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Non-voluntary passive euthanasia: the social consequences of euphemisms.

Gwen M Sayers1

  • 1Imperial College School of Medicine, London.

European Journal of Health Law
|January 31, 2008
PubMed
Summary

Passive euthanasia is rarely discussed in the UK, despite being common. Legal reasoning in Airedale NHS Trust v Bland permitted euthanasia disguised as treatment withdrawal, creating ambiguity for sentient patients.

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Area of Science:

  • Medical Law
  • Bioethics
  • UK Healthcare Policy

Background:

  • Non-voluntary passive euthanasia, though common, is infrequently discussed in the UK.
  • The legal case Airedale NHS Trust v Bland significantly influenced the conceptualization and discussion of euthanasia in the UK.
  • The case's reasoning created a distinction between impermissible euthanasia and permissible withdrawal of futile treatment.

Purpose of the Study:

  • To analyze the legal reasoning in Airedale NHS Trust v Bland.
  • To demonstrate how this reasoning contributed to the conceptual deletion of passive euthanasia in the UK.
  • To explore the ambiguity arising from the extension of Bland's reasoning to sentient patients.

Main Methods:

  • Legal case analysis of Airedale NHS Trust v Bland.
  • Examination of subsequent professional guidance and its interpretation of the ruling.
  • Comparative analysis of the court's consideration of non-sentient versus sentient patients.

Main Results:

  • The court's ruling logically permitted both withdrawal of futile treatment and euthanasia, despite upholding the impermissibility of euthanasia.
  • Professional guidance extended the Bland reasoning to sentient patients, broadening its application.
  • The lawfulness of withdrawing treatment from sentient patients remains unclear due to the focus on treatment futility.

Conclusions:

  • The translation of moral decisions about euthanasia into medical decisions about treatment withdrawal has created legal ambiguity.
  • The current legal and professional framework requires clarification regarding non-voluntary passive euthanasia for sentient patients.
  • Legislation is proposed to resolve the ambiguity and provide clear guidance on 'treatment decisions' in end-of-life care.