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

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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