Is There A Legal Right? Die? Essay

Within the past few years physician assisted suicide has been a major topic of debate. Assisted suicide is termed as suicide committed with aid from another individual, including a doctor. With the suicide term raising much concern, many people interchangeably use other terms. A few terms are death with dignity, physician assisted death or compassionate dying. Physician assisted death is implemented for those that are terminally ill and mentally capable adults that would prefer to shorten their dying process. The option of being able to get medical aid in dying only apply to certain states, and must pass through an election for that specific state. The first state to vote on the subject was Oregon and eventually passed in 1994 as the Death with Dignity Act (Jackson, 2008). There are now six states in the United States that has passed this act. The states that are allowing physician assisted death are District of Columbia, Oregon, Washington, Vermont, California and recently Colorado.

There are currently three states that have adopted legislation supporting “Death with Dignity”, also known as physician-assisted suicide. Oregon, Washington, and Vermont have each enacted laws that enable a terminally ill, mentally competent, adult to decide and dictate end of life decisions up to and including the time of their death. Oregon was the first United States (U.S.) to enact legislation and other states in the union have followed suit.

Support for the participation of physicians in the suicides of terminally ill patients is increasing. Much of the controversy surrounding physician-assisted suicide however focuses on the debate over whether the practice should be legalized. A woman suffering from cancer became the first person known to die under the law of physician-assisted suicide in March of 1998. In 1994, voters in Oregon approved a referendum called the Death with Dignity Act, which was enacted in 1997. This law allows patients who have been given six months or less to live that wish to hasten their deaths to obtain lethal doses of medication prescribed by two doctors. Between 1998 and 2000, ninety-six lethal prescriptions were written, and seventy patients took the

Terminally ill patients’ requests for physician-assisted suicide are now a viable possibility. Knowing the pathways to answering to those patients, as their requests for assisted death persist, is upmost importance. As of June, 9th 2016 California became the fifth state to allow physician-assisted suicide. The California’s End of Life Option Act authorizes any individual 18 years of age or older, who has been diagnosed as terminally ill and fits specific criteria, to solicit administration of assisted dying drugs at the hands of his/her attending physician. This Act will require specific documentation and data to be submitted to the California Department of Public Health (CDPH) by the attending physician

In the United States today, only several states legally recognize physician-assisted suicide as an option for families and terminally ill patients hoping to embrace a death with dignity. Although there is a growing movement to promote access to physician-assisted suicide, the topic is still widely regarded as taboo. As of 2016, the states of Washington, Oregon, Vermont, Colorado, New Jersey, and California are the only states to allow full and legal access to physician-assisted suicide. Alongside those states are Montana and New Mexico, which legally offer “aid in dying,” meaning the state allows for physicians to assist in alleviating the longevity of the dying process.

A woman suffering from cancer became the first person known to die under the law on physician-assisted suicide in the state of Oregon when she took a lethal dose of drugs in March, 1998. The Oregon Death with Dignity Act passed a referendum in November, 1997, and it has been the United States ' only law legalizing assisted suicide since then. According to the New England Journal of Medicine, more than 4,000 doctors have approved of the assisted suicide law (cited in "The Anguish of Doctors,” 1996). The law allows terminally ill patients who have been given six months or less to live and wish to hasten their deaths to obtain medication prescribed by two doctors. The most important thing to notice is that this law does not include those who have been on a life support system nor does it include those who have not voluntarily asked physicians to help them commit suicide. The issue of doctor-assisted suicide has been the subject of the heated dispute in recent years. Many people worry that legalizing doctor assisted suicide is irrational and violates the life-saving tradition of medicine. However, physician-assisted suicide should be legalized because it offers terminally ill people an opportunity for a peaceful death and recognized the inadequacy of current medical practice to deal with death.

Having the option to die with dignity requires many laws that need to be followed in order to go through with it. It is illegal for a physician to assist a patient with suicide without meeting all required criteria; if done, it could result in severe consequences. According to the Death with Dignity National Center, the patient must me 18 years or older, currently a resident or in the process of becoming one, capable of making and communicating health care decisions for themselves, and diagnosed with a terminal illness that will lead to death within six months (2015). If those criteria are met, the process cannot start right away and there is more that needs to be done. The patient needs to verbally request to the physician two times with a 15-day waiting period in between. A written request to the physician is then required and needs to be witnessed by two individuals who are not family members or primary caregivers, usually two other physicians. The patient is able to abrogate their requests at any time and must be able to self-administer their own medication (Death and Dignity National Center, 2015). These laws ensure that there is no chance that the patient is forced to hasten their death. If at any time in the process that the

(2) The patient must provide a written request to his or her physician, signed in the presence of two witnesses. (3) The prescribing physician and a consulting physician must confirm the diagnosis and prognosis. (4) The prescribing and a consulting physician must determine whether the patient is capable. (5) If either physician believes the patient’s judgment is impaired by a psychiatric or psychological disorder, the patient must be referred for a psychological examination (6) The prescribing physician must inform the patient of feasible alternatives to assisted suicide, including comfort care, hospice care, and pain control. (7) The prescribing physician must request, but may not require, that patients notify their next-of-kin of the prescription request. The original law was amended in 1999 to require that pharmacists be informed of the prescribed medication’s ultimate use. The physician may attend the patient when the medication is taken, but it is not legally required. Physicians must report all prescriptions to the state department of health services and they are protected from criminal prosecution if they adhere to the requirements of the

There are very strict guidelines to the Death with Dignity Act that must be followed before the request for physician-assisted deaths is granted. The patient must be at least 18 years old, reside in a state the it is legalized in, and be mentally competent. The individual’s diagnosis must be terminal with a prognosis of 6 months or less. Two oral and at least one written request for a prescription are required; the oral request must be separated by a minimum of 15 days and the written request must be signed by the patient in the present of two witnesses. Having these strict guidelines in place assures only the terminally ill patients are granted permission. (Pulliam, 2009)

According to Ullmann-Margalit (51) while dealing with the subject the agony of doubt deliberates that it is among the most confusing issues to deal with. Most people do not want to die, at least not now, and the debate of holding on to the inevitable and that of letting go heats up. Questions arise concerning the social, religious and ethical factors that have to be taken into play while considering end-of-life or right-to-die and thus bringing complexity to an otherwise easy decision. But the most crucial question to ask is: are those in support of the right-to-die justified in their movement? This will be the question that will be addressed in this argumentative essay.

We as U.S. citizens have a right to make an informed decision about how we should end our own life if we are diagnosed with a terminal illness. Currently, SB 128 “establishes the End of Life Option Act allowing an adult with the capacity to make medical decisions who has been diagnosed with a terminal disease, to receive a prescription for an aid-in-dying drug in order to end his or her life in a human and dignified manner” (Senate Bill 128, 2015, p. 2). End of Life Option Act is consistent with the social work values because this act is about self-determination, which is the primary goal of a social worker and this act is giving every one a fair and equal chance to decide their own fate in a human and dignified way.

The Death with Dignity Act of Oregon, Washington, and Montana has harsh patient eligibility criteria that limit access to competent, legal residents of over age 18, with terminal illness that were given an estimated life expectancy of 6 months or less which is to be confirmed by two independent physicians. There is also a requirement for two oral requests with a 15-day waiting period in between, as well as a written request that must be witnessed. The prescriptions may be written by the physician not less than 48 hours after the receipt of the written request. Patients must be mentally and physically be able to

The “Right to Die” (Euthanasia) should be further looked into as an option for terminally ill patients and not considered unethical. There has been an issue concerning the topic of “Human Euthanasia” as an acceptable action in society. The research compiled in conjunction with an educated opinion will be the basis for the argument for voluntary Euthanasia in this paper. Patients suffering from an incurable illness, exhausting all medical treatments, should be given the freedom of choice to continue their path of suffering or end it at their own will. “The Right to die” is not suicide, as you are fully aware that death will be certain, as Euthanasia spares the individual of additional pain.

In these states it’s legal for adult’s patient’s who have been diagnosed with a terminal illness with approximately only six months to live, voluntarily communicate with physician on end of care wishes, and is mentally in a logical state (ProCon.org, n.d).

Do people have the right to die? Is there, in fact, a right to die? Assisted suicide is a controversial topic in the public eye today. Individuals choose their side of the controversy based on a number of variables ranging from their religious views and moral standings to political factors. Several aspects of this issue have been examined in books, TV shows, movies, magazine articles, and other means of bringing the subject to the attention of the public. However, perhaps the best way to look at this issue in the hopes of understanding the motives behind those involved is from the perspective of those concerned: the terminally ill and the disabled.