South Australia woman gets right to die

Description: [of the article from The Sydney Morning Herald]

A South Australian court ruling that refusing food, water and medication is not suicide has correctly interpreted a woman's right to die, a voluntary euthanasia group says.

But the decision by Supreme Court Justice Chris Kourakis highlights the fact that people with unrelievable and unbearable suffering have few options but to starve and dehydrate, the SA Voluntary Euthanasia Society (SAVES) says.

Justice Kourakis on Thursday said a competent adult was not under a duty to take life-sustaining medication and a refusal to do so was therefore not suicide.


Later in the report:
SAVES president Frances Coombe applauded the decision that will ensure her carers were not prosecuted for complying with her wishes. But she said people should not have to end their lives by starving if they were in unbearable pain. "A person should be allowed the choice of a quick and peaceful death through legal voluntary euthanasia," she said in a statement on Friday.

[There are other related stories in the Links section below.]
[There are stories in the Overflow section below.]

Links:

To read the full article click on one of these links, both of which go to the same destination. A short link is provided for the convenience of readers. Also, readers may search and browse past and future advisories on the web (see bottom.)

  • http://tinyurl.com/2asrv6c

  • http://news.smh.com.au/breaking-news-national/sa-woman-gets-right-to-die-20100618-ym7z.html

    Also see:

  • Australia: Woman in wheelchair wins right to die [ABC News (Australian Broadcasting Corporation)]
    http://www.abc.net.au/news/stories/2010/06/17/2930149.htm
    A South Australian woman who uses a wheelchair has been given the right to die by refusing to take food and medication without her carers facing prosecution. The judgment is believed to be a first in South Australia and reflects a similar ruling in Western Australia last year. The woman, in her 70s, told her nursing home to stop giving her food and drink and the drug insulin, knowing she will die.

    Justice Kourakis ruled the home will not be assisting in a suicide nor committing other crimes if it complies with her desires.

  • New Zealand: "Do not resuscitate" tattoo means exactly what it says [Stuff.co.nz]
    http://www.stuff.co.nz/timaru-herald/news/3825942/Do-not-resuscitate-tattoo-means-exactly-what-it-says
    Paula Westoby is very black and white about what she wants, with "do not resuscitate" tattooed across her chest. The Exit International Dunedin convenor, who was born and raised in Timaru, wants to set up a chapter in her old home town. The lively 81-year-old is not ready to shuffle off the mortal coil yet but when she does she wants to die peacefully and choose how it happens.

    She is part of the organisation Exit International, founded by Darwin's Dr Philip Nitschke, also known as Dr Death. The organisation advocated end-of-life choices and assisted suicide, with chapters around the world and soon, Ms Westoby hopes, in Timaru. "It is unfortunate the way the word euthanasia is used now. It is a Greek word meaning a good death. "People can't imagine what it is like to be really sick and have no quality of life. If you get to the stage where you are half-paralysed and in terrible pain, would you want to hang about in that state of being?"

    She is happy discussing the subject that normally makes others uncomfortable and became part of Exit a few years ago after she went to listen to Dr Nitschke speak.

Source:

Kappelle, Liza. "SA woman gets right to die". The Sydney Morning Herald. June 18, 2010 - 4:24PM. <news.smh.com.au/breaking-news-national/sa-woman-gets-right-to-die-20100618-ym7z.html>. The Sydney Morning Herald, GPO Box 506, Sydney NSW 2001, AU.

Tags:

Tags (or keywords) briefly indicate some major topics of the report.

  • food and water

  • judicial decision

  • suicide

  • South Australian Voluntary Euthanasia Society (SAVES)

  • Frances Coombe

  • Australia

Overflow:

Stories that EuthaNEWSia did not get to:

  • Poll: Czechs keep liberal approach to abortion, euthanasia [Prague Daily Monitor]
    http://www.praguemonitor.com/2010/06/15/poll-czechs-keep-liberal-approach-abortion-euthanasia
    Prague, June 14 (CTK) - A major part of Czechs keep a tolerant approach to abortion and euthanasia, and want capital punishment to be reintroduced, a CVVM agency's poll has shown. Religious faith plays an important role in people's stands on the above issues. Believers more often disapprove of abortion, of euthanasia and of death penalty, the poll showed.

    About euthanasia: As far as euthanasia is concerned, people's opinions have not profoundly changed in the past four years. According to 61 percent of Czechs, the national law should make euthanasia possible, while 29 percent are opposed to this. One in ten respondents was unable to take a position on the issue.

  • USA: Neurologist Fred Plum, expert on comatose patients and advocate for right to die, dies at 86 [The Washington Post]
    http://www.washingtonpost.com/wp-dyn/content/article/2010/06/17/AR2010061705798.html
    Fred Plum, 86, a neurologist who was one of the world's foremost authorities on coma and consciousness and a fierce advocate for patients' right to die, died June 11 at a hospice in Manhattan. He had primary progressive aphasia, a form of dementia. Dr. Plum was the former head of neurology at Weill Cornell Medical College and New York-Presbyterian Hospital, and his research on comatose patients helped build a foundation for their diagnosis and treatment long before technologies emerged that allow doctors to measure brain activity.

    In the early 1970s, he helped coin the term "persistent vegetative state" to describe comatose patients who appear to be awake and aware but are in fact unconscious. Such cases have become more common as medical technology has helped critically injured patients survive. They raise difficult moral and legal questions about whether and how long an unresponsive person should be kept alive.

    Dr. Plum testified as an expert witness in several important court cases that helped establish precedents for allowing a patient's medical treatment to be discontinued. "He felt very strongly that people should die with dignity and control the end of their lives as much as possible and that lives should not be extended beyond the point where a person could feel his own humanity," said his wife, Susan Butler Plum.

  • Saskatchewan: Better palliative care can quell euthanasia debate [Western Catholic Reporter]
    http://www.wcr.ab.ca/news/2010/0621/palliative062110.shtml
    Jeff Christiansen, Executive Director of Regina Palliative Care (a secular health organization) spoke at Holy Trinity Church:

    Better provision of palliative care to the dying would go a long way to reduce the calls for legalized euthanasia, says the head of Regina Palliative Care. "It's not so much what stance to take toward euthanasia, but what stance to take in providing people with palliative care," Jeff Christiansen said in a May 19 talk at Holy Trinity Church.

    Good palliative care is life-affirming, healing-centred rather than disease-centred care, he said. Good palliative care changes the horizon of the death experience so that the person dying and their family and friends can look around.

    Good spiritual care, he noted, enables people to see even beyond the horizon. "The presence of Christ changes the nature of our living and our dying," Christiansen said. "The life and death of Christ changes the horizon of how we see life and death.

  • Right to die billboard causes a stir in San Francisco [abc7news.com]
    http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=7502970
    SAN FRANCISCO (KGO) — It's a simple billboard, raising complicated questions. People advocating what they call "the right to die" brought their message to the Bay Area on Wednesday. On Wednesday, a sign went up at the intersection of Howard and Van Ness. The six words on the sign costs $2,500 and it's getting a lot of attention. Some people are going out of their way to read the billboard and many are taking a double take.

    It reads: "My life my death my choice."

    "I don't like the message, it reminds me of the suicide doctor, why, I don't know. Do we need this? I don't think we need this," says Peter Varga from San Francisco.

    The non-profit behind the sign disagrees. The Final Exit Network says the sign will be up for 30 days. Their message is to terminally ill individuals who choose to end their lives rather than die naturally.

  • San Francisco: Controversial 'Right-To-Die' Billboard Stirs Debate [KTVU.com]
    http://www.ktvu.com/news/23927405/detail.html
    SAN FRANCISCO — Billboards are designed to catch attention and get people talking, and a new advertisement sponsored by right-to-die advocates that recently popped up in San Francisco is doing just that. The group that posted the billboard said they deliberately chose San Francisco to kick off a national dialogue on the right to die. Workers put up the stark black and yellow billboard Tuesday at the intersection of South Van Ness and 12th streets.

    The ad was paid for by New Jersey's Final Exit Network, a nonprofit organization that argues mentally competent people suffering irreversible illness or unrelenting pain should have the right to end their lives. The ad reads My Life My Death My Choice with the web address for FinalExitNetwork.org below. "When we thought of California, we tend to think of San Francisco people as pretty clear thinkers," said Final Exit Network spokesman Frank Kavanaugh in a telephone interview when asked about the reasons behind placing the ad in the Bay Area.

  • Top 5 Myths about Elder Mistreatment [American Academy of Hospice and Palliative Medicine blog]
    http://www.awebsource.com/clients/aahpm/blog/?p=772
    Dr. Solomon Liao, Associate Professor UCI School of Medicine, Geriatrics, writes about the Top 5 Myths about Elder Mistreatment. He begins:

    I often encounter misconceptions about elder mistreatment. The following are the most frequent misconceptions and my responses to them. Please let me know by your replies if you agree with the following.

    Elder Mistreatment cannot or should not occur with good hospice or palliative care. Elder mistreatment occurs even under the best of hospice or palliative care. Hospice and palliative care patients and families have many risk factors for elder mistreatment including caregiver stress, functional and cognitive decline, increased isolation, and increased dependency. The interaction of their decline and pre-existing psychosocial dynamics make these patients high risk for mistreatment. While an interdisciplinary team may reduce or mitigate the risk, the team cannot eliminate the risks in these complex cases.

    The responsibility to investigate elder mistreatment belongs to the social worker. The social worker is not equipped on her own to determine elder mistreatment. She does not have sufficient medical background or training. Because elder mistreatment is as much a medical problem as it is a social one, clinicians need to be involved. The team physician should exert leadership in assessing the medical aspects of mistreatment, such as decision making capacity, suspicious physical findings, and medication over-dosing or under-dosing. Addressing elder mistreatment is the responsibility of the entire team.

  • New Rochelle pharmacist, 78, pleads guilty in shooting death of wife [lohud.com]
    http://www.lohud.com/article/20100610/NEWS02/6100432/-1/newsfront/New-Rochelle-pharmacist—78—pleads-guilty-in-shooting-death-of-wife
    WHITE PLAINS - A 78-year-old former pharmacist who shot his wife to death in their New Rochelle home last year will serve eight years in prison for his actions. Paul Weinstein pleaded guilty today to a reduced charge of first-degree manslaughter for the Sept. 23 slaying of his wife, Helena.

    Weinstein used a World War II-era Walther handgun to shoot his wife as she lay in bed in their 12th-floor apartment at a senior citizen housing complex at 35 Maple Ave. He called 911 to report what had happened and, after a brief standoff with police, surrendered. Weinstein told police in court papers that the shooting was a mercy killing, but later said an argument with his wife - also in her 70s - "set him off" and that he shot her after failing to suffocate her with a pillow.


    [Note: "NY Man Charged With Murder In Alleged 'Mercy' Kill" appeared in the Overflow section of the Dec. 12, 2009 EuthaNEWSia].

  • Age as a Deciding Factor in the Consideration of Futility for a Medical Intervention [Medical Futility Blog]
    http://medicalfutility.blogspot.com/2010/06/age-as-deciding-factor-in-consideration.html
    In the Journal of the American Medical Directors Association, Dr. Cruz-Oliver and colleagues conclude through a survey that internal medicine physicians do not use age as a factor in deciding the futility of a medical intervention. "In patient scenarios with comparable clinical severity of illness, medical interventions were similarly rated as futile in elder and nonelder persons. Less-experienced physicians (residents) were more likely to rate elder cases as futile compared with experienced physicians (attending/fellows)."

  • Studholme of Not Dead Yet on Horan on Betancourt [Medical Futility Blog]
    http://medicalfutility.blogspot.com/2010/06/studholme-on-horan-on-betancourt.html
    Studholme observes that, contrary to New Jersey law, "Trinitas wants doctors to be able to pull the plug when, in their sole opinion, their patient has ‘had enough.’" This is not a role that has ever been entrusted to intramural ethics committees in New Jersey. Instead, "Figuring out who should have the power to make these decisions is work our democracy entrusts to our courts."

  • Connecticut: Court Passes On Assisted Suicide Issue [Connecticut Law Tribune]
    http://www.ctlawtribune.com/getarticle.aspx?ID=37427
    Judge Aurigemma disagreed with the plaintiff's argument that state law was vague and didn't apply directly to physicians who want to help their patients die. "The statute in question, Connecticut General Statutes AS: 53a-56, and the commentary to and legislative history of the statute make it quite clear that assisting a suicide, even for humanitarian reasons, is a crime," Aurigemma wrote.

    The judge added that the legislature had physicians in mind when it crafted the law and that lawmakers ""intended the term "suicide" to include self-killing by those who are suffering from unbearable terminal illness." To support her ruling, Judge Aurigemma stated that unsuccessful attempts to amend the statute were proof of this. "If such assistance [in dying] were already permitted, there would be no need to amend the statute," she wrote.

  • Belgium: Nurses and Euthanasia [le blog de Jacqueline Jencquel]
    http://www.wmaker.net/jencquel/NURSES-AND-EUTHANASIA-SOME-CONFUSION_a471.html
    Dr. Marc Englert, Member of the Commission of Control and Evaluation of the Law on Euthanasia (Belgium), writes to correct the idea that the CMAJ studies suggested that euthanasia was practiced illegally by some nurses in Belgium.

    1. Euthanasia by definition is an act which ends the life of a patient who has requested it. Terminal sedation is different, and is an accepted practice to relieve suffering.

    2. It is normal for terminal sedation to be administered by a nurse on the direction of a doctor.

    3. Nurses may assist a doctor in euthanasia.

    4. The intentional administration of lethal doses of drugs at the end of life without the request of the patient is effectively, in our country as in others, illegal. It is only practiced exceptionally in cases of terrible suffering when a patient is in agony and is no longer capable of expressing his/her wishes. In those cases, it is not an act of euthanasia and if the judiciary takes up the case, the author of this act (whether a physician or a nurse) would only be able to justify the action in a ‘case of absolute necessity’. The Netherlands is the only country where such acts must be reported and placed in the public record. Theoretically, the court is then free to review the evidence but this is rarely or practically never done.

ID:

The EuthaNEWSia ID for this advisory is: enid201006189897.
Mailed: Friday, June 18, 2010 14:05:46 -0600
at Saskatoon, Saskatchewan.

Etcetera:

EuthaNEWSia is a free Canadian news advisory service covering end-of-life issues such as right to die, assisted suicide, and euthanasia. EuthaNEWSia is produced by the Right to Die Society of Canada which works toward a good death for all, including open, regulated and equitable access to euthanasia and assisted suicide. The editor is Michael Dawson <editor@euthanewsia.ca>.

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