Euthanasia Flashcards
Why is euthanasia prohibited?
Killing is illegal and euthanasia has an intention to kill.
What is required for a person to be guilty of a crime?
Must have committed a guilty act and must have done it with a guilty mind / INTENTION.
Motive has no influence
What is the only exception to the criteria for being guilty of a crime?
Drugs - only have to do the act
What is the crime of killing someone INTENTIONALLY?
Murder - Act and intention
What is the crime of killing someone NEGLEGENTLY / unintentionally?
Manslaughter / gross negligence manslaughter
What will a Dr who assists with euthanasia be charged with?
Murder and attempted murder even with a good motive
What is the Doctorine of double effect? Give an example.
The administration of a large dose of pain relief where the primary intention is to relieve pain even though the consequence may be death.
Not a crime as there is no intention to kill
What type of evidence is there in court?
Direct = clear visual proof Circumstantial = To infer or to prove or disprove beyond reasonable doubt.
Is the withdrawal of treatment from a brain dead Pt a crime?
No, Brain stem death is accepted as death
Is the withdrawal of treatment where there is no hope of recovery a crime?
No - There is no duty to care or treat a pt if the treatment will have no benefit and is not in the pts best interests. Continuation of treatment may be considered battery.
Is the act to accelerate death through withdrawal of treatment a crime?
Murder
What is futility and how is it used in the law?
Pointless / produces no benefit / no significant change. Once a treatment is declared futile it loses clinical and legal justification as it is prolonging the dying process.
How important is QoL in the law?
QoL = Sancity of life but QoL does not give a patient the right to euthanasia.
What is the conflict between the law and human rights in regards to euthanasia?
The law prohibits medically assisted death but rights say it should be allowed due to autonomy.
Is to not provide treatment when a pt has refused it a crime?
No as the Dr only has a duty of care to treat patients with their CONSENT.
Can a patient consent to euthanasia treatment?
No but can make a living will under the MCA which directs which treatments should be withheld. It cannot direct unlawful treament.
What are the public interest factors for prosecution in euthanasia from the victims point of view?
Child / lack capacity - must protect vulnerable
Didn’t consistently express the wish to die
Not terminally ill or suffering
What are the public interest factors for prosecution in euthanasia from the suspects (carried out the act) point of view?
Not motivated by compasion
Hx of abuse or violence
Pressured the victim or didn’t ask if the victim was being pressured
HCP received money for it
Carried out in a public place or special clinic
What are the public factors against prosecution of the victim?
Clear, settled and unequivocal and informed wish of the Pt
What are the public factors against prosecution of the suspect?
Motivated by compassion Tried to dissuade Minor assistance Reluctant Reported to police
In what situation can the discussion of a DNACPR be omitted?
If the dicussion would cause severe physical or psychological harm.
All Pts and nominees should be consulted for advanced decisions as it is not enough to rely on futility.
