end of life (mini learning) Flashcards
What is gross negligence an example of with regards to killing someone ?
Manslaughter
What are the 4 types of euthanasia ?
- Active
- Passive
- Voluntary
- Non-voluntary
What is meant by Active Euthanasia ?
A conscious action is taken to bring a life to an end
e.g lethal injection
What is meant by Passive Euthanasia ?
Intentionally letting a patient die by withholding life saving treatment/life support
e.g not using ventilation or feeding tube
What is meant by Voluntary Euthanasia ?
Ending a patient’s life at their request to relieve suffering
What is meant by non-voluntary Euthanasia ?
Ending a patient’s life without consent of the patient and without knowing their wishes (patient lacks capacity to choose)
often referred to as “mercy killing”
What is the difference between non-voluntary and involuntary euthanasia ?
involuntary = against patients wishes
non-voluntary = without patient consent but wishes are unknown (patient lacks capacity)
What is physician assisted suicide ?
A physician deliberately helping someone commit suicide
What is the difference between euthanasia and physician assisted suicide ?
euthanasia = deliberately ending a life to end suffering
physician assisted suicide = deliberately assisting someone in ending their own life
List all the non-natural methods of death…
- murder
- man slaughter
- euthanasia
- physician assisted suicide
- suicide
What is Gross Negligence Manslaughter (GNM) ?
A failure to meet the appropriate standard of care, resulting in a death through action/omission that is sufficiently negligent to amount to a crime
How long is the sentence for Gross Negligence Manslaughter?
10-14 years
maximum sentence is life (18 years followed by parole)
What is an example of Active Voluntary euthanasia ?
Assisted suicide (done abroad, illegal in UK)
Name a company that partakes in assisted suicide …
Dignitas (in Switzerland)
Is Active voluntary euthanasia legal in the UK ?
no, it’s illegal
What is an example of Passive voluntary euthanasia?
Elective cessation of treatment from the patient
- Do Not Resuscitate
- Advanced Decision to Refuse Treatment (ADRT)
Is Passive voluntary euthanasia legal in the UK?
Yes, you can sign an ADRT or DNR form to refuse treatment/resuscitation
Name some examples of Active non-voluntary euthanasia…
Murder
Manslaughter
“Mercy killings”
Is Active non-voluntary euthanasia legal in the UK ?
No, it is illegal
Give an example of Passive non-voluntary euthanasia…
Any situation where the patient is in a coma/unconscious/lacks capacity with no other indication of wishes/legal documents, and treatment is ceased due to it being unsuccessful
Is Passive non-voluntary euthanasia legal in the UK ?
If treatment has no clinical benefit then it may be permissible
The medical staff in charge will be vulnerable to allegations of negligence/manslaughter
Is suicide illegal in the UK ?
Suicide is not illegal
Assisted suicide is illegal
Give some examples of ‘pro euthanasia’ arguments…
- gives patient autonomy
- patient has a right to die
- could be seen as an act of compassion to avoid suffering
- maintains the patient’s dignity
- suicide isn’t illegal, why not make it equal ?
Give some examples of ‘anti euthanasia’ arguments…
- sanctity of life = life is precious and doctors shouldn’t be able to play god and end it
- protection of the vulnerable - avoid coercion for benefit of family members etc
- seen as a slippery slope
- palliative care is an option and can help people go comfortably
- patients may be deterred from certain doctors that perform euthanasia frequently
What is the Doctrine of Double Effect
It is morally indefensible to intend to harm and innocent person, but it is morally defensible to perform good intended actions, where harm is foreseen but an unintended consequence
a non-medical example of this is self defence
What piece of legislation allows doctors to administer potentially lethal medications as long as the primary purpose is therapeutic ?
The Doctrine of Double Effect
What are the criteria that, if met, will ALWAYS be prosecuted against in the use of assisted suicide ?
- victim was under 18yrs old
- victim didn’t have capacity to reach informed decision
- victim hadn’t reached a voluntary, clear, informed decision and was pushed into it
- suspect was acting in anyway within their capacity as a medical professional and the victim was under their personal care e.g provide patient their records, knowing that they’ll go to Switzerland etc
What are some circumstances that may make prosecution of assisted suicide less likely ?
- victim had reached a clear, stated, informed decision to commit suicide
- suspect was wholly motivated by compassion
- action of suspect were very minor involvement
- suspect had tried to dissuade victim which resulted in a suicide
- actions of suspect were reluctant in the face of a determined wish of the victim
- suspect reports suicide to police and fully assists enquiries
Who has authority to dispose of a dead body (via burial/cremation/export etc) ?
- coroner
- patient’s beneficiaries stated in the will
- local authorities
Who is the coroner ?
- an independent judicial officer unrelated to the police, crown or civil court systems
- has a legal or bioscience qualification and experience
What is the role of the coroner ?
- establish who has died and how
- can issue a death certificate if medical staff cannot
- can ask for post-mortems
- cannot decide who commuted a crime (if murder etc) but their verdict may influence police/courts etc
