Case 1 - end of life Flashcards
what are the different types of non-natural deaths
murder
Manslaughter (+/- gross negligence)
Mercy killing
Euthanasia: active v passive and voluntary vs non voluntary
Suicide
Physician assisted suicide
Accidental death
Combat self defence
what is manslaughter gross negligence
a failure to meet the appropriate standard of care, resulting in death, through action or omission sufficiently negligent to amount to a crime
prison time is 10-14 years
what is the Suicide Act 1961
Decriminalised suicide
created an offence of intentionally encouraging or assisting the suicide or attempted suicide of another person…whether or not a suicide or an attempt at suicide, occurs.’
what is active voluntary euthanasia
includes ‘assisted suicide’
Requested by the patient
Administer by another e.g dignities
Illegal but may not always be prosecuted if occurs abroad
what is passive voluntary euthanasia
elective cessation of treatment - patient’s consent or request
Legal, non-contentious
E.g ADRT
Harry Blackwell
what is active non-voluntary euthanasia
murder
Manslaughter
Illegal but v occasionally prosecution may not meet ‘public interests’ test
what is passive non-voluntary euthanasia
if treatment of no clinical benefit then may be permissible
Vulnerable to allegation of negligence/manslaughter
what are the ‘for’ arguments in euthanasia
Autonomy
Right to die
Compassion / cruelty
Dignity
Equality (as suicide isn’t illegal)
what are the against arguments in euthanasia
sanctity of life
Protection of vulnerable
Slippery slope
Palliation
Doctor patient relationship
what are the potential fatal side effects of opiate analgesics
respiratory depression
what is the doctrine of double effect
it is morally indefensible to intend to harm an innocent person, but it is morally defensible to perform actions with good intended consequences, where harm is a foreseen but unintended consequence
difficult to define what constitutes ‘intended’ - especially if the harm is highly likely to happen - where is the probability threshold
often critisised
what type of euthanasia is uncontentious and legal in the UK
voluntary passive euthanasia
what type of euthanasia is illegal
active euthanasia
what does the doctrine of double effect allow doctors do
administer medication which may be lethal, as long as the primary purpose is therapeutic
when would prosecution be less likely to prosecute
the victim had reached a voluntary. Clear, settled and informed decision to commit suicide
The suspect was wholly motivated by compassion;
The actions of the suspect, although sufficient to come within the definition of the offence, were of only minor encouragement or assistance
The suspect had sought to dissuade the victim from taking the course of action which resulting in his or her suicide
The actions of the suspect may be characterised as reluctant encouragement or assistance in the fact of a determined wish on the part of the victim to commit suicide
The suspect reported the victims suicide to the police and of the suicide or attempt and his or her part in providing encouragement or assistance
which people have the right or duty to dispose of a dead body through burial, cremation or export etc
person’s beneficiaries, the coroner, local authorities
what has to happen before any of these disposals can take place
a medical certificate of cause of death MCCD must be issued - usually by a doctor, occasionally a coroner, and taken to the local register office to register death, usually within 5 days if possible
when must you speak to the coroner
you (the doctor) have not seen the patient within the previous 14 days
The cause of death is not known
Death occurred within 24 hours of admission to the hospital
Death related to surgery or anaesthetic
Sudden, unexpected, violent, suspicious or unnatural deaths
Death due to trauma or poisoning including acute alcohol or drug intoxication
Death from an industrial disease
Neglect plated a role in the death
Deaths in prison or police custody.
who is the coroner?
an independent judicial officer - a freestanding office, unrelated to police, crown or civil court systems
Around 100 jurisdictions - approximate to local authority boundaries
Legal ( or bioscience) qualification and experience
Procurator fiscal in scotland.
What Is their role?
establish who has died and how they died
Inquests - and can issue a death certificate if you can’t
NOT deciding who has committed a crime - although coroner’s verdict may influence police, CPS or civil courts
