Euthanasia

Question 1

Why is euthanasia prohibited?

Answer 1

Killing is illegal and euthanasia has an intention to kill.

Question 2

What is required for a person to be guilty of a crime?

Answer 2

Must have committed a guilty act and must have done it with a guilty mind / INTENTION.
Motive has no influence

Question 3

What is the only exception to the criteria for being guilty of a crime?

Answer 3

Drugs - only have to do the act

Question 4

What is the crime of killing someone INTENTIONALLY?

Answer 4

Murder - Act and intention

Question 5

What is the crime of killing someone NEGLEGENTLY / unintentionally?

Answer 5

Manslaughter / gross negligence manslaughter

Question 6

What will a Dr who assists with euthanasia be charged with?

Answer 6

Murder and attempted murder even with a good motive

Question 7

What is the Doctorine of double effect? Give an example.

Answer 7

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

Question 8

What type of evidence is there in court?

Answer 8

Direct = clear visual proof
Circumstantial = To infer or to prove or disprove beyond reasonable doubt.

Question 9

Is the withdrawal of treatment from a brain dead Pt a crime?

Answer 9

No, Brain stem death is accepted as death

Question 10

Is the withdrawal of treatment where there is no hope of recovery a crime?

Answer 10

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.

Question 11

Is the act to accelerate death through withdrawal of treatment a crime?

Answer 11

Murder

Question 12

What is futility and how is it used in the law?

Answer 12

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.

Question 13

How important is QoL in the law?

Answer 13

QoL = Sancity of life but QoL does not give a patient the right to euthanasia.

Question 14

What is the conflict between the law and human rights in regards to euthanasia?

Answer 14

The law prohibits medically assisted death but rights say it should be allowed due to autonomy.

Question 15

Is to not provide treatment when a pt has refused it a crime?

Answer 15

No as the Dr only has a duty of care to treat patients with their CONSENT.

Question 16

Can a patient consent to euthanasia treatment?

Answer 16

No but can make a living will under the MCA which directs which treatments should be withheld. It cannot direct unlawful treament.

Question 17

What are the public interest factors for prosecution in euthanasia from the victims point of view?

Answer 17

Child / lack capacity - must protect vulnerable
Didn’t consistently express the wish to die
Not terminally ill or suffering

Question 18

What are the public interest factors for prosecution in euthanasia from the suspects (carried out the act) point of view?

Answer 18

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

Question 19

What are the public factors against prosecution of the victim?

Answer 19

Clear, settled and unequivocal and informed wish of the Pt

Question 20

What are the public factors against prosecution of the suspect?

Answer 20

Motivated by compassion
Tried to dissuade
Minor assistance
Reluctant
Reported to police

Question 21

In what situation can the discussion of a DNACPR be omitted?

Answer 21

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.