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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.]
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://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.
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 (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
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.
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.
It is normal for terminal sedation to be administered by a nurse on the direction of a doctor.
Nurses may assist a doctor in euthanasia.
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.
The EuthaNEWSia ID for this advisory is: enid201006189897.
Mailed: Friday, June 18, 2010 14:05:46 -0600
at Saskatoon, Saskatchewan.
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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