Do you have the right to end your suffering? Death with Dignity Act.

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Presentation transcript:

Do you have the right to end your suffering? Death with Dignity Act

Essential Questions Should the United States Government play a role in the human experience concerning death and decisions made concerning death with dignity? Should terminally ill patients have the right to control how their life comes to an end?

Cruzan v. Director Missouri Department of Health (1989) Does a patient have the right to refuse life saving treatment? The court found that a person in Nancy's condition had a fundamental right under the State and Federal Constitutions to refuse or direct the withdrawal of "death prolonging procedures” Patients must be competent or have expressed their wishes to a guardian while they were competent

Washington v. Glucksberg (1997) The “liberty” protected by the Due Process Clause of the United States Constitution does not include the right to assist suicide. The Supreme Court upheld the law to ban assisted suicide in Washington State

Gonzales v. Oregon (2006) A U.S. Attorney General attempted to side step Oregon's death with dignity law by making it illegal through the controlled substance act Justice Kennedy: “The act discusses illegal dealing of drugs by doctors, not medical practice” Justice Antonin Scalia; 'If the term 'legitimate' medical purpose has any meaning, it surely excludes the prescription of drugs to produce death” The resulting federal statute authorizes the national government to override a state's assertion of the acceptability of some kinds of what would generally be considered drug misuse (e.g., to achieve euphoria) but not of others (e.g., to bring about death)."

Death with Dignity Death with Dignity –Request for Medication An adult (18 years of age or older), A resident of Oregon, [see Oregon's definition of "resident" in the Editor's Note below] Capable (defined as able to make and communicate health care decisions) Diagnosed with a terminal illness that will lead to death within six months.

Death with Dignity – Receiving Medication Patient must make two oral requests, separated by at least 15 days. Patient must provide a written request to their physician, signed in the presence of two witnesses. The prescribing physician and a consulting physician must confirm the diagnosis and prognosis. The prescribing physician and a consulting physician must determine whether the patient is capable. If either physician believes the patient's judgment is impaired by a psychiatric or psychological disorder, the patient must be referred for a psychological examination. The prescribing physician must inform the patient of feasible alternatives to assisted suicide, including comfort care, hospice care, and pain control. The prescribing physician must request, but may not require, the patient to notify his or her next-of-kin of the prescription request."

Pros of Death with Dignity Video

Cons of Death with Dignity Video

14 th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Does the right to end your own life deserve protection from the deprivation of life, and liberty?