Abstract This paper describes the contents of Oregon's Death with Dignity law, the pros and cons of the statutes, and the potential impact of the law on the American health system. The paper includes the chronology of the law and efforts to repeal it.
From the Paper "Oregon's Death with Dignity Act passed into law via a voter referendum in legalized physician-assisted suicide in cases in which an individual diagnosed as terminally ill seeks assistance in terminating his or her ..."
Tags: physician assisted suicide, Oregon's Death with Dignity law
Abstract This paper discusses the only successful legalization of physician-assisted suicide in the U.S.A., the Oregon law called the Death with Dignity Act, passed in 1994 by a voter referendum and hung up in court for three years before another voter referendum to repeal the law was defeated in November 1997, and it became legal. The author explains that personal experiences with dying family members led her to believe that terminally-ill patients should have the right to die as they wish, and physicians should have an important role in that decision. The paper relates that the public's support for assisted suicide or physician-assisted suicide has increased over the past 50 years; today 72% of the population supports this issue.
Table of Contents
Introduction
Overview of the Law
Supporting Arguments
Conclusion
From the Paper "The law also requires the prescribing physician to report all requests for medication to the Oregon Department of Human Services. In addition, in 1999, the Oregon Legislature added a requirement that pharmacists must be informed of the prescribed medication's ultimate use. Physicians and patients that follow the above requirements are protected from criminal prosecution under the law. In addition, choosing physician-assisted suicide will not affect the status of a patient's health or life insurance policies. There is no obligation for physicians and health care systems to participate in the law."
Tags: terminal, pharmacist, family, support, public
Abstract In this paper, the writer makes use of the views of a doctor and of Socrates to demonstrate different views on death and dying. The writer examines the concept of a "good death" and death with dignity. The writer discusses how death with dignity currently refers more to medical science easing the pain of death, than to the Socratic idea.
From the Paper "A great deal has been written in recent years about the concept of a good death or death with dignity. Sherwin B. Nuland stated that an entire mythology has grown up around the process of dying. Like most mythologies, it is based on the inborn psychological need that all humankind shares. The mythologies of death are meant to combat fear on the one hand and its opposite wishes on the other. It will be argued in this report that death with dignity is now understood ... "
Abstract This paper details recent legislation on assisted suicide known as the Oregon Death with Dignity Act. David Gil's Policy Analysis Framework is used to analyze the new law. According to Gil's analysis, the "objective" of Oregon's Death with Dignity Act is to settle the dispute as to what the desires of an incapacitated person really are. The author concludes that as a result of the enactment of this law, the number of physician-assisted suicides will continue to grow, and disability supporters will protest and try to bring awareness to the general public.
From the Paper "The danger of defining "terminal" with time limits or definitions of illness is that these limits may be defined differently by different doctors. In the Netherlands "terminal" is simply "concrete expectancy of death" and time limits and definitions of "terminal illness" have been fastidiously avoided, to protect both the ill and their physicians when a terminal illness or mental state cannot be judged within these limits. Patients may suffer long past the six months that the doctor assumes is remaining for the patient. (Marker, 2006) In Oregon, the legal interpretation of "terminal disease" is "an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months." [1995 c.3 s.1.01; 1999 c.423 s.1] (Definitions, 12)"
Abstract This paper discusses Oregon's "right to die" legislation - its Death with Dignity Act. The paper discusses the strain on health care in the United States and then argues that allowing a patient to die of his/her own volition is a better use of health care facilities than taking heroic measures to prolong life, regardless how painful, demeaning or without purpose.
From the Paper "Lost in the debate about Oregon's "right to die" legislation is that the State of Oregon also embarked on a thorough analysis of healthcare rationing. The state disallowed a number of categories of medical treatment, and cut back on a number of other such methods, in order to free up resources to focus on the sicker patients. The overall goal was to support procedures and the use of resources in such a way that healthcare was enhanced. The right-to-die legislation was part and parcel of this overall effort. Those backing the legislation in the State understood that heroic expenditures at the end of life were not only futile, but they diverted scarce resources from other areas where the patients could be better-helped."
Abstract This paper examines how through Ernest J. Gaines's novel "A Lesson Before Dying" and Wendell Berry's "Hannah Coulter", we can see the importance of giving the living a lesson about death. It looks at how death is viewed in both stories as a natural part of life and as something that should be used to educate the living. It shows how in "A Lesson Before Dying", this education occurs through Jefferson's character, when he is told to die with pride and therefore set an example for others, demonstrating to them that there is nothing to fear from death. It also discusses how in "Hannah Coulter", the idea of dying with dignity is demonstrated through Nathan's traumatic struggles with the fact that he watched so many die without dignity.
From the Paper "In Ernest J. Gaines novel, A Lesson Before Dying, readers are presented with a very serious dilemma regarding the death penalty, and the concept of inflicting death as a punishment. The story is about a man who is arrested and persecuted for a killing that he, in fact, had no part in. This character, Jefferson, was simply in the wrong place at the wrong time; as a result of his bad luck, he was accused of killing three men. However, Jefferson was simply there; he did nothing wrong and took no part in this crime. The unfortunate circumstance for Jefferson is the fact that he is poor and black, and these two stereotypical factors prevent must individuals from actually believing that Jefferson is innocent. In response to the present crime, Grant Wiggins comes into the story. "
Abstract The paper discusses how death is inevitable, yet, people don't like to talk about it, think about it or deal with it. The paper reveals that everyone is going to eventually die, the only question is when and from what. The paper describes how the goal of the Hospice Foundation of America and everything that the workers of the hospice do is designed to improve the quality of the patient's last days. They do this by offering comfort, understanding and dignity. The paper explains the five stages of death as they have been defined by Dr. Kubler-Ross. These are denial, anger, bargaining, depression and finally, acceptance. The paper discusses how the best way to help the family through difficult times is to plan ahead, make wishes known and have them in writing long before the actual death.
From the Paper "Many people believe that Hospice is a physical place but it isn't. While there are many Hospice care centers throughout the nation, Hospice is actually a concept about death, grief and dying. It is a concept that is founded in the belief that comfort and support to patients and their families should be the focus when death is near. Hospice generally will partner with the family of a terminally ill patient who is expected to die within the next six months."
Tags: comfort, dignity, grief, support, patient, family
This paper analyzes Ernest Hemingway's classic novel "For Whom the Bell Tolls" and explores the themes of death and dignity as it relates to each of the characters in the book.
Abstract This paper discusses the prominent theme of dignity in the face of hardship that each character faces in Hemingway's novel "For Whom the Bell Tolls." The novel focuses on the main character of Robert, the American professor who has come to Spain to join the fight against the fascists. The writer of this paper also examines the title: "For Whom the Bell Tolls" which bears great meaning and relevance to the events of the novel.
From the Paper "A world of torture and pain would await him in such a case, where he would have no control over his time of death. However the reader did not see whether this possibility turned to a reality. The danger involved with fighting wounded was wholeheartedly applauded by Hemingway, because while he did not give a definitive ending, Robert's sacrifice was inarguably noble. There is a level of irony in Robert's death that is impossible to miss."
Tags: book, review, analysis, death, dignity, ernest, hemingway, spanish, war
Abstract The author of this paper reviews the various definitions,approaches, legislation issues and the position of the American Medical Association and the ?Death with Dignity Act" about the need to establish the right to physician-assisted suicide. Arguments against physician-assisted suicide are logically refuted.
From the Paper "When we are young, most of us do not think about making a conscious decision to die. We look forward to years of long and healthy life, and if death ever seems appealing, it is as an antidote to depression. It does not often, if ever, occur to us that there will be a time when we look forward to the "good death" promised by euthanasia."
Abstract The Oregon Death with Dignity Act is a voter-approved initiative to allow for physician-assisted suicide under certain clearly defined circumstances and following specific procedures. This paper looks at the history of the law and the legal cases leading up to the passing of the law. Thereafter, the paper looks at the pros and cons of the law, reactions to the law by different interest groups and the law in reality.
From the Paper "The first challenge to the law caused a federal judge to rule that Oregon's assistedsuicide law was unconstitutional because it unfairly discriminates against the dying. The court stated, "There is little assurance that only competent terminally ill persons will voluntarily die. Some 'good results' cannot outweigh other lives lost due to unconstitutional errors and abuses" ("Oregon AssistedSuicide Law Revoked" 18). Then, the 9th U.S. Circuit Court of Appeals rejected this lawsuit and ordered a lower court judge to throw out the suit against the 1994 law, stating that those bringing the suit could not show that they faced an imminent threat of harm and so had standing to bring the suit. This is the decision the Supreme Court then refused to hear. However, the U.S. Congress then considered a way around the law through the Assisted Suicide Funding Restriction Act of 1997, Senate bill 304, which included a provision that would ban the use of federal funds "to cause, or to assist in causing, the suicide, euthanasia or mercy killing of any individual" (Kalmeyer 3835)."
Abstract The paper reviews the controversy over a terminally ill patient's desire to die with dignity instead of waiting to suffer a lengthy and slow process.
Abstract A written analysis of the case of "Gonzales vs. Oregon", which is currently being debated at the Supreme Court level. This case stems from the 1994 passage of the Death with Dignity Act, which allows terminally ill and mentally competent individuals to obtain drugs that could be utilized in the state of Oregon. The current debate questions administrative law and whether the former Attorney General John Ashcroft's interpretation of the Federal Control Substance Act to outlaw these drugs is valid and if the Justice Department is overstepping its boundaries.
From the Paper "Oregon voters approved the legalization of physician assisted suicide (PAS) in November, 1994. After being legally challenged the Oregon PAS law became effective in the latter part of 1987. Since 1998 and through 2004 there have been a total of 208 PAS deaths in the State of Oregon. There are existing concerns with the legalization of physician-assisted suicide and there has been a great debate about the legality and morality of this practice. All levels of American society look harshly upon the thought of the use of drugs or other means to hasten the death of someone even though they may be in excruciating terminal pain however, healthcare modernization has changed the very "character of death and dying." (Pew Forum on Religion & Public Life, 2005) The case of Gonzales v. Oregon has arisen out of the debate which is one that is morally charged in nature as well as being the focus of lawsuits in relation to end-of-life decisions. However, this case has been subject to technical legalities and statutory interpretation."
Abstract The paper examines the Oregon Death with Dignity statute. The paper discusses who the statute is likely to affect, and who the players are that have a vested interest. The paper further examines the ethics involved in doctor-assisted suicides. The paper explores the role that medical insurance companies play in supporting the statute. The paper concludes that the power of the statue should be in the hands of the public, not the physicians.
From the Paper "The short term effect of the statute is that federal resources previously used to care for the elderly and terminally ill will be freed up to be allocated toward other uses. Since the statute effects the population in question, the public will not take any action to change the mindset of these ill individuals. Rather, their "right-to-die" will be supported. The long term effect of the statute is that no physician will be charged with manslaughter for facilitating an assisted suicide, or prosecuted under drug laws. More importantly, doctors will once again be in control of making all of the health care decisions. Those that probably do not really want to die will assess their current situation, and assume that the government is most likely right in its reach."
Tags: long-term, illness, patient, health, care, resources, elderly, terminally, ill
Abstract This paper relates that some of the issues regarding physician-assisted suicide are the evolution of rights, ethics and "the slippery slope" argument. The author points out that the issue of physician-assisted suicide has rapidly moved from being a secret, marginal matter to a real topic of discussion for most people in the United States. The paper contends that the issue of physician-assisted suicide is related to the availability of end-of-life palliative care.
Table of Contents:
Literature Review
Dr. Jack Kevorkian
The Federal Government and States Treat Physician-Assisted Suicide in the Courts
Doctors Speak Their Mind on Physician-Assisted Suicide
Scope of the Problem
A Question of Healthcare
Do The Terminally Ill Really Want Physician-Assisted Suicide?
Breakdown of Policy
Legislative Counsel Committee of the Oregon Legislative Assembly
How the Act Was Brought Into Being
Subsequent Progression to Present Day
From the Paper "In 1997, the U.S. Supreme Court unanimously upheld decisions in New York and Washington State that affected assisted suicide and made it illegal. They overturned rulings in the 2nd and 9th Circuit Courts of Appeal striking down state statutes banning physician-assisted suicide. Those statutes, which prohibited doctors from prescribing lethal medication to competent, terminally ill adults, were found to violate the 14th Amendment. In striking the appellate decisions, the U.S. Supreme Court basically declared that no constitutional "right to die" existed, but individual states might enact legislation permitting or prohibiting physician-assisted suicide."
Abstract The writer notes that today, with advanced technology and medical care, most terminal cases in hospitals, and greater involvement of legislation with privacy issues, dying has become complicated. In this article, the writer discusses that Oregon with its Death and Dignity Act (DWDA), permits terminally-ill state residents to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose. The writer maintains that this issue presents a valuable opportunity for individuals to decide while they can how to react to end-of-life issues before they become too prominent. The writer concludes that it is hoped that people can be objective and look at both sides of this issue for themselves and others to determine what is best for most people in the long term.
From the Paper "Implementation of the Oregon "Death with Dignity Act" was delayed by a legal injunction. However, after proceedings, which included a petition denied by the United States Supreme Court, the Ninth Circuit Court of Appeals lifted the injunction in October of 1997. In retaliation, at the upcoming November elections, the voters were asked to repeal the act through a general ballot. This time, when they rejected the repeal of the law by a wide margin of 60 to 40 percent, Oregon became the only state allowing legal physician-assisted suicide."
"The Death with Dignity Act permits terminally ill Oregon residents to obtain and use prescriptions from their doctors for self-administered, lethal medications. Under the Act, ending one's life in accordance with the law does not constitute suicide."
