Advantages of the Premature-Death Approach to the Right-to-Die

Creates Common Ground with
Former Opponents of the Right-to-Die


    Opponents of the right-to-die reject choosing death
because they worry that abuses and mistakes will occur,
which will result in unnecessary loss of life.
These worries by the opposition are explored in great detail in
a catalog of worries, problems, dangers, perils, abuses, & mistakes
possible under any system permitting chosen death
.
This catalog explores several different possible abuses,
including such things as protecting patients from greedy relatives,
preventing teen suicides, controlling 'angels of death',
& preventing the devaluation of certain patients.
Each sort of potential problem
is linked with a specific set of recommended safeguards
that would be most effective in preventing that abuse or mistake
.

    When each proposed safeguard is examined in detail,
it becomes evident that the fundamental purpose of that safeguard
is to prevent premature deaths.

    And this is also the goal of the opposition,
to prevent what they call "physician-assisted suicide" and "euthanasia".
These problematic expressions are discussed at length at these links.
And some more neutral expressions are offered:
"physician aid-in-dying" and "gentle death".

    People who oppose the so-called "right-to-die"
worry that vulnerable patients will be put to death without authorization.
And they believe that the best way to prevent such abuses
is to resist any and all attempt to change the laws.

    But when the laws are changed in such a way
as to define the new crime of causing premature death,
then the worries of the opposition are embodied in the new laws.
Such laws explicitly define and punish any behavior
that would cause the premature death of the patient,
for instance, choosing death without exploring other alternatives first.

    The safeguards embodied in laws against causing premature death
offer easy-to-understand methods for separating
life-ending decisions that would result in a premature death
from life-ending choices that would result in a timely death,
death at the best time
not too soon, not too late.

    Each side of the right-to-die debate sometimes demonizes the other.
But if everyone concerned about deciding the best time to die
were to cooperate in creating new laws against causing premature death,
we could probably make laws that both sides can embrace.

    This is the common ground:
We all want to prevent patients from dying too soon.
There are many ways in which patients might be hustled into death.
And the explicit safeguards in any laws against causing premature death
would describe specific methods by which such abuses will be avoided.

    And in those rare cases when life-ending decisions do harm,
the laws against causing premature death will punish the offenders
by putting them into prison for significant periods of time.
These potential punishments will be well known
by everyone in the health-care professions.
Just as they now worry about malpractice suits if they make mistakes,
they will then have to worry about criminal prosecution
if they do or say anything to cause any patient to die prematurely.

    Likewise, laypersons who might be tempted to 'pull the plug' too soon
will know that they might be charged with causing premature death
if their reasons for wanting the patient dead
do not correspond with the best interests of the patient.

    Let the creative dialog begin.
The old laws against murder are very blunt instruments
when applied to complicated bedside decisions for dying patients.
So we do need new laws specifically addressing
the abuses and mistakes that can take place in any medical setting.

    In the recent past, relatives charged with 'mercy-killing'
have often been acquitted by sympathetic juries.
The family members were motivated
by compassion for the suffering of their dying relative.
And when they saw no established means of choosing a wise death,
they committed the crime commonly known as "mercy-killing".

    When new laws are created to punish causing premature death,
'mercy-killings' will become less common.
Laypeople as well as heath-care professionals
will know exactly what safeguards they should fulfill
to make sure that they are proceeding
toward a wise and ethical decision for death
.
In many case, the safeguards will tell the relatives to go slow,
trying alternative approaches before they finally decide
that death is the best choice for the suffering patient.



Created March 30, 2007; revised 3-31-2007; 2-1-2008; 2-28-2008; 8-25-2008; 3-5-2009; 6-7-2009;
3-27-2010; 2-15-2011; 1-17-2012; 1-22-2012; 2-28-2012; 3-30-2012; 7-19-2012; 9-7-2012;
4-6-2013; 4-20-2014; 3-18-2015; 7-15-2015; 8-7-2016; 2-23-2018; 12-1-2020


These comments are also Section B of Chapter 60 of

How to Die: Safeguards for Life-Ending Decisions:
"Creates Common Ground with Former Opponents of the Right-to-Die".



Go to other Advantages of the Premature-Death Approach to the Right-to-Die.

See the Model Statute called Causing Premature Death.

This draft legislation embodies 26 recommended safeguards.



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