BMA to poll members on assisted dying

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MDMD is greatly encouraged in its campaign by the news that both the BMA and RCGP are to consult their members on their view of assisted dying. Precise details are yet to be announced and we will follow these developments closely.

Earlier this year the RCP poll resulted in a move from opposed to neutral, reflecting the divided views of its members. In the run up to that vote, those opposed to a change in the law mounted a very vocal opposition campaign in the hope of preventing the RCP changing its position. Their views do not represent the majority of people in the UK – the patients – who want to exercise choice over their own end of life as part of the patient-centred healthcare they expect. A MDMD poll recently demonstrated very strong support for various forms of assisted dying, including those covering people with early stage dementia and people who were incurably suffering but not expected to die within a short period of time.

In the past some doctors have expressed concern that an assisted dying law that uses a life expectancy prognosis as one of its criteria would be very hard for them to implement. Last year this concern was used by Scottish doctors to successfully argue for a broader definition of “terminal illness” in Scotland. When Canada passed its Medical Aid in Dying legislation it was limited to those whose “natural death has become reasonably foreseeable”. Both these examples show ways in which this particular medical objection can be overcome. MDMD support these moves, though we also campaign for assisted dying legislation to apply to those who are incurably suffering whether or not they are “terminally ill” – people like Paul Lamb, Omid T, Debbie Purdy and Tony Nicklinson, whose plight caused ex-Archbishop of Canterbury Lord Carey to change his view to support a change in the law on assisted dying.

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Justice Secretary David Gauke signals personal support for assisted dying reforms

The post Justice Secretary David Gauke signals personal support for assisted dying reforms appeared first on Humanists UK.

Secretary of State for Justice and Lord Chancellor David Gauke has signalled his personal support for reform of the UK’s assisted dying laws, adding that he is in ‘favour of reforms in this area’.

His comments, which appeared in the print version of The Express yesterday, are the first time such a senior Government minister has come out in support of assisted dying. It is also notable as Mr Gauke is currently considering a challenge from Paul Lamb, who Humanists UK is supporting in his fresh bid to change the law on assisted dying.

Mr Gauke’s personal support for assisted dying was revealed when he responded to a plea by a terminally ill man, Geoffrey Whaley. Mr Whaley wrote to the Justice Secretary before he died in Switzerland in February.

In his response yesterday, David Gauke wrote:

‘Personally I am in favour of reform in this area, and sympathise with calls to allow individuals choice over how to end their lives without fear of criminal prosecution, for themselves or those close to them.”

‘Whilst Parliament has so far voted against any relaxation of the law, I hope that assisted dying is an issue to which it will return.

‘In the meantime, I assure you that I and others do hear Mr Whaley’s plea.’

Paul Lamb, paralysed from the neck down, wrote to Mr Gauke on 3 May asking for him to make clear the Government’s plans to look into assisted dying.  If a satisfactory response is not received from the government to Paul’s letter, Paul intends to apply to the court to seek a judicial review of the current legislation. Paul argues that the law should be changed to allow assisted dying to be legal for those in his position and the terminally ill.

Responding to the Lord Chancellor’s comments on assisted dying, Humanists UK Chief Executive Andrew Copson said:

‘I hope that the rationality and compassion of David Gauke finds more and more support among his fellow parliamentarians. They have it in their power to give people like Paul the dignity of a choice to end their suffering and they should grasp the nettle. Their inaction is a moral stain on our nation.’

NOTES:

For further comment or information, please contact Humanists UK press manager Casey-Ann Seaniger at casey@humanism.org.uk or phone 020 7324 3078 or 07393 344293.

Find out about Paul Lamb’s new legal bid: https://humanism.org.uk/2019/05/07/paul-lamb-to-bring-new-legal-case-for-the-right-to-die/

Read more about Paul Lamb: https://humanism.org.uk/about/our-people/patrons/paul-lamb/

Read more about Humanists UK’s campaign for assisted dying reform: https://humanism.org.uk/campaigns/public-ethical-issues/assisted-dying/

Humanists UK is the national charity working on behalf of non-religious people. Powered by over 85,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.

Paul Lamb to bring new legal case for the right to die

The post Royal Paul Lamb to bring new legal case for the right to die appeared first on Humanists UK.

Paul Lamb, paralysed from the neck down, is bringing a new legal case against the Secretary of State for Justice, challenging the law on assisted dying in the UK. He is being supported by Humanists UK and represented by law firm, Leigh Day.

Paul, 63, was severely injured in a car accident in 1990 and has no function below his neck apart from limited movement in his right hand. He requires around the clock care and lives in constant pain.

Paul knows, as he gets older, he will inevitably want assistance to die. Paul wants to be able to end his life at the time and in the manner of his choosing. He argues that the current law – which prohibits any assistance under threat of up to fourteen years’ imprisonment – breaches his human right to a private life.

Alongside Jane Nicklinson, the widow of locked-in sufferer Tony Nicklinson, Paul Lamb previously challenged the UK’s 1961 Suicide Act in a case to the Supreme Court in 2014, and the European Court of Human Rights in 2015. With a notable dissent from the now President of the Supreme Court, Lady Hale, the Supreme Court held that Parliament must be afforded an opportunity to debate the issue before the courts decide whether to declare the current law incompatible with Paul’s human rights and those who find themselves in a similar position.

In 2015, the House of Commons debated but rejected a proposal from Rob Marris MP, which would have legalised assisted dying for those who are likely to die within six months, by 330 votes to 118.

In a letter sent to Justice Secretary David Gauke MP on 3 May 2019, Paul argues that the Suicide Act 1961 is incompatible with Article 14 of the European Convention on Human Rights, read with Article 8. Article 14 provides a qualified right not to be discriminated against on the ground of disability in respect of the enjoyment of other Convention rights. Article 8 encompasses the right to decide how and when to die, and in particular, the right to avoid a distressing and undignified end to life provided that the decision is made freely.

In the letter before action Mr Lamb asks the Secretary of State to ‘concede that sections 2(1), 2A(1) and 2B of the Suicide Act are incompatible with Articles 8 and 14… and undertake to take timely steps to remedy the incompatibility, either by employing the remedial power provided by section 10(2) of the Human Rights Act 1998 or by introducing and promoting an appropriate bill in Parliament.’

If a satisfactory response is not received from the government, Paul intends to apply to the court to seek a judicial review of the current legislation. Paul argues that the law should be changed to allow assisted dying to be legal for those in his position and the terminally ill.

Assisted dying is now legal in this form in five countries, most recently Canada, and is also legal for terminally ill people specifically in one country, nine US jurisdictions, and soon to be in the Australian state of Victoria.

Commenting on his decision Paul Lamb said:

‘I am paralysed from the neck down and live in a state of constant pain. In the future my suffering will inevitably become too much to bear. When that happens, I want to be able to control and choose the circumstances of my death. As the law stands, my only option would be to die through the inhumane process of dehydration and starvation. This situation cannot be allowed to continue.

‘Five years ago, I asked our courts to give me the right to control my own death and they told me to wait. Since then I have watched and waited as new evidence has emerged and progressive countries have given millions of others the choice I have asked for. And still the UK Parliament has done nothing. I have no option but to ask the Court to intervene again. I need them to help me, and many others in my position, to end this cruel and discriminatory law.’

Humanists UK Chief Executive Andrew Copson said:

‘It is a national disgrace that too many politicians have allowed themselves to turn a blind eye to the suffering of those like Paul for so long and instead rely upon our courts.

‘The right to die in a manner and timing of your own choice is a fundamental human right, which the UK has neglected for too long. It should not depend upon your ability to afford travel to Switzerland, nor force families into a heart-wrenching dilemma between letting their loved ones suffer, or supporting them and risking criminal investigation.

‘We are delighted by the news that Paul intends to bring this landmark case and challenge such a heartless law. Paul’s case seeks a more compassionate law, as it will give those who are terminally ill or incurably suffering the dignity they deserve. We will back him at every stage.’

Rosa Curling, solicitor at law firm Leigh Day who is representing Paul, said:

‘For many years, our client has patiently waited for Parliament to address the issue of whether section 2 of the Suicide Act should be relaxed or modified. But the pain and suffering he experiences, on a daily basis, means he cannot wait any longer. He believes the time is now right for the courts to intervene and declare section 2 incompatible with Articles 8 and 14 of European Convention on Human Rights because it unlawfully discriminates against seriously disabled people who wish to end their lives.’

NOTES:

For further comment or information, please contact Humanists UK press manager Casey-Ann Seaniger at casey@humanism.org.uk or phone 020 7324 3078 or 07393 344293. To request an interview with Paul, further comment from him, or video footage, contact Humanists UK at the above number.

The case will be between Paul Lamb and the Secretary of State for Justice. Paul has written to the Secretary of State under the pre-action protocol. Assuming the Secretary of State does not provide him with a satisfactory response (see above), papers may be issued asking the courts to decide whether the case should be given permission to proceed.

Paul Lamb is represented by Rosa Curling of Leigh Day, Philip Havers QC of 1 Crown Office, Adam Sandell of Matrix Chambers, and Eesvan Krishnan of Blackstone Chambers. Ms Curling, Mr Havers, and Mr Sandell previously acted for the claimant known as ‘Martin’ during the 2014 Supreme Court case.

Paul Lamb’s case is different from a case brought by humanist Noel Conway in 2018, supported by Dignity in Dying. Noel was only seeking a change in the law, which would have enabled those who were likely to die within six months, assistance to die. Unlike Mr Conway, Paul Lamb does not require a non-invasive ventilator, the presence of which we understand is one of the reasons why Noel was refused permission to have his case heard by the Supreme Court.

Read more about Paul Lamb: https://humanism.org.uk/about/our-people/patrons/paul-lamb/

New figures released by the Assisted Dying Coalition, of which Humanists UK is a member, found that more than one British person a week now travels to Switzerland to end their life.

Read more about Humanists UK’s campaign for assisted dying reform: https://humanism.org.uk/campaigns/public-ethical-issues/assisted-dying/

Humanists UK is the national charity working on behalf of non-religious people. Powered by over 85,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.

New Jersey Legalises Assisted Dying

The post New Jersey Legalises Assisted Dying appeared first on My Death, My Decision.

On 12th April 2019 the Governor of the US state of New Jersey, Phil Murphy, signed a bill into law which allows assisted suicide for those who have mental capacity, are terminally ill, and are within six months of dying. The law is based on a similar law in Oregon which has been in force for over 20 years.

New Jersey is the 8th US state to pass this form of legislation, following Oregon (1994); Washington (2004); Vermont (2014); California (2016); Colorado (2016); Washington DC (2017) and Hawaii (2018). The addition of New Jersey, brings the US population with access to assisted dying to almost 70 million – over 20% (1 in 5) of the total population of the USA. (Assisted dying is also permitted in Montana, though this is by virtue of a court ruling rather than legislation.)

In signing the New Jersey Bill, Governor Murphy, a Catholic, is quoted as saying:

“After careful consideration, internal reflection and prayer, I have concluded that, while my faith may lead me to a particular decision for myself, as a public official I cannot deny this alternative to those who may reach a different conclusion.”

“I believe this choice is a personal one and, therefore, signing this legislation is the decision that best respects the freedom and humanity of all New Jersey residents.”

MDMD applauds Governor Murphy for taking this position and sharing his reasoning. It was clearly a difficult personal decision for him, but in putting respect for the autonomy of others above his personal beliefs he demonstrates an important principle that others of faith should follow. His decision also shows compassion for those who need to use this law to enable them to have what for them is a good death.

As an organisation, MDMD welcomes supporters of all faiths and none. We respect the values, choices and traditions of others to make their own end-of-life decisions for themselves. We plead for the type of reciprocal respect and understanding which Governor Murphy has shown in passing this legislation. Unfortunately, many religious leaders and organisations do not share Governor Murphy’s tolerance of other people’s views. Two recent examples of this, concerning the renewed attempt to change the law in Scotland, appear in articles published by the Scottish Catholic Observer and the Christian Institute. It is unfortunate that these bodies fail to show the compassion and respect demanded by 93% of the UK population – a figure which demonstrates just how out of touch the views of those opposed to change are.

Although MDMD welcomes the New Jersey law as a first step towards a more humane approach to dying in the 21st century, we believe that the “Oregon model” approach has significant limitations. Most significantly the 6 month terminal illness criterion excludes many people who quite rationally long for medical assistance to die. In addition, there are concerns over the support and counselling given to those who choose to make use of the law, and the process by which assisted dying drugs are administered. These issues were demonstrated in a Louis Theroux documentary shown on BBC2 in November 2018. MDMD are pleased that these issues are now actively being reviewed in Oregon.

Despite these reservations, the new law in New Jersey is another clear sign of the progress being made by right-to-die campaigners around the world. Progress that, we hope, will one day reach the UK – which is looking increasingly backward on the issue.

Royal College of Physicians moves from hostile to neutral position on assisted dying

The post Royal College of Physicians move from hostile to neutral position on assisted dying appeared first on Humanists UK.

The Royal College of Physicians (RCP) has announced it has adopted a neutral position on assisted dying after a clear majority of respondents to its poll either supported or were neutral towards such a move. Humanists UK warmly welcomes this move, and the wider shift in medical opinion regarding assisted dying.

The RCP poll revealed a leap in support for a change in the law on assisted dying as the number of respondents wanting the RCP to support a change in the law increased by over a quarter, from 24.6% in 2014, when doctors were previously polled about assisted dying, to 31.6% in 2019.

Together, the number of respondents who want the RCP to support or be neutral (25%) towards a change in the law totals 56.6%, a majority of all respondents.

The poll also shows growing support for assisted dying among physicians as the number of respondents who personally supported a change in the law increased by a quarter, from 32.3% in 2014 to 40.5% in 2019.

Humanists UK called on RCP members to vote in support of assisted dying and advised members how to respond to the poll.

A legal challenge headed up by doctors opposed to assisted dying was also today rejected by the High Court.

A recent poll by My Death, My Decision, a partner of Humanists UK in the Assisted Dying Coalition, showed that more than 90% of the UK public now supports assisted dying for certain groups of people, reflecting a growing trend of support for assisted dying across the board.

Humanists UK Director of Public Affairs and Policy Richy Thompson said:

‘We welcome the news that the Royal College of Physicians has adopted a neutral position on assisted dying. We believe terminally ill or incurably suffering individuals who are of sound mind should be empowered to make their own free and informed choices about their options in dying. It is only by giving them this choice that we can guarantee they have dignity, autonomy, and choice in when and how they die.

‘We hope to see medical organisations take note of this and similarly conduct their own polls to best reflect the views of the medical community.’

NOTES:

For further comment or information, please contact Humanists UK Director of Public Affairs and Policy Richy Thompson at richy@humanism.org.uk or phone 020 7324 3072 or 07815589636.

The RCP poll took place from 5 February and 1 March and was responded to by 6,886 members and fellows. The poll required a supermajority of 60% to either support or oppose a change in the law.

Read our previous news item on the RCP poll here:

https://humanism.org.uk/2019/02/21/humanists-uk-calls-on-royal-college-of-physicians-members-to-consider-dignity-compassion-in-assisted-dying-survey/

For more information on our work on assisted dying visit:

https://humanism.org.uk/campaigns/public-ethical-issues/assisted-dying/

At Humanists UK, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. Our work brings non-religious people together to develop their own views, helping people be happier and more fulfilled in the one life we have. Through our ceremonies, education services, and community and campaigning work, we strive to create a fair and equal society for all.

93% think that assisted dying is acceptable in at least some situations

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MDMD has released the results of research it sponsored through the National Centre for Social Research (NatCen). The work tested public acceptability of various forms of assisted dying. In all cases considered the person is suffering from an incurable illness and feels their quality of life in below the level they are prepared to accept (or will soon become so). They have sufficient mental capacity to make a life-ending decision and have considered this option carefully, discussing it with professionals who have agreed that their request is within the (hypothetical) law. The different conditions tested were:

  • Those who are suffering from an illness which will eventually cause their death (regardless of timescale).
  • Those who are expected to die from their illness within 6 months.
  • Those whose illness will not cause death
  • Those suffering from Alzheimer’s disease before they lose the mental capacity to make a life ending decision.

The results are discussed in detail here.

What is astounding about these results is the very high level of support for all these forms of assisted dying. Depending on the scenario, between 88% and 93% of respondents thought it acceptable in at least some situations. Comparing results between the scenarios, it demonstrates clearly that public opinion is strongly in favour of the sort of broader approach to assisted dying favoured by MDMD, as opposed to narrower approaches based on the law in Oregon which limit assisted dying to those who are within 6-months of dying. MDMD is proud to be a founder member of the newly formed Assisted Dying Coalition which brings together the UK organisations campaigning for this broader approach to assisted dying.

We were surprised that the research found that the strongest support was for those whose illness would eventually kill them, regardless of timescale. In this situation 93% of respondents thought that a medically assisted death was acceptable in at least some situations. That is a huge majority.

The current law in the UK prevents assisted dying in all situations. Our new research shows that the doctors and politicians who continue to oppose a change in this law are even more out of tune with the people they are supposed to be serving than was previously thought. How can we have confidence in the medical profession if they do not respect our rational end-of-life wishes? How can we have confidence in our politicians if they refuse to change a law which makes some people suffer unnecessarily, against their will at the end of their lives – making others decide to go to Switzerland for medical assistance to end their lives, often too soon?

Palliative care is a wonderful service that helps many people – and could help even more with increased funding. But even the best palliative care can not help in all situations. I recently asked Baroness Finlay, a leading professor of palliative care and strong opponent of assisted dying, how I could avoid an unpleasant end of life like my mother’s, if I too was diagnosed with dementia. Her answer – to look on the internet for illegal lethal drugs – is totally unacceptable and shocking. 88% of people in our poll think that in some situations like this, assisted dying is acceptable. We demand a more compassionate, patient-centred approach to avoiding end-of-life suffering, an approach that includes medical assistance to die as a last resort.

Of course, agreeing that it would be “acceptable for someone to have medical assistance to die” is significantly different from agreeing to a specific change in the law, where all the safeguards have been carefully thought through. But what is clear is that the debate now needs to move on. We should be no longer discussing whether or not assisted dying should be permitted, but instead be working on the details of how assisting dying can be safely and comprehensively introduced, ensuring adequate protection for those who may be vulnerable. In doing so we should learn from other jurisdictions where some form of assisted dying is permitted.

It is bitterly disappointing that the palliative care medical community are so reluctant to talk constructively about improving end-of-life choice when it includes assisted dying. In the eyes of 93% of the people surveyed, that can only undermine the reputation of palliative care. That is unfortunate, as good, comprehensive, patient-centred, palliative care is an important component in ensuring that as many as possible have, what for them, is a good death.

Jersey Government Will Research Assisted Dying Reform

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Last week, Jersey’s Council of Ministers announced that a new commission will research end of life options, including the legalisation of assisted dying and dying well The announcement follows after more than 1,800 people signed a petition from End of Life Choices Jersey (MDMD’s partner in the newly formed Assisted Dying Coalition).

Tanya Tupper, whose terminally ill mother Roberta is planning to end her life in the Swiss clinic Dignitas, began the campaign to change the law. Last year, after contacting Jersey’s’ election candidates she found that around a third of Jersey’s candidates would have supported changing the law to permit assisted dying in Jersey.

In answer the petition, Health Minister, Deputy Richard Renouf said that “much of the debate in other jurisdictions has been underpinned by shared values of care, freedom of choice and compassion. It is these shared values that we should now draw on in reviewing our own laws on end-of-life care to understand if a change is needed, and, if so, how to make that change”.

Jersey’s research will aim to bring together international research and focus upon: eligibility criteria for an assisted death, protection and safeguards for patients, the registration of medical practitioners, and ethical codes of conduct.

Jersey, an island of over 100,000 people, would be the second channel Island to consider legalising assisted dying, after Guernsey’s parliament voted against a similar proposal in May 2018.

Responding to the announcement, MDMD’s Campaign Policy Director, Phil Cheatle, who delivered a talk to the campaign group last year, said:

“My Death, My Decision is delighted by the by Council of Ministers’ decision, and congratulate our partners End of Life Choices Jersey on their process. It could give dignity to those, whose illness steals it from them; freedom to those, otherwise condemned to years of suffering and peace to families, forced either to let their loved ones suffer or risk imprisonment.”

“Having opened the door to a more compassionate approach to dying, I urge the Council of Ministers to review the evidence on an objective basis, and adopt a law which strikes a kinder balance between empowering individuals, respecting their dignity, and protecting the most vulnerable with stringent safeguards. Many in the UK and channel Islands will now look to Jersey to lead the way on this issue. Now is the time for the law to change.

American Family Physicians Association (AAFP) changes position on medical aid in dying

In October 2018 it is reported that the American Academy of Family Physicians (AAFP) broke ranks with the American Medical Association (AMA) by adopting a position of “engaged neutrality” on assisted suicide and euthanasia.

At its Congress of Delegates in New Orleans the AAFP, the second largest component society of the AMA with more than 131,400 members voted to adopt a position of “engaged neutrality” and to reject the use of the terms “assisted suicide” or “physician-assisted suicide”. “Through our ongoing and continuous relationship with our patients, family physicians are well-positioned to counsel patients on end-of-life care, and we are engaged in creating change in the best interest of our patients,” said the AAFP president Michael Munger, a physician from Kansas.

This is important in the UK because the BMA radically opposes assisted dying, whereas the BMJ has come out in favour of putting it to the vote, to show the true picture amongst British doctors.

Often it is the minority groups such as ‘Care Not Killing’ which shout the loudest. I once heard a story of a Methodist Minister trainee student who wrote his sermons out in full with notes in the margin. On one occasion one of his colleagues happened to come upon one of these sermon transcripts and was amused to read in the margin ‘weak point, shout louder’.

In the UK. nurses are the largest group of care providers for the terminally ill, so it is not surprising that following an extensive and detailed consultation process with their members, the Royal College of Nurses moved in 2009 to adopt a neutral stance in relation to assisted dying for people who have a terminal illness.

It is time the BMA followed suit and stopped giving politicians an excuse against seeing reason and voting for legislation allowing Assisted Dying for the terminally ill and those suffering long term incurable health conditions which have reached a stage of relentless suffering, provided this is their own persistent wish.

 

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MDMD Coordinator asks Baroness Finlay how to avoid late stage dementia

On 29th November 2018 Baroness Ilora Finlay gave a talk at Bristol University titled “As the light fades: Do law and ethics collide?”. Baroness Finlay is a professor of palliative medicine at Cardiff University and a long-standing prominent opponent of assisted dying. Her talk gave a full account of the problems and dangers she sees with assisted dying legislation as it exists in various countries around the world. MDMD is sympathetic to at least some of her concerns, but reaches different conclusions. In Baroness Finlay’s view no change in the law is necessary or desirable, in part because one option people already have is to refuse life sustaining medication.

In the Q&A section MDMD Coordinator, Phil Cheatle, asked a question regarding dementia, an illness where sufferers do not require life sustaining medication which can be refused. Dementia is particularly important as it is feared by many people and is increasingly common. The discussion about how assisted dying can safely be made available to dementia sufferers is something which is actively being discussed and reviewed around the world. In Switzerland medical assisted suicide is permitted for those with early stage dementia provided the person still has the mental capacity to make a life ending decision at the time of the assisted death. In the Netherlands and Belgium euthanasia is permitted for those with dementia who lack mental capacity provided they have written an advance decision requesting euthanasia in those circumstances. In USA and Canada there is public debate about possibly broadening their assisted dying laws to include people suffering with dementia.

In Phil’s question to Baroness Finlay he explained that his experience of his mother’s end of life suffering from dementia taught him that he really didn’t want to die like that. He then asked:

 “What should I do to avoid an unpleasant death from dementia?”

Baroness Finlay started by saying that with dementia a patient doesn’t have mental capacity. Phil clarified that he was thinking of early stage dementia before mental capacity was lost. Baroness Finlay then suggested that people could use the internet to find suitable methods for ending their lives themselves and could procure life ending drugs illegally. Phil followed up by pointing out that this was highly risky, and that you can’t be sure what you are buying. Surely there must be a safer way to ensure people have a good death?

Baroness Finlay then explained that if society were to decide that lethal medication was to be legally obtainable within the UK, then there would need to be a body which brought a set of different skills together to ensure safeguards were followed. She mentioned clinical psychologists, for example, to assess the person’s mental state. In her view assisted dying should not be a medical matter.

Reflecting on her answer afterwards, Phil Cheatle said: “It is very surprising that Baroness Finlay should suggest risky and illegal suicide techniques, without the opportunity for professional help in evaluating if that is really the best death possible for the patient. The MDMD website lists many reasons why this approach is dangerous and unacceptable. People deserve compassionate assistance when facing incurable suffering which they wish to avoid, not direction to unsafe suicide resources.”

“MDMD shares Baroness Finlay’s desire for strong, effective and workable safeguards in any assisted dying legislation. We welcome any opportunity for constructive discussion about the nature of the regulatory body she suggested. This approach may be a way forward to break the current impasse between the medical, legal and political positions. However, MDMD would prefer assisted dying to be closely integrated with palliative care, as happens in parts of Belgium, as this would help ensure that all palliative options were considered before choosing a medically assisted death.”

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Talking about Dying – More than Meets the Eye?

Recently the Royal College of Physicians (RCP), in a widely reported statement, called for doctors to start talking about death earlier. It followed from a report, “Talking about Dying”, which found only 4% of patients talk to their doctors about dying or benefit from advanced care planning.

“Too many patients are being admitted to hospital without ever having discussed serious issues like DNACPR (do not attempt cardiopulmonary resuscitation) or their ceiling of treatment despite chronic, life-limiting conditions and frailty. We act on default because we don’t know what the patient wants.” – Medical Registrar cited in the report

Stating that open dialogues, although sometimes “challenging”, were essential to good medical practice the RCP identified three barriers to end of life conversations: culture, confidence and practicalities.

On culture, the RCP found a systematic gap between patient’s expectations and clinical practice. In particular, they found whilst 77% of patients would prefer being told if they had less than a year to live, a majority of doctors preferred not discussing the topic. The report also found that “death [is widely viewed] as a failure” amongst the medical community, and a culture exists which prevents patients from discussing the acceptable limits to treatment. Indeed the report found many doctors believe their role is to “cure all ailments”, thus meaning that they believe they should always “do something to help [even if it resulted] in unnecessary aggressive treatment”.

On confidence, the report found that at all levels doctors feel unprepared to talk about dying. Specifically, the RCP found that junior doctors feel most unprepared, because they often lack opportunities to practice end of life conversations and consequently feel worried about initiating them.

Finally, on practicality, the report found most doctors were unclear at what stage conversations should begin. Additionally, doctors were unclear which healthcare professionals should be responsible for conducting end of life conversations. Indeed, many staff admitted “they were reluctant to start conversations … if they could not finish them … themselves”.

“There could be a whole population of people who, even at 60 years, may not want resuscitation. If we don’t ask them, they’ll just get it. This should be a routine conversation with every single person.” – Trainee Doctor cited in the report  

The RCP report stated that these barriers were a serious concern, because doctors “need to be equipped to offer patients honest conversations about what they can expect in the future, [and] to give [patients] choice and control over the remainder of their days”. Their report highlighted five main benefits to open conversation about death:

  1. Early planning often improves a patient’s quality of life and mood
  2. Early planning often reduces the need for aggressive treatment later
  3. Early planning improves a doctor’s ability to deliver a patient’s wishes
  4. Early planning often enables better pain relief for a patient
  5. Early planning can in some cases extend a patient’s life

Consequently, the RCP recommended a raft of proposals to improve the dialogue between doctors and patients. For example, they recommended better training for undergraduates, a public awareness campaign and a better understanding of an end of life conversation’s purpose. The RCP stressed, that conversations should not be considered singular events, but rather understood as a continuing process of “encouraging a patient to think about their preferences”.  Interestingly, the Royal College also suggested conversations should not begin in the last phases of someones life, but could and should begin at any point.

MDMD strongly endorse these conclusions. We promote these discussions with medical professionals both as part of possibly refusing medication and as part of end of life planning using advance decisions to refuse treatment, advance statements of wishes to guide “best interests” decisions, and lasting powers of attorney for health and welfare. We also strongly encourage discussion with family and close friends. These discussions can help both the person whose life will soon end, and those who they will leave behind.

In the light of this report, and the excellent book “Being Mortal” by Atul Gawande, which touches on similar topics and the over-medicalisation of our care for the elderly, perhaps the medical professions should get initial conversations started long in advance of any serious illness, during routine medical check-ups in people’s 60’s and 70’s?

Two factors indicate that “Talking about Dying” may signal a subtle shift in the Royal College of Physicians in this direction.

1) Good End of Life Planning “is not just about high quality palliative care in the last weeks or days”.

Throughout the RCP’s report palliative care examples were heavily drawn upon to evidence their claims. Indeed, the report even went so far as to ultimately conclude that physicians find end of life conversations difficult, because “there are not enough palliative care specialists”.

Despite this, “Talking about Dying ” is important, because it signals that the Royal College of Physicians may be moving away from a simple insistence that good palliative care is all that is required.

My Death, My Decision welcomes this movement. Palliative care is an important end of life choice, and it brings relief to a very large number of suffering individuals. However, it is important to acknowledge that for all its benefits, palliative care is not sufficient for everyone, in all situations. Palliative care is principally a pain oriented form of treatment. Thus, it is limited in the extent it can help individuals who fear a loss of dignity and autonomy. Without the option of an assisted death, should they eventually need it, some people quite understandably fear that their end of life will be intolerable for them. This fear alone can prevent them having a good death.

We believe that palliative care and assisted dying are neither alternatives nor antagonistic options. Experience in parts of Belgium has demonstrated, for over a decade, that the two can work in tandem. My Death, My Decision would encourage any future change in the law to adopt a similarly integrated approach.

2) Doctors are uncomfortable with diagnosis of less than 12 months to live

Another interesting aspect of “Talking about Dying”, was the Royal College’s frank admission that “Professionals are often reluctant to initiate conversations about the end of life because they are not sure that the patient will die within the next 12 months”.

MDMD fully understands that it is impossible for doctors to make accurate predictions on life expectancy. They should not be expected to do so, not in relation to when to start conversations about end of life treatment, nor in relation to eligibility for welfare benefits, nor in decisions as to whether someone might be eligible for an assisted death. Patients and legislators need to accept this too.

Patients wanting to discuss end of life options, should not be refused a conversation merely because an accurate life expectancy assessment is impossible, regardless of any timescale. MDMD believes that those suffering from non-terminal illnesses, such as Locked-in Syndrome or Multiple Systems Atrophy, are entitled to the same conversations and choices as those whose end of life is sooner and more predictable.

The Royal College of Physicians seem to reflect a wider trend of doctors pushing back against  a rigid 12-6 months time frame. For example, in Scotland it was recently decided that “terminal illness”, as it applies to the right to certain benefits, is now determined by doctors without any need for an estimate of life expectancy. Further, in Canada the Medical Assistance in Dying law there is applicable to those with a “reasonably foreseeable death”, again with no specified time limit.

An area that “Talking about Dying” doesn’t cover, but should, relates to a patient’s wish for a meaningful conversation about assisted dying. Without this doctors can never have the sort of open, honest “Talking about Dying” conversations which some patients wish for. In this sense the doctor patient relationship is currently broken and needs fixing by giving doctors the freedom and professional protection to:

  1. discuss options like medically assisted suicide in Switzerland, refusal of food and drink, and rational suicide. Even if they cannot assist in these options.
  2. provide documentary evidence of the patient’s condition together with medical records. Patients should not fear discussing their well-considered options in case doctors attempt to withhold that essential information as a method of frustrating a patient’s attempts to arrange a medically assisted death abroad.

 

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