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Published on: October 18, 2012
Drawing the line on physician-assisted death
Lynn A Jansen1, Steven Wall2, Franklin G Miller3
1The Center for Ethics in Health Care, Oregon Health & Science University, Portland, Oregon, USA.
Insights
Physician-assisted death (PAD) should be restricted to the terminally ill. Arguments from fairness-based paternalism and the social meaning of medicine support limiting PAD, especially for non-terminally ill patients.
Area of Science:
- Medical Ethics
- Bioethics
- Legal Medicine
Background:
- Physician-assisted death (PAD) is a growing medical practice with expanding legal acceptance.
- Determining the appropriate scope of PAD is a pressing ethical and legal challenge.
- Current debates involve PAD for both terminally ill and non-terminally ill patient groups.
Purpose of the Study:
- To present an argument for restricting PAD to terminally ill patients.
- To explore the ethical considerations of fairness-based paternalism and the social meaning of medical practice in relation to PAD.
- To analyze the implications of these principles for extending PAD to non-terminally ill populations.
Main Methods:
- Philosophical argumentation
- Ethical analysis
- Legal interpretation
- Case study analysis (treatment-resistant depression)
Main Results:
- The principles of fairness-based paternalism and the social meaning of medicine provide a strong ethical basis for limiting PAD to the terminally ill.
- These principles are less compelling when applied to proposals for extending PAD to non-terminally ill patients.
- The case of non-terminally ill patients with treatment-resistant depression presents a significant challenge to this restriction.
Conclusions:
- A principled argument exists for restricting PAD to the terminally ill, grounded in fairness and the societal role of medicine.
- Extending PAD beyond the terminally ill, particularly to those with conditions like treatment-resistant depression, requires careful ethical consideration.
- The debate on PAD necessitates a nuanced understanding of medical ethics, patient autonomy, and societal values.
Abstract:
Drawing the line on physician assistance in physician-assisted death (PAD) continues to be a contentious issue in many legal jurisdictions across the USA, Canada and Europe. PAD is a medical practice that occurs when physicians either prescribe or administer lethal medication to their patients. As more legal jurisdictions establish PAD for at least some class of patients, the question of the proper scope of this practice has become pressing. This paper presents an argument for restricting PAD to the terminally ill that can be accepted by defenders as well as critics of PAD for the terminally ill. The argument appeals to fairness-based paternalism and the social meaning of medical practice. These two considerations interact in various ways, as the paper explains. The right way to think about the social meaning of medical practice bears on fair paternalism as it relates to PAD and vice versa. The paper contends that these considerations have substantial force when directed against proposals to extend PAD to non-terminally ill patients, but considerably less force when directed against PAD for the terminally ill. The paper pays special attention to the case of non-terminally ill patients who suffer from treatment-resistant depression, as these patients present a potentially strong case for extending PAD beyond the terminally ill.
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