Death with dignity movement
May 2016 | Candace Dellacona, Esq.The “Death with Dignity” movement has been spreading rapidly throughout the nation in recent years in an effort to legalize the concept of self-euthanasia: the use of pharmaceuticals to end your own life when faced with a terminal or debilitating condition.
The issue has become more and more prevalent, largely due to the media attention bringing compelling stories to audiences about the concept of self-determination when dealing with a terminal illness.
The most notable case was out of California where a young and vibrant Brittany Maynard was diagnosed with a terminal and debilitating brain tumor. Ms. Maynard waged a vocal and staunch campaign to end her life, but could not do so in her state of residence, California. Instead, Ms. Maynard and her husband & parents were forced moved to Oregon where she could determine, along with medical assistance, the end of her life.
Oregon is a trailblazing state in the death with dignity movement; it passed the first such law entitled the “Oregon Death with Dignity Act” in 1997; Oregon’s statute is the model for all other states. Oregon’s law – along with the similarly-drafted Vermont and Washington State laws – are in place to assist terminally ill patients in ending their lives with medical assistance and consultation. Nearly half of the states in this country have introduced some sort of legislation related to the death-with dignity issue, with varying degrees of success.
The majority of those opposed to this movement are religious-based, but there are a number of advocacy groups materializing that are waging an equally staunch movement in opposition of physician-assisted suicide rights.
Not Dead Yet – one of the largest such groups – identifies itself as a disability rights group. This group has expressed concern that the elderly and disabled will be coerced into ending their lives without actual consent and the challenges that terminally ill patients face are similar to challenges of disabled people, including loss of control, dependence on caregivers, cost of treatment, and chronic pain. Not Dead Yet maintains that none of those issues should be justification for ending one’s life.
The battleground for the concept of death with dignity is both in the legislative and judicial arenas currently in New York State. The Death with Dignity Act and Patient Self-Determination Act was introduced by Assemblywoman Linda Rosenthal (D -Manhattan) to the New York State Assembly’s Health Committee earlier this year; a parallel bill proposal was introduced by Diane Savino (D-Staten Island/Brooklyn) and Brad Hoylman (D-Manhattan) to the New York State Senate shortly thereafter.
In the judicial arena, there is a lawsuit before the New York State Supreme Court that, if successful, would allow for physician-assisted suicide. The lawsuit was brought by several doctors who wish to assist their patients in ending their lives as well as three patients who want assistance from their doctors to end their lives.
The outcome(s) of both the legislation and the lawsuit are anyone’s guess at this point. Since the state of death with dignity in New York is nowhere near guaranteed, it should be noted that it is imperative to have the proper advanced health care directives in place.
In New York State, the preferred document is the Health Care Proxy, in which one may appoint an agent to make health care decisions on their behalf in the event that he/she is unable to articulate their wishes to their health care provider.
Please contact your Legal Service Plan’s National Legal Office if you have any questions or concerns about this topic.
The issue has become more and more prevalent, largely due to the media attention bringing compelling stories to audiences about the concept of self-determination when dealing with a terminal illness.
The most notable case was out of California where a young and vibrant Brittany Maynard was diagnosed with a terminal and debilitating brain tumor. Ms. Maynard waged a vocal and staunch campaign to end her life, but could not do so in her state of residence, California. Instead, Ms. Maynard and her husband & parents were forced moved to Oregon where she could determine, along with medical assistance, the end of her life.
Oregon is a trailblazing state in the death with dignity movement; it passed the first such law entitled the “Oregon Death with Dignity Act” in 1997; Oregon’s statute is the model for all other states. Oregon’s law – along with the similarly-drafted Vermont and Washington State laws – are in place to assist terminally ill patients in ending their lives with medical assistance and consultation. Nearly half of the states in this country have introduced some sort of legislation related to the death-with dignity issue, with varying degrees of success.
The majority of those opposed to this movement are religious-based, but there are a number of advocacy groups materializing that are waging an equally staunch movement in opposition of physician-assisted suicide rights.
Not Dead Yet – one of the largest such groups – identifies itself as a disability rights group. This group has expressed concern that the elderly and disabled will be coerced into ending their lives without actual consent and the challenges that terminally ill patients face are similar to challenges of disabled people, including loss of control, dependence on caregivers, cost of treatment, and chronic pain. Not Dead Yet maintains that none of those issues should be justification for ending one’s life.
The battleground for the concept of death with dignity is both in the legislative and judicial arenas currently in New York State. The Death with Dignity Act and Patient Self-Determination Act was introduced by Assemblywoman Linda Rosenthal (D -Manhattan) to the New York State Assembly’s Health Committee earlier this year; a parallel bill proposal was introduced by Diane Savino (D-Staten Island/Brooklyn) and Brad Hoylman (D-Manhattan) to the New York State Senate shortly thereafter.
In the judicial arena, there is a lawsuit before the New York State Supreme Court that, if successful, would allow for physician-assisted suicide. The lawsuit was brought by several doctors who wish to assist their patients in ending their lives as well as three patients who want assistance from their doctors to end their lives.
The outcome(s) of both the legislation and the lawsuit are anyone’s guess at this point. Since the state of death with dignity in New York is nowhere near guaranteed, it should be noted that it is imperative to have the proper advanced health care directives in place.
In New York State, the preferred document is the Health Care Proxy, in which one may appoint an agent to make health care decisions on their behalf in the event that he/she is unable to articulate their wishes to their health care provider.
Please contact your Legal Service Plan’s National Legal Office if you have any questions or concerns about this topic.