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ETHICAL DECISION MAKING &ASSISTED SUICIDE: NO EASY ANSWERSJo Fernandes: Practice Development Nurse
Hospice of St Francis
June 2012
AIMS
The law Helpful guidelines / theory Public influences Case studies
Current UK law
1961 Suicide Act remains unchanged
↡
Assisting in someone’s
suicide = ILLEGAL
Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide
February 2010
“Let me make it clear; only parliament can change the criminal law…. So the critical question I have considered is; what are
the circumstances in which it is or is not in the public interest to prosecute a person
who assists in another’s suicide”
www.telegraph.co.uk
23/09/09
16 FACTORS IN FAVOUR OF PROSECUTION
“We are proud of the way we temper justice with mercy”
Starmer 09
“An act by which the Doctor’s primary
intention is to bring about a
patient’s death would be unlawful”
“it is for the law lords to decide the law of the land”
June 2011
CONCLUSION
“The commission has concluded that it is possible to devise a legal framework that would set out strictly defined circumstances in which terminally ill people could be assisted to die, while providing upfront safeguards to protect potentially vulnerable people. It must be a matter for parliament to decide on behalf of our society as a whole whether to implement such a framework
PUBLIC SUPPORT
“Submission to the commission on
Assisted dying”April 2011
Reinforces ethos of hospice and palliative care :
“intends to neither hasten nor postpone death”
The Media
NU
RS
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BU
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D S
OM
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ULLIE
D P
ATIE
NTS
. OTH
ER
EX
HA
US
TED
NU
RS
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WO
ULD
BE IN
TEA
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BEC
AU
SE T
HEY C
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LD N
OT G
IVE B
AS
IC C
AR
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Sunday 26.06.11
“The Killing Wards”
June 13th 2011
ETHICAL THEORY
Burden
Benefit
BEA
UC
HA
MP
AN
D
CH
ILD
RESS
Beneficence
Non- maleficence
Autonomy
Justice
THE FOUR PRINCIPLES
Do NOT provide a method for choosing
Do provide a common moral language and a common set of moral issues…
CASE STUDY 1
“If my symptoms get worse I’d rather be dead, so I’m going to take an overdose with those pain killers you’ve prescribed me”
Desire for
Death
Exploration of despair/
vulnerability
Intense level of distress conveyed
to HCP
Time
Desire for death
changes
Protocols blunt
instruments
Breaking confidenti
ality
NO
EA
SY
A
NS
WER
S
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