Saturday, May 23, 2009

First WA Death with Dignity patient exercises her rights

A 66-year-old US woman with advanced cancer has become the first person to die under a new aid in dying law in Washington State.  The woman, Linda Fleming, died on Thursday night after taking drugs prescribed by her doctor.The "Death with Dignity" law was approved by 60% of Washington State voters in a referendum last year.  It is based on a law in neighboring Oregon, where 400 people have chosen to die over the last 12 years.  The advocacy group Compassion and Choices of Washington said Ms Fleming died with her family, her dog and her physician at her side.  In a statement, Ms Fleming, who lived in the town of Sequim, said: "I had only recently learned to live in the world as I had always wanted to, and now I will no longer be here.  "The pain became unbearable, and it was only going to get worse. I am a very spiritual person, and it was very important to me to be conscious, clear-minded and alert at the time of my death."  She was diagnosed with pancreatic cancer last month.

Source:  BBC, http://news.bbc.co.uk/2/hi/americas/8064559.stm

Update: 

Email from Margaret Dore re the above post:

Re:  "First WA Death with Dignity patient exercises her rights."

         I am an attorney in Washington State, who has studied our
new Death with Dignity Act, which was enacted via a voter's
initiative.  During the election, proponents touted it as providing
"choice" for end of life decisions.  A glossy brochure declared:

                 Only the patient - and no one else - may administer
the [lethal dose].

         The Act, however, doesn't say this - anywhere.  The Act also
contains coercive provisions.  For example, it allows an heir who
will benefit from the patient's death, to help the patient sign up
for the lethal dose.  See:  Margaret Dore, "'Death with Dignity':
What Do We Advise our Clients?" at
http://www.kcba.org/newsevents/barbulletin/archive/2009/09-05/article5.aspx .

         Contrary to proponents, the patient's control over the
"time, place and manner" of his death, is an illusion.  "Death with
dignity" is, instead, a recipe for elder abuse and worse.

         You may also be interested in my brief analyzing the Oregon
Death with Dignity
Act.  http://www.margaretdore.com/pdf/amicus_take_3_001.pdf. If you
would like more information, please let me know.

https://lawprofessors.typepad.com/elder_law/2009/05/first-wa-death-with-dignity-patient-exercises-her-rights.html

Advance Directives/End-of-Life | Permalink

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