Showing posts with label New England Journal of Medicine. Show all posts
Showing posts with label New England Journal of Medicine. Show all posts

Saturday, September 1, 2012

Elder Abuse is not a Trend that Anyone Should Follow

Bradley Williams to the New England Journal of Medicine:

Your article, "Redefining Physicians’ Role in Assisted Dying," is based on two false premises, that legalizing physician-assisted suicide is a trend, and that the only thing stopping this trend is opposition by the medical establishment and physicians. Hence, the article proposes removing physicians from the process by putting a government bureaucracy in charge of assisted suicides. Talk about 1984 and Big Brother watching you.

The article omits that Idaho, Louisiana and Georgia recently strengthened their laws against assisted-suicide.[1] The article also omits that the Attorney General of Hawaii recently issued a opinion against assisted-suicide.[2] The article wrongly implies that a court case in my state, Montana, legalized assisted-suicide. That case merely gives doctors a potential defense to a homicide charge.[3][4]

There are just two states where assisted suicide is legal, Oregon and Washington. In these states, legalization has created new paths of elder abuse.[5] This is not a "trend" that anyone should follow.

To learn more about problems with legal assisted-suicide, see: www.montanansagainstassistedsuicide.org

Bradley D. Williams
Coordinator
Montanans Against Assisted Suicide &
For Living with Dignity

www.montanansagainstassistedsuicide.org
610 North 1st St., Suite 5-285
Hamilton, MT 59840

bradley@montanansagainstassistedsuicide.org

* * *

[1] Margaret Dore, "US Overview," "‘Choice’ is an Illusion," July 30, 2012, available at http://www.choiceillusion.org/p/us-overview.html (regarding Idaho, Louisiana and Georgia and linking to source documentation)
[2] Id. (regarding Hawaii)
[3] Greg Jackson & Matt Bowman, "Analysis of Implications of the Baxter Case on Potential Criminal Liability," Montanans Against Assisted Suicide & For Living with Dignity, April 2010, available at http://montanansagainstassistedsuicide.org/wp-content/uploads/2011/05/Analysis-of-Baxter.pdf
[4] Senator Jim Shockley and Margaret Dore, "No, physician-assisted suicide is not legal in Montana: It's a recipe for elder abuse and more," The Montana Lawyer, November 2011 (1 of 2 pro-con articles featured in the issue’s cover story) , available at http://www.montanansagainstassistedsuicide.org/p/montana-lawyer-article.html
[5] Id.

Friday, August 31, 2012

New England Journal of Medicine Article Misleading


Dear Editor:

I am a lawyer in Washington State, one of two states where assisted-suicide is legal.  The other state is Oregon, which has a similar law.  Lisa Lehmann's article, "Redefining Physicians' Role in Assisted Dying," is misleading regarding how these laws work.

First, the Oregon and Washington laws are not limited to people in their "final months" of life.[1,2]  Consider for example, Jeanette Hall, who in 2000 was persuaded by her doctor to be treated rather than use Oregon's law.  She is alive today, twelve years later.[3]

Second, these laws are not "safe" for patients.[4][5]  For example, neither law requires a witness at the death.  Without disinterested witnesses, the opportunity is created for the patient's heir, or someone else who will benefit from the patient's death, to administer the lethal dose to the patient without his consent.  Even if he struggled, who would know?  

Third, the fact that persons using Oregon's law are "more financially secure" than the general population is consistent with elder financial abuse, not patient safety.  Do not be deceived. 

* * *

[1]  Margaret K. Dore, "Aid in Dying: Not Legal in Idaho; Not About Choice," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 18-20, September 2010, available at http://www.margaretdore.com/pdf/Not_Legal_in_Idaho.pdf.
[2]  Kenneth Stevens, MD, Letter to the Editor, "Oregon mistake costs lives," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 16-17, September 2010, available athttp://www.margaretdore.com/info/September_Letters.pdf 
[3]  Ms. Hall corresponded with me on July 13, 2012.
[4]  See article at note 1.  See also Margaret Dore, "Death with Dignity": A Recipe for Elder Abuse and Homicide (Albeit Not by Name)," at 11 Marquette Elder's Advisor 387 (Spring 2010), original and updated version available at http://www.choiceillusion.org/p/the-oregon-washington-assisted-suicide.html 
[5]  Blum, B. and Eth, S.  "Forensic Issues: Geriatric Psychiatry." InKaplan and Sadock's Comprehensive Textbook of Psychiatry, Seventh Edition, B. Sadock and V. Sadock editors.  Baltimore, MD: Lippincott, Williams and Wilkins, pp. 3150-3158, 2000.