasia Act came into force in 2002. Eight years later in 2010, the
18
van der Heide A, Physician-assistance in dying without an explicit request by the
patient. In Youngner SJ. and Kimsma GK (eds.). Physician-Assisted Death in
Perspective: Assessing the Dutch Experience. p. 137.
19
Onwuteaka-Philipsen BD, Brinkman-Stoppelenburg A, Penning C, et al, Trends in
end-of-life practices before and after the enactment of the Euthanasia Law in the
Netherlands from 1990 to 2010: a repeated cross-sectional survey. Lancet. 2012;
380(9845): 908-15.
20
Bilsen J, Vander Stichele R, Mortier F, et al., The incidence and characteristics of
end-of-life decisions by GPs in Belgium. Family Practice. 2004; 21(3): 283, 286.
21
Deliens L, Mortier F, Bilsen J, et al., End-of-life decisions in medical practice in
Flanders, Belgium: A nationwide survey. Lancet. 2000; 356: 1806.
13
use of life-ending drugs without explicit request was recorded in 1.8% of deaths
22
and in
2013 it was 1.7% of deaths.
23
These rates are higher than that recorded in 2001 (1.5%)
but they are significantly lower than the rate recorded in 1998 before the legislation of
the Euthanasia Act (3.2%).
24
Use of life-ending drugs without explicit request involved
patients who were 80-year old or older (52.7%), those with a disease other than cancer
(67.5%), and those in hospital (67.1%). The decision was not discussed with the patient
in 77.9% of cases. Physicians explained that the decision was not discussed because
the patient was comatose (70.1%), had dementia (21.1%) or because discussion would
have been harmful to the patient’s best interest (8.2%).
25
It should be reminded that the
22
Chambaere K, Bilsen J, Cohen J, et al., Physician-assisted deaths under the
Euthanasia Law in Belgium: a population-based survey. Canadian Medical Association
Journal. 2010; 182(9): 896.
23
Chambaere K., Vander Stichele R., Mortier F. et al., Recent trends in euthanasia and
other end-of-life practices in Belgium, N Eng J Med. 2015; 372 (March): 1179.
24
Bilsen J, Cohen J, Chambaere K, et al., Medical end-of-life practices under the
Euthanasia Law in Belgium, NEJM, 361 (2009); Chambaere K, Bilsen J, Cohen J, et al.,
Physician-assisted deaths under the Euthanasia Law in Belgium: a population-based
survey. Canadian Medical Association Journal. 2010; 182(9): 900.
25
Chambaere K, Bilsen J, Cohen J, et al., Physician-assisted deaths under the
Euthanasia Law in Belgium: a population-based survey. Canadian Medical Association
Journal. 2010; 182(9): 895-896.
14
law specifically stipulates that “the patient is an adult or an emancipated minor, capable
and conscious at the time of his/her request,”
26
thus lives of comatose and demented
patients should not be terminated under the Euthanasia Act. It should also be noted that
ending the lives of patients without their request is taking place in Belgium more than in
all other countries that document such practice, including the Netherlands.
27
Physicians were asked when they end the lives of patients without explicit
request and the answers were in two situations: Shortening the length of the patient’s
final phase of agony during the last phase of the dying process, and facilitating the
death of the “terminally ill, demented and inhumanly deteriorated patient”.
28
Their aims
26
Belgian Act on Euthanasia, Chapter II, Section 3, no. 1,
http://www.ethical-perspectives.be/viewpic.php?LAN=E&TABLE=EP&ID=59 [Accessed
2 April 2015].
27
van der Heide A, Onwuteaka-Philipsen BD, Rurup ML, et al. End-of-life practices in
the Netherlands under the Euthanasia Act. N Engl J Med. 2007; 356: 1957–1965; for
comparative discussion, see van der Heide A, Deliens L, Faisst K, et al., End-of-life
decision-making in six European countries: Descriptive study. Lancet. 2003; 362: 345-
50.
28
Sercu M,, Pype P, Christiaens T, et al, Are General Practitioners prepared to end life
on request in a country where euthanasia is legalised?, J Med Ethics. 2012; 38: 277.
15
are to shorten the length of misery considered to be futile, ensure a relatively
comfortable death and, most worryingly, alleviate the burden of the next of kin.
29
The liberal state has an obligation to protect the vulnerable. Given that ending
patients’ lives without request is more common than euthanasia,
30
and the significant
number of terminal sedation cases, it is suggested to urge the Dutch and Belgian
medical profession to consider physician-assisted suicide (PAS), a practice that is not
common in The Netherlands and in Belgium,
31
instead of euthanasia. About 2 percent of
Dutch and Belgians die with euthanasia, where the physician administers the lethal
drugs (i.e. the last act is performed by the physician), and less than 0.1 percent by
physician-assisted suicide, where the patient ingests the lethal drug provided by the
physician (i.e. the last act is performed by the patient).
32
Although 34 percent of Dutch
general practitioners prefer assisted suicide, only 22 percent offer the two options to the
29
Ibid. For further discussion, see Pivodic L, Van den Block L, Pardon K, et al., Burden
on family carers and care-related financial strain at the end of life: a cross-national
population-based study. The European Journal of Public Health. 2014; 24(5): 819-826;
R. Cohen-Almagor, "First Do No Harm: Shortening Lives of Patients without Their
Explicit Request in Belgium", Journal of Medical Ethics, Vol. 41 (2015): 625–629.
30
van der Heide A, Deliens L, Faisst K, et al., End-of-life decision-making in six
European countries: Descriptive study. Lancet. 2003; 362: 345-50.
31
Ibid.
32
Bilsen, J., Cohen J., Chambaere K., et al. Medical end-of life practices under the
euthanasia law in Belgium. The New England Journal of Medicine. 2009; 361(11):
1119–1121.
16
patients requesting assisted dying.
33
While morally speaking euthanasia may be
warranted,
34
the fear of abuse is substantial. A fine line distinguishes between moral
consideration and the implementation of a policy. As shown, research conducted in the
Netherlands and in Belgium does not convince that both countries have properly
addressed abuse concerns. Many patients are still killed involuntarily. The Dutch and
Belgians are researching the way their dying patients are being handled in a medical
context. Their cultures of self-searching are certainly necessary. Until we can be sure
that euthanasia is not abused on a policy level, control should remain with patients, not
with physicians. PAS ensures that end-of-life procedures are restricted only to
competent patients.
Argument Two: Only competent patients may request ending their lives. Patients’ lives
should not be actively terminated by the medical team without the explicit consent of
patients.
The Role of Physicians
33
Bernheim JL, Distelmans W, Mullie A, Questions and Answers on the Belgian Model
of Integral End-of-Life Care: Experiment? Prototype? Bioethical Inquiry. 2014; 11: 507–
529.
34
Schuklenk U, Van Delden JJM, Downie J, et al., End-of-life decision-making in
Canada: The Report by the Royal Society of Canada Expert Panel on End-of-Life
Decision-Making. Bioethics. 2011; 25(S1): 1–73.
17
Now we need to discuss the troubling issue of whether or not it is within the physician’s
responsibility to terminate life. Physicians who are opposed to active euthanasia find no
dignity in killing a patient, and express anxiety about the character of a society in which
doctors assume such a responsibility.
35
Many physicians believe that their role does not
include killing. They argue that (a) if society accepts the need for active euthanasia then
such an act can be committed by any person. (b) Society must not make physicians its
official executioners. (c) The physician’s role is to heal, to help patients and to relieve
their suffering. (d) Physicians should not be assigned the additional task of execution.
In response let me first demur and say that I resent the use of the term
‘executioner.’ Support for active euthanasia is not associated with the acceptance of
execution in society. One of the physician’s roles is, indeed, to ease patients’ suffering.
The daily practice in hospitals demonstrates that sometimes the only way to achieve
this objective also shortens the patient’s life. We are dealing with a population of
patients with reasons, drives and wills. Failing to listen to those reasons, drives and wills
would lead to gross paternalism: an unjustified action that takes the responsibility from
the patient. Such behaviour is unjustified because (a) the person for whom the
physician acts paternalistically is competent, and (b) the conduct in question is
involuntary and coercive. Is it the task of a physician to keep a person alive against that
person’s will? How do we answer that small group of patients who have lost their
35
Culzac N, Assisted dying bill could create 'death squads' of doctors, cancer specialist
says, while PM 'not convinced'. The Independent (17 July 2014); Sprung CL, Eidelman
LA, Steinberg A, Is the physician’s duty to the individual patient or to society? Critical
Care Medicine. 1995; 23(4): 618-620.
18
appetite for life and plead for their doctors for help? While some may argue that it is not
among the physician’s responsibilities to provide mercy killing, the questions then are
whether we should ignore the patient’s wishes and whether another professional body
exists in society that could take responsibility for this troubling task.
As for the first question, if physicians ignore the patients’ wishes, patients are left
with the option of committing suicide. However, many patients are reluctant to do so
because they are anxious about the possibility of waking up to an even more dreadful
condition. Failing to take the adequate medication, or the adequate dose of medication,
their condition might deteriorate further, their quality-of-life reduced, and they would still
be alive. Patients need the assistance of the medical profession.
As for the second question, whether it is conceivable to ask another association
or social group (family and close ones of the patient) to assume this responsibility, my
answer is conclusive. It is impossible to act on matters of health without medical
opinion. I see no escape from including physicians in the decision-making process.
While I seek an answer for all patients, including those who wish to die, those who
object to active involvement of physicians in ending patients’ lives ignore those patients
who suffer from incurable diseases and express their wish to die. Obviously those who
are opposed to euthanasia should not be expected to commit an act that contradicts
their conscience; that would be as paternalistic as ignoring the patient’s will. However,
there are physicians who might agree with this line of reasoning and who would not
necessarily regard active euthanasia as contrary to their medical and moral conscience.
19
Argument Three: Medicine should strive to cater to the wishes of all patients, not only
the majority of them. Physicians should not turn their backs to justified requests by their
patients. Physicians are best equipped to come to the help of patients at all stages of
their illness, including their end-of-life.
Euthanasia v. Physician-assisted Suicide
Before my first research fieldtrip to the Netherlands, my thesis was pro-euthanasia. This
was no longer the case after that trip. Faced with evidence about abuse, I could no
longer support euthanasia. I still think that there are cases where euthanasia might be
warranted. Philosophically speaking, a strong ethical argument for the practice can be
made. But in the realm of practice, upon witnessing the Dutch cavalier view on death
and dying, I could no longer support such a policy. Policy is for the entire society, not for
specific cases. Indeed, policy might affect specific people and disservice them, harming
their best interest. I am unable to endorse such a dangerous policy.
36
36
Gomez CF, Regulating Death. New York: The Free Press, 1991; Keown J,
Euthanasia in the Netherlands: Sliding down the slippery slope?, Notre Dame J. of Law,
Ethics and Public Policy. 1995; 9: 407-448; Hendin H, Seduced by Death. New York:
W.W. Norton, 1997; Jochemsen H, Keown J, Voluntary euthanasia under control?
Further empirical evidence from the Netherlands. Journal of Medical Ethics. 1999; 25:
16-21; Keown J, Euthanasia, Ethics and Public Policy: An Argument Against
Legalisation. Cambridge: Cambridge University Press, 2002; Sheldon T, Dutch doctors
speak out about past errors to change culture on patient safety. BMJ. 2009; 339: b5338;
20
Delineating the legislation within the confines of physician-assisted suicide is
designed to prevent abuse. The last act should lie squarely with the patient who drinks
or eats the lethal poison, prepared by the physician. It is the patient who commits
suicide with the help of the physician. The physician mixes the lethal medication in a
yogurt or a pudding, and the patient eats it by herself. If the patient did not give consent,
she should not be manipulated or forced to take the poison or take it without knowing.
Furthermore, the vast majority of patients who request death are cancer patients who
are able to swallow.
37
For the small minority of patients who are unable to swallow, I
agree that keeping them alive in a state of suffering against their will would be cruel.
Beckford M, Fearful elderly people carry 'anti-euthanasia cards’. The Telegraph (21
April 2011), http://www.telegraph.co.uk/health/healthnews/8466996/Fearful-elderly-
people-carry-anti-euthanasia-cards.html [Accessed 2 April 2015]; Haerens M,
Euthanasia. San Diego: Greenhaven Press; 2015.
37
Pardon K, Chambaere K, Roeline H, et al., Trends in end-of-life decision making in
patients with and without cancer. J of Clinical Oncology. 2013; 31(11): 1450-1457; de
Diesbach E, de Loze M, Brochier C, Montero E, Euthanasia in Belgium: 10 years on.
European Institute of Bioethics (Brussels, 2012); Cook M, 15% rise in Dutch euthanasia
deaths. BioEdge. 11 October 2014,
http://www.bioedge.org/index.php/bioethics/bioethics_article/11172 [Accessed 2 April
2015]; Swildens-Rozendaal WJC, Regional Euthanasia Review Committees – Annual
Report 2011 (The Hague, August 2012).
21
Documented and explained reasoning for making exception to the rule could be made
to warrant euthanasia in such special and few circumstances.
As a supporter of physician-assisted suicide, I believe that for some patients this
is the preferred and the right option. Some strong-willed patients would like to decide
the time of their death. Only they can say: “Enough is enough. Now it is time to say
good bye, because I can no longer cope with my state, and because medicine does not
have a cure for me.” Physician-assisted suicide can be the solution especially for
suffering cancer patients, at the last stage of their lives. It is humane to cater to these
people, enabling them to die at their own bed, in the company of their loved-ones.
The Dutch and the Belgians do not pay much notice to the distinction between
voluntary physician-assisted suicide and active euthanasia. I believe the distinction is
important and viable. Physician-assisted suicide provides control to the patients until the
very last moment of their lives, prevents possible abuse, and assures that they indeed
wanted to die. Restricting aid-in-dying legalization to physician-assisted suicide seems
to limit the number of hastened deaths and their increase over time. This might be partly
due to a higher psychological threshold towards assisted suicide and more stringent
procedural rules excluding non-terminally ill patients.
38
It is reiterated that in most cases
patients are able to do the final act to terminate their lives. In the rare occasions of
38
Gamondi C, et al., Legalisation of assisted suicide: a safeguard to euthanasia?,
Lancet. 2014; 384(9938) (July): 127.
22
complete paralysis or suffocation, when the patient is absolutely unable to activate the
lethal needle, only then the doctor may do the final act of mercy.
39
Argument Four: In ending life, the final control mechanism should be with the patient.
Thus physician-assisted suicide is preferred to euthanasia in order to lower the
possibility of abuse and of ending the lives of patients without their consent and against
their wishes.
For and Against Physician-assisted Suicide Legislation
Those who oppose aid-in-dying legislation argue that it is too risky. Such legislation
might change the medical culture and harm patients, especially vulnerable populations.
The opposition emphasises that only very few patients ask to end their lives, thus it is
not prudent to change the nature of medicine to include killing for the sake of the few.
The role of the medical profession is, and should remain, healing.
40
On the other hand, those who endorse aid-in-dying legislation perceive it as a
health right and as a human right. Medicine should assist those who wish to decide the
moment of their death. They maintain that the roles of medicine are not fixed but rather
39
Cohen-Almagor R, The Right to Die with Dignity: An Argument in Ethics, Medicine,
and Law. Piscataway, NJ.: Rutgers University Press; 2001; Cohen-Almagor R, Belgian
Euthanasia Law: A critical analysis, Journal of Medical Ethics. 2009; 35(7): 436–439.
40
Doughty S, Don't make our mistake: As assisted suicide bill goes to Lords, Dutch
watchdog who once backed euthanasia warns UK of 'slippery slope' to mass deaths.
Mail Online 9 July 2014.
23
in flux. In the past, abortion was prohibited.
41
At present, genetic enhancement poses
new challenges.
42
Supporters of aid-in-dying legislation take very seriously the “change of culture”
argument. There are, indeed, risks involved in such legislation. The aid-in-dying
motivation is to help patients in need, not to open the road for abuse. They think that it
is possible to install sufficient safeguards against abuse. And if the culture will change
and cases of abuse recorded, then the legislature should be called into action to amend
the law and secure ample solutions. Life-and-death must be put under a close scrutiny.
Sufficient control mechanisms should be in place. End-of-life procedures should be
monitored on an annual basis, analysing developments and ascertaining that vulnerable
patients are not put at risk. Tellingly, the Oregon Hospice Association that initially
opposed the PAS legislation, found no evidence that assisted dying in Oregon has
undermined end-of-life care or harmed the best interests of vulnerable populations.
43
41
The Hippocratic Oath holds: “I will not give a woman a pessary to cause an abortion”.
http://www.nlm.nih.gov/hmd/greek/greek_oath.html [Accessed 2 April 2015].
42
Genetic Enhancement, http://www.genome.gov/10004767 [Accessed 2 April 2015];
Savulescu J, and Bostrom N, (eds.), Human Enhancement. Oxford: Oxford University
Press; 2009; Savulescu J, Ter Meulen R, and Kahane G, (eds.), Enhancing Human
Capacities. Oxford: Wiley-Blackwell; 2011.
43
Delamothe T, Snow R, and Godlee F, Why the Assisted Dying Bill should become law
in England and Wales. BMJ; 349 (2 July 2014): 1-2.
24
While I think medicine should attempt to cater for the needs of all patients, and
that a humane death is one in which the patients die at home, surrounded by their loved
ones, I am not certain that physician-assisted suicide is warranted for each and every
society. End-of-life practices should be just in theory and also just in its application. If
the risks are too high, if PAS legislation might change the medical practice for worse as
far as patients are concerned, then it should be amended, overhauled or abandoned.
The discussion should continue in earnest.
Argument Five: Life and death concerns are grave. They should be taken with utmost
seriousness, requiring the instalment of ample checks against abuse and facilitating
mechanisms designed to serve the patient’s best interests.
Guidelines for Physician-assisted Suicide (PAS)
The right to die with dignity includes the right to live with dignity until the last minute and
the right to part from life in a dignified manner. There are competent, adult patients who
feel that the preferred way for them to part from life is through physician-assisted
suicide.
I wish to promote physician-assisted suicide because I recognize that individuals
should have the power to decide end-of-life issues, and because I oppose euthanasia. I
developed these guidelines following fieldtrips to Israel, the United Kingdom, The
Netherlands and Belgium. Let me conclude with the following recommendations and
suggestions:
25
Guideline 1. Physicians are best equipped in terms of knowledge and expertise to
provide aid-in-dying. It is the only profession that could come to aid patients who insist
on having their right to die. The medical profession is in flux. The rapid scientific and
technological progress, the rise of chronic disease, the ability to keep chronic patients
alive for many years, and the democratization of knowledge are all important in the
shaping of medicine. The medical profession should be attentive to wishes of all
patients, and strive to accommodate their wishes.
Guideline 2. The physician should not suggest assisted-suicide to the patient. Instead, it
is the patient who should have the option to ask for such assistance. Initiation by the
physician might undermine the trust between the patient and the physician, conveying
to patients that the physician is giving up on them and values their lives only to the
extent of offering assistance to die. Such an offer might undermine the will to live and to
explore further avenues for treatment. My fieldwork in the Netherlands revealed that,
many times, the patients did not ask for euthanasia. It was the doctor, a trusted General
Practitioner whom the patient had known for many years, sometimes 30 or 40 years,
who offered death to the patient with cancer. This practice may compromise the issue
of voluntariness; it is difficult for many patients to contest the advice of a loyal General
Practitioner.
44
The GP may present before the patient the range of available options
without manipulation, and with due respect for patient’s life and wishes.
44
Cohen-Almagor R, Should doctors suggest euthanasia to their patients? Reflections
on Dutch perspectives, Theoretical Medicine and Bioethics. 2002; 23(4-5): 287-303.
26
Guideline 3. The request for physician-assisted suicide of an adult, competent patient
who suffers from an intractable, incurable and irreversible disease must be voluntary.
45
The decision is that of the patient who asks to die without pressure, because life
appears to be the worst alternative in the current situation. The patient should state this
wish repeatedly over a period of time. We must verify that the request for physician-
assisted suicide does not stem from a momentary urge, an impulse, a product of
passing depression. This emphasis of enduring request is one of the requirements of
the Dutch and Belgian legal guidelines.
46
It should be ascertained with a signed
document that the patient is ready to die now, rather than depending solely upon
directives from the past.
Guideline 4. At times, the patient’s decision might be influenced by severe pain. The
Oregon Death with Dignity Act requires the attending physician to inform the patient of
45
See the Dutch requirements of careful practice, in Griffiths J, Bood A, and Weyers H,
Euthanasia and Law in the Netherlands. Amsterdam: Amsterdam University Press;
1998: p. 66. See also Chap. II. Article 3 of the Belgian Euthanasia Law.
http://www.kuleuven.ac.be/cbmer/viewpic.php?LAN=E&TABLE=DOCS&ID=23
[Accessed 2 April 2015].
46
Termination of Life on Request and Assisted Suicide (Review Procedures) Act, 2002;
Belgian Euthanasia Law 2002.
27
all feasible alternatives, including comfort care, hospice care and pain control.
47
The
proposed British Assisted Dying Bill (2014), prepared by Lord Falconer, requires that
the patient “has been fully informed of the palliative, hospice and other care which is
available to that person”.
48
Quality indicators in palliative care should be checked to
ensure that the patient received adequate care from the caregivers.
49
Guideline 5. The patient must be informed of the situation and the prognosis for
recovery or escalation of the disease, with the suffering that it may involve. There must
be an exchange of information between physicians and patients.
50
Bearing this in mind,
47
13 Or. Rev. Stat. § 3.01 (1998). See Cohen-Almagor R, and Hartman MG, The
Oregon Death with Dignity Act: Review and proposals for improvement. J. of
Legislation. 2001; 27(2): 269-298; Schatman ME, Campbell A, (eds.), Chronic Pain
Management: guidelines for multidisciplinary program development. NY: Informa
Healthcare; 2007.
48
Assisted Dying Bill (2014), Section 3 “Declarations”.
49
Leemans K., Van den Block L., Vander Stichele R., et al., How to implement quality
indicators successfully in palliative care services: perceptions of team members about
facilitators of and barriers to implementation. Support Care Cancer (published online 2
April 2015).
50
On this issue, see Oregon Death with Dignity Act, Section 3, Attending physician
responsibilities. Many bill proposals to legislate PAS in the United States specify certain
information that must be communicated by the physician to the patient before honouring
her request. See also Chap. II, Article 3 of the Belgian Euthanasia Law.
28
we should be careful to use neutral terms and to refrain from terms that might offend
patients and their loved ones.
51
Guideline 6. It must be ensured that the patient’s decision is not a result of familial and
environmental pressures. At times, patients may feel that they constitute a burden on
their loved ones. It is the task of social workers to examine patients’ motives and to see
to what extent they are affected by various external pressures (as opposed to a truly
free will to die). A situation could exist in which the patient is under no such pressure,
but still does not wish to be a burden on others. Obviously, we cannot say that the
51
Cohen-Almagor R, Language and reality at the end of life. J. of Law, Medicine
and Ethics. 2000; 28(3) (Fall): 267–278; Bedell SE, Graboys TB, Bedell E, and Lown B,
Words that harm, words that heal, Arch Intern Med. 2004; 164(13) (12 July): 1365-1368;
The Consensus Statement on the Role of the Doctor,
http://www.medschools.ac.uk/AboutUs/Projects/Documents/Role%20of%20Doctor%20
Consensus%20Statement.pdf [Accessed 2 April 2015]; General Medical Council,
Tomorrow’s Doctors (2009), http://www.gmc-
uk.org/Tomorrow_s_Doctors_0414.pdf_48905759.pdf [Accessed 2 April 2015]; Visser
M, Deliens L, Houttekier D, Physician-related barriers to communication and patient-
and family-centred decision-making towards the end of life in intensive care: a
systematic review. Critical Care. 2014; 18: 604. See generally Joly Y, Knoppers BM
(eds.), Routledge Handbook of Medical Law and Ethics. Abingdon: Routledge; 2015.
29
feelings of patients toward their loved ones are not relevant to the decision-making
process.
52
Guideline 7. The decision-making process should include a second opinion in order to
verify the diagnosis and minimize the chances of misdiagnosis, as well as to allow the
discovery of other medical options. A specialist, who is not dependent on the first
physician, either professionally or otherwise, should provide the second opinion.
53
The
patient’s attending physician, who supposedly knows the patient’s case better than any
other expert, must be consulted, and all reasonable alternative treatments must be
explored. The Oregon Death with Dignity Act requires that a consulting physician shall
examine the patient and her relevant medical records and subsequently confirm, in
writing, the attending physician’s diagnosis that “the patient is suffering from a terminal
52
Cohen-Almagor R, The patients’ right to die in dignity and the role of their beloved
people, Annual Review of Law and Ethics. 1996; 4: 213-232 and Cohen-Almagor R,
Fatal choices and flawed decisions at the End-of-Life: Lessons from Israel, Perspectives
in Biology and Medicine. 2011; 54(4) (Autumn): 578-594; Hardwig J, Families and
futility: Forestalling demands for futile treatment. J. of Clinical Ethics. 2005; 16(4): 328-
337; Casarett DJ, Last Acts: Discovering Possibility and Opportunity at the End of Life.
NY: Simon and Schuster; 2010.
53
Chap. II, Article 3 of the Belgian Euthanasia Law, and Cohen-Almagor R, Euthanasia
policy and practice in Belgium: Critical observations and suggestions for improvement,
Issues in Law and Medicine. 2009; 24(3) (Spring): 187-218.
30
disease.” Furthermore, the consulting physician must verify that the patient is capable,
is acting voluntarily, and has made an informed decision.
54
Guideline 8. It is advisable for the identity of the consultant to be determined by a small
committee of specialists who will review the requests for physician-assisted suicide.
This is in order to avoid the possibility of arranging deals between physicians (“you will
consult for me regarding Mr. Jones, approving my decision, and I will consult for you
regarding Ms. Smith, approving your decision”).
55
54
Oregon Death with Dignity Act, Oregon Revised Statutes, Vol. 8 (1998 Supplement),
at 981–982. The American Medical Association’s council on ethical and judicial affairs
suggests the participation of consultants to facilitate discussions that would help the
parties reach a course of action. See Charatan F, AMA issues guidelines on end of life
care. BMJ. 1999; 318 (March): 690.
55
In this context, for further discussion see Deschepper R, et. al, Communication on
end-of-life decisions with patients wishing to die at home: the making of a guideline for
GPs in Flanders, Belgium. British J. of General Practice. 2006; 56 (January): 14–19,
http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1828069 [Accessed 2 April
2015]; Jansen-van der Weide MC, Onwuteaka-Philipsen BD, Van der Wal G,
Implementation of the Project Support and Consultation on Euthanasia in The
Netherlands (SCEN). Health Policy. 2004; 69(3): 365–373; de Diesbach E, de Loze M,
Brochier C, Montero E, Euthanasia in Belgium: 10 years on. Brussels: European
Institute of Bioethics; 2012.
31
Guideline 9. Some time prior to the performance of physician-assisted suicide, a
physician and a psychiatrist are required to visit and examine the patient so as to verify
that this is the genuine wish of a person of sound mind who is not being coerced or
influenced by a third party. The conversation between the physicians and the patient
should be held without the presence of family members in the room in order to avoid
familial pressure. A date for the procedure is then agreed upon. The patient’s loved
ones will be notified so that they can be present right until the performance of the act,
making the day an intimate, family occasion.
Guideline 10. The patient can rescind at any time and in any manner. This provision is
granted under the Oregon Death with Dignity Act.
56
Chapter III, Article 4 of the Belgian
Euthanasia Law says that patients can withdraw or adjust their euthanasia declaration
at any time.
57
The proposed British Assisted Dying Bill (2014) holds that the patient may
revoke the aid-in-dying request at any time and that revocation need not be in writing.
58
56
13 Or. Rev. Stat. § 3.07 (1998).
57
Chamber of the Representatives of Belgium, Government Bill Related to Euthanasia
(5 November 2001), Doc 5014488/001, project transmitted by the Senate.
http://www.kuleuven.ac.be/cbmer/viewpic.php?LAN=E&TABLE=DOCS&ID=23
[Accessed 2 April 2015].
58
Assisted Dying Bill (2014), Section 3 “Declarations” (6).
32
Guideline 11. Physician-assisted suicide may be performed only by a physician and in
the presence of another physician. I am very much opposed to family members
administering assisted-suicide (or euthanasia) as I think it can lead to abuse. The
decision-making team should include at least two physicians and a lawyer who will
examine the legal aspects involved and ensure there is protocol in place as a control
mechanism against possible abuse. Perhaps a public representative should also be
present during the entire procedure, including the decision-making process and the
performance of physician-assisted suicide.
Guideline 12. Physician-assisted suicide may be conducted in one of three ways, all of
which should be discussed openly and decided upon by the physician and the patient:
(1) Oral medication; (2) Self-administered, lethal intravenous infusion; (3) Self-
administered lethal injection. In this context I should note that some medication may be
difficult or impossible for patients to ingest because of nausea or other side effects of
the illness. The only exception in which the physician would be allowed to administer
the lethal injection would occur in the event that medications have been provided and
the patient’s dying process is lingering on for long hours. Euthanasia should be allowed
only after the failing of physician-assisted suicide, or if the patient cannot physically
administer the lethal medication to herself.
Guideline 13. Physicians may not demand a special fee for the performance of assisted
suicide. The motive for physician-assisted suicide is humane, so there must be no
33
financial incentive and no special payment that might cause commercialization and
promotion of such procedures.
59
Guideline 14. There must be extensive documentation in the patient’s medical file,
including the disease diagnosis and prognosis by the attending and the consulting
physicians; attempted treatments; the patient’s reasons for seeking physician-assisted
suicide; the patient’s request in writing or documented on a video recording;
documentation of conversations with the patient; the physician’s offer to the patient to
rescind her request; documentation of discussions with her beloved people, and a
psychological report confirming the patient’s condition.
60
Guideline 15. The drugs required to end one’s life are known. As a control mechanism
pharmacists should be required to file a report every time lethal medications are sold.
Then it would be possible to track down the medication to the physician, and keep
record of how many times physician-assisted suicide was performed.
59
In contrast, in Switzerland assisted-suicide is a business. See Dignitas founder is
millionaire. Telegraph.co.uk (24 June 2010),
http://www.telegraph.co.uk/news/worldnews/europe/switzerland/7851615/Dignitas-
founder-is-millionaire.html [Accessed 2 April 2015].
60
On the need for transparent reporting, see Smets T, Bilsen J, Cohen J et al.,
Reporting of euthanasia in medical practice in Flanders, Belgium: cross sectional
analysis of reported and unreported cases. BMJ. 2010; 341: c5174.
34
Guideline 16. Physicians must not be coerced into taking actions that contradict their
conscience or their understanding of their role. The proposed British Assisted Dying Bill
(2014) holds that the health professional shall not be under any duty “to participate in
anything authorised by this Act to which that person has a conscientious objection”.
61
Guideline 17. The local medical association should establish a committee, whose role
will be not only to investigate the underlying facts that were reported but also to
investigate whether there are “mercy” cases that were not reported and/or that did not
comply with the Guidelines.
Guideline 18. Licensing sanctions will be taken to punish those health care
professionals who violated the Guidelines, failed to consult or to file reports, engaged in
involuntary termination of life without the patient’s consent or with patients lacking
proper decision-making capacity. Physicians who failed to comply with the above
Guidelines will be charged and procedures to sanction them will be brought by the
Disciplinary Tribunal of the Medical Association. The maximum penalty for violation of
the Guidelines will be the revoking of the physician’s medical license. In the event that
this penalty proves insufficient in deterring potential abusers, there will be room to
consider further penalties, including heavy fines and prison sentences.
62
61
Assisted Dying Bill (2014), Section 5 “Conscientious objection”.
62
For further deliberation, see Caplan AL, Snyder L, and Faber-Langendoen K, The role
of guidelines in the practice of physician-assisted suicide. Annals of Internal Medicine.
35
Guideline 19. An annual report should be published documenting all cases of aid-in-
dying. The reports should be made available to the public. Discussions and debates
about their findings should be promoted and encouraged.
Conclusion
We should give equal consideration to the interest of all patients. We should listen
carefully to patients’ preferences and their life (and death) objects. The culture of a
democratic society is based on two leading principles: do not harm others, and show
respect and concern for others. We ought to show equal concern for each individual’s
good, as that individual defines what is good for her. Concern means giving equal
weight to a person’s life and autonomy. This is a combination of mind, body, and
communication between the agent and those around her bed.
As we are talking on matters of life and death, diligence and care are paramount.
We need to take the necessary measures to ensure that the best interests of the
patients are served as they wished. Monitoring and control mechanisms should be in
place to prevent potential abuse. Patients at the end of life are vulnerable. They require
protection and assurance that their lives will not be terminating against their will. The
medical profession should value the patients’ autonomy and limit tendencies toward
2000; 132 (March): 476–481; Frileux S, Lelièvre C, Muñoz Sastre MT, Mullet E, Sorum
PC, When is physician assisted suicide or euthanasia acceptable?, J. of Medical Ethics.
2003; 29(6) (December): 330-336.
36
medical paternalism, ensuring that such tendencies do not trump the patients’ wishes
and best interests as defined by the patients themselves. Human lives are of great
importance and value. Therefore the decision to end life should be made with utmost
care and consideration, and with ample due process.
