What does a 'right' to physician-assisted suicide (PAS) legally entail?

Area of Science:

• Bioethics
• Medical Law
• Legal Philosophy

Background:

• The bioethics discourse on physician-assisted suicide (PAS) predominantly addresses moral considerations, often overlooking its legal ramifications.
• Existing legal frameworks for PAS may not adequately define the specific rights and obligations of both patients and physicians.

Purpose of the Study:

• To delineate the precise legal implications of a right to physician-assisted suicide (PAS).
• To differentiate between an external right to PAS and an internal right to PAS within a physician-patient relationship.
• To establish the legal bindingness of explicit physician promises for assisted dying.

Main Methods:

• Legal analysis of claim rights (in rem vs. in personam).
• Distinction between external and internal rights to PAS.
• Examination of physician's right of first refusal.
• Critique of current PAS legislation in the Netherlands and Oregon.

Main Results:

• A right to PAS can be conceptualized as an external negative claim right or an internal positive claim right.
• Physicians possess a right of first refusal before committing to assisted suicide.
• Explicit physician promises to assist in dying should be legally binding.

Conclusions:

• Current PAS laws in the Netherlands and Oregon require significant legal modifications.
• Establishing clear legal boundaries for PAS is crucial for both patient autonomy and physician accountability.
• Physician promises in PAS contexts warrant legally binding status to ensure clarity and enforceability.