SAFEGUARD
Y FOR LIFE-ENDING DECISIONS
THE
PATIENT MUST BE CONSCIOUS
AND
ABLE TO ACHIEVE DEATH
Some systems for enabling a patient to
choose a
voluntary death
require the patient to be conscious until the last moment before death.
Moreover,
the patient must be physically
able to perform
whatever
actions are necessary to bring about his or her own death.
The thinking behind this safeguard emphasizes
patient autonomy.
The
patient (and no one else) is making the life-ending decision.
The
patient should be allowed to change his or her mind
up
until the very last moment of life.
This
is one way to assure that the patient's
choice
is
the basis for the life-ending action.
Taking this safeguard a step further is the
requirement
that
the patient be physically able
to take an action that
brings death:
to
take a lethal drug, to push a button that starts a death-delivering
device,
to
throw a switch that turns off the flow of a life-sustaining drug,
or
to pull a plug on a machine that is keeping him or her alive.
The
action taken by the hands of the patient (or some other voluntary
action)
will
start a physical process that will cause death within a few minutes
—or
a few hours at the most.
CHOOSING
DEATH FOR PATIENTS
WHO ARE NO
LONGER CONSCIOUS OR CAPABLE
This safeguard should be applied when it is most
appropriate
—for
those patients who are fully able to make life-ending decisions
up
to and including the last moment of their lives.
However this conscious-and-capable safeguard should
be optional
for
patients who will be somewhat impaired at the end of life.
They
should not lose the right to have life-ending decisions made for
them
simply
because they can no longer make wise decisions about anything.
Proxies
(chosen by the patient while still fully able to decide)
should
have the same authority to make decisions
as
the patient had thru-out most of his or her life.
When the patient can no longer re-affirm the
life-ending decision,
the
prior wishes of the patient become more important.
The
Advance
Directive for Medical Care was the first place
where
the patient explained his or her philosophy of life and death.
Later
the patient might have made explicit
requests
for death.
Some
patients will choose death because of unbearable
suffering.
Or
death might solve unbearable psychological suffering.
Before
they became unconscious or less able to make decisions,
they
might have given informed
consent
to the plans for death.
Each of these prior statements of settled values and
wishes
becomes
more important if and when the patient
is
no longer able to make wise medical choices.
Common sense allows the proxies to implement the
plans of the patient
if
the patient can no longer re-affirm the plans and/or carry them
forward.
In
other words, this safeguard should be applied selectively,
whenever
it make sense in the context of the whole life of the patient.
An on-line essay argues against the rigid
application of this safeguard:
"Do
I Lose
the Right-to-Die when I Lose Consciousness?"
HOW
REQUIRING CONSCIOUSNESS AND ABILITY TO PERFORM
WILL
DISCOURAGE IRRATIONAL SUICIDE
AND
OTHER FORMS OF PREMATURE
DEATH
This safeguard requiring that the patient be
conscious and capable
will not stop most irrational
suicides,
since
people who kill themselves for foolish reasons
must
also remain conscious
and able up until the
last moment.
If
they lose consciousness or if they lose the ability to pull the
trigger,
then
they will not be able to commit irrational suicide.
At
least, they will not be killing themselves foolishly at that time.
But if
this safeguard requires others to observe the
final moment of life,
then
it does have some potential of saving patients from premature
death.
The
observers might notice something that was missed by the patient.
New
information might become relevant to the plan for death.
If other people are present to the very end,
then
they have some duty to prevent the patient from choosing death
if
death is not the best course of action at the time.
And if the patient is required to perform a
death-dealing action,
which
is clearly known by the patient to cause death,
then
all who observe will have to agree that the patient
took
full responsibility for his or her own death.
To
the best of their ability, any observers should make sure
that
no coercion or manipulation was applied
to
make the patient 'choose' death prematurely.
They
will witness the
offer to
change the plan for death
and
to choose living for a longer period of time.
If
the patient refuses the final offer to change course,
then
the patient will be permitted to take the action that brings death.
Created January 23,
2007; revised August 14, 2008; 2-11-2010; 5-9-2010; 9-9-2010;
5-27-2011; 12-17-2011; 2-1-2012; 2-2-2012;
2-23-2012; 3-24-2012;
8-3-2012; 8-23-2012;
3-5-2013; 6-28-2013; 7-13-2014; 5-21-2015; 7-9-2015; 12-28-2015;
2-12-2018;