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Published on: August 30, 2020
A qualitative focus group study on legal experts' views regarding euthanasia requests based on an advance euthanasia
D O Coers1,2, S H Scholten3, M E de Boer3,4
1Department of Medicine for Older People, Amsterdam University Medical Center, De Boelelaan 1117, 1081 HV, Amsterdam, The Netherlands. d.o.coers@amsterdamumc.nl.
Physicians struggle with euthanasia decisions for dementia patients lacking capacity. Legal experts stress interpreting current wishes alongside advance directives, but more legal guidance is needed for physicians.
Area of Science:
- Medical Law
- Bioethics
- Geriatric Medicine
Background:
- The Dutch Euthanasia law allows euthanasia for advanced dementia patients lacking decisional capacity, based on advance directives.
- Physicians face challenges in applying due care criteria in these complex cases.
Purpose of the Study:
- To explore legal experts' perspectives on fulfilling due care criteria for euthanasia in advanced dementia.
- To identify needs for additional legal guidance to support physicians' decision-making.
Main Methods:
- Qualitative study involving legal experts.
- Two focus group sessions were conducted.
- Thematic content analysis and framework method were used for data interpretation.
Main Results:
- Legal experts emphasize considering current patient wishes alongside advance euthanasia directives.
- Physicians are responsible for interpreting both directives and current expressions, despite challenges with changing preferences and assessing suffering.
- Differing views exist on prioritizing life wishes over advance directives in dementia patients.
Conclusions:
- Due care criteria in the Dutch Euthanasia law are open norms requiring case-by-case interpretation by physicians.
- Physicians bear the responsibility for interpreting advance directives and patient expressions, with limited additional legal support.
- There is a need for clearer legal guidance to aid physicians in complex euthanasia decisions for dementia patients.
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