- Silver D, (2003) Lethal Injection, Autonomy and the proper ends of Medicine, Bioethics 17(2), pp. 205-211.
This blog is concerned with most topics in applied philosophy. In particular it is concerned with autonomy, love and other emotions. comments are most welcome
Wednesday, 19 June 2019
The Logic of Relieving Suffering and Voluntary Euthanasia
Thursday, 11 April 2019
A right to anaesthesia, a right to physician euthanasia?
In an editorial in Anaesthesia Julian Savulescu and Janet
Radcliffe‐Richards
suggest that many people who are against the deliberate killing of terminally
ill patients who wish to die should have no objection to what is known as
terminal sedation, bringing about unconsciousness for terminally ill patients until
their natural death, see Anaesthesia . I agree with
Savulescu and Radcliffe‐Richards
that most people would accept that sedation for terminally ill patients is not wrong
when death is imminent. In France in 2016 a law came into effect granting
terminally ill patients the right to anaesthesia until death. Sinmyee
et al go further and argue that a right to anaesthesia should be available
to all patients who choose to end their life by starvation or dehydration, see Sinmyee
. Would most people accept that sedation for terminally ill patients is not
wrong when death is inevitable but not imminent? Perhaps a patient has a
prognosis that he has only six months to live. Secondly would most people accept
that sedation for terminally ill patients is not wrong when used to relieve suffering
which they cause themselves by a refusal to eat or to drink? I’m not sure what
most people would find acceptable in either of these scenarios. In this posting
I will firstly briefly summarise the argument why it isn’t morally wrong to
sedate terminally ill patients even if their current suffering is due caused by
a refusal to eat or drink. I will then consider what implications accepting
this argument has for accepting physician assisted suicide and voluntary
euthanasia.
Let us accept that any competent person has right to refuse
to take food and water. It might be objected that in some cases the person in
question is unlikely to be competent due to eating disorders such as anorexia.
However clearly this objection doesn’t carry much weight when considering
terminally ill patients. Let us also accept that relieving pain is a legitimate
end of medicine even when this lessens a patient’s life span. Let us still further
accept that relieving pain remains a legitimate end of medicine even when this
pain is due to self-harm. We treat drug users for their addiction. Lastly let
us accept that if pain cannot be controlled by any other means that it can be
controlled by deep sedation. It appears to follow that deeply sedating a
patient suffering from a terminal illness, even if his immediate suffering is
caused by his refusal to eat or drink, is a legitimate end of medicine. It
follows that in these circumstances deep sedation would not be morally wrong.
Let us now consider how permanent deep sedation differs
from death. For a dead person conscious life is over. Conscious life is also
over anyone who will be deeply sedated until he dies. Of course for someone who
is deeply sedated some important unconscious physiological processes such as
breathing will continue. The same is not true of the dead. But do these
unconscious physiological processes matter if someone will never resume
consciousness or take part in life again? If they do matter who do they matter
to? These unconscious physiological processes certainly don’t matter to the sedated
person. If they doesn’t matter to the person involved why should they matter
morally to others? It would appear to follow that there is no significant moral
difference between being dead and being deeply sedated until death. If this is
so is there any moral difference between a doctor deeply sedating someone until
he dies and helping him die a good death if he requests help to do so? If
dying and being deeply sedated until death are equivalent for moral concerns then
we should be prepared to conclude that if we are prepared to accept deep
sedation until death that we should be prepared to accept physician assisted
suicide PAS.
It might be objected that deep sedation involves no suffering
whilst helping a patient to die might do so. However even if we accept this
objection the above question might be reframed. Is there any moral difference
between a doctor deeply sedating someone until he dies and deeply sedating
someone prior to carry out his previously expressed wishes for voluntary euthanasia?
If
there isn’t any difference then we should be prepared to conclude that if we
are prepared to accept deep sedation until death that we should be prepared to
accept voluntary euthanasia, which might require prior sedation, when requested
by a terminally ill patient.
I now want to examine two major objections to the above
conclusion. Firstly it might be objected that the above argument depends on the
concept of a person and that when considering deep sedation and voluntary euthanasia
we should consider human beings instead. My objector might argue that that
matters is not whether a person continues to exist bur whether a human being
continues to exist. What does it mean for a human being to continue existing?
Is someone who will never regain consciousness but for whom unconscious
physiological processes such as breathing continue still a human being? My
objector might conclude the answer is obvious and is affirmative. However if we
consider the concept of brain death commonly used in transplant medicine the
answer is not obvious. Someone is brain dead if he has a permanent absence of cerebral
and brainstem functions, however mechanical ventilators and other advanced
critical care services can maintain unconscious physiological processes such as
breathing for some time. Whether someone who is brain dead remains a human
being is far from obvious for we can use his organs for transplant subject to
consent. Why does brain death matter? It matters not simply because of a loss
of cerebral and brainstem functions but because the implications of these
losses. These losses lead to a permanent loss of consciousness. If the above is
accepted then substituting human for persons doesn’t affect my original
argument.
I now want to consider a second objection to my argument
that if we are prepared to accept deep sedation of the terminally ill patients
until death that we should also be prepared to voluntary euthanasia for such patients.
It might be objected that I have slipped too easily from considering PAS to
considering voluntary euthanasia and that the two aren’t equivalent. PAS is
self-administered whilst voluntary euthanasia is carried out by a physician. I
made this move because it has been suggested that PAS might involve suffering
by the terminally ill patient. As a philosopher I am unable to say much about whether
PAS might involve suffering. However I can say something about the possible
scenarios. Firstly if PAS doesn’t necessarily involve suffering then my original
conclusion stands. Next let us assume that PAS involves some limited suffering.
In this scenario it might be questioned whether a terminally ill patient needs
to be fully anaesthetised for PAS to take place? Perhaps a patient’s pain might
be alleviated without affecting his cognitive abilities allowing him to carry
out PAS. Once again my original conclusion stands. Lastly let us assume that
PAS involves suffering that cannot be fully alleviated without full anaesthesia.
In this scenario PAS isn’t possible with full pain relief. In this scenario the
question changes and becomes, if we are prepared to accept deep sedation until
death then why shouldn’t we be prepared to accept voluntary euthanasia?
In order to answer the above question I want to consider
two further scenarios. In both scenarios I will assume the patient is fully
competent. In the first I will assume that the patient is capable of initiating
the start of his anaesthesia before his physician takes over and delivers a
fatal dose. In this scenario why is the patient initiating his own anaesthesia?
I would suggest he isn’t only initiating a form of pain relief. He is only initiating
pain relief in order to die. In this scenario the patient’s actions resemble
those of a patient undergoing PAS.
However the two are not identical. In PAS the physician only supplies
the means and need not be present at the time of death whilst in the above
scenario the physician must not only be present but also deliver the lethal
dose. Let us accept that the physician’s presence or lack of it is not relevant
morally. However we must ask ourselves whether the fact that the physician
supplies the means of dying differs in a morally significant way from the
physician applying the lethal dose. It might be suggested that this a case in
which we could use the principle of double effect to explain the difference. I
would be reluctant to accept this suggestion. When supplying the means to die
the physician involved in PAS has the intention of allowing the patient to kill
himself, it isn’t a foreseen consequence of something else. The physician’s
intention is the same whether he is involved in PAS or voluntary euthanasia as
described in the above scenario. It seems provided the patient involved is able
to initiate his own anaesthesia that there is no morally significant difference
between voluntary euthanasia in these circumstances and PAS. Let us now
consider a second scenario in which the patient is unable to initiate his own
anaesthesia. I would suggest that there are no morally significant differences
between a physician carrying out voluntary euthanasia on a terminally ill
patient in this scenario and a physician suppling him with the means to carry
out PAS provided the degree of voluntariness is the same in both cases. However
is the degree of voluntariness the same in both cases? In the case of PAS the
patient’s intentions seem to be clear because he initiates the dying process.
If a patient can initiate his own anaesthesia I have argued he is initiating
his death and once again his intentions seem clear cut. However if a patient is
unable to initiate his own anaesthesia his intentions aren’t quite so clear
cut. Perhaps this situation can be remedied by a rigorous consent process and a
clear last directive. None the less differences remain between this scenario
and the one in which the patient initiates his own anaesthesia and for this
reason I would be reluctant to conclude that the scenario in which the patient
is unable to initiate his own anaesthesia is equivalent to PAS. The above
suggests some consequences for the process of deep sedation. Let us accept that
the deep sedation of terminally ill patients who are unable to initiate their
own sedation and voluntary are equivalent. It follows if we aren’t prepared to
accept voluntary euthanasia we shouldn’t be prepared to accept deep sedation if
the patient is unable to initiate his own anaesthesia.
In this posting I have argued that the deep sedation of
terminally ill patients should be morally acceptable. I further argued such
sedation was a legitimate use of medical skills. I have also assumed that most
people would find such sedation acceptable and less contentious than either PAS
or voluntary euthanasia. If most people find PA and voluntary euthanasia
unacceptable and deep sedation is a legitimate use of medical skills then such
sedation should be an option for the terminally ill. I then examined the moral
implications of accepting deep sedation. The main implications of this
acceptance are summarised below.
- If we are prepared to accept deep sedation for terminally ill patients until death then we should be prepared to accept PAS when this process does not involve suffering.
- If we are prepared to accept deep sedation until death and PAS involves some suffering then we should accept PAS provided that this suffering can be controlled without anaesthesia.
- If we are prepared to accept deep sedation until death and a patient is able to initiate his own anaesthesia then in these circumstances we should be prepared to accept voluntary euthanasia.
- If we are not prepared to accept voluntary euthanasia then we should not be prepared to accept deep sedation until death when a patient is unable to initiate his own anaesthesia.
Tuesday, 4 October 2016
A Duty to permit Assisted Suicide?
In previous postings I have argued that we should accept that terminally ill people have a right to die and that we should respect that right by accepting assisted suicide. My arguments were based on respecting autonomy and of course respecting autonomy involves duties. However in this posting I want to focus more directly on duties. I will argue that we have a duty not to cause terminally ill people who are suffering to continue to existing against their will. We have a duty not to force innocent people endure pain in order to protect the vulnerable, surely the vulnerable can be protected in better ways.My argument will be based on the premise that we have a duty not to bring into existence any being which would find its life not worth living.
Let us accept the above premise without argument. I now want to suggest that the duty not to bring into existence any being we think would not find its life worth living is analogous to a proposed duty not to cause any being to continue to exist against its will if its life is not living. Accepting this analogy would have implications for using animals in medical research but in the following discussion I will limit my argument to assisted suicide. It might be objected that my suggested analogy fails for two reasons. First, it might we objected that by refusing to grant the right to assisted suicide to these people we do not cause them to lead lives which are not worth living. Secondly it might be objected even if some people do experience lives which are not worth living this would be better rectified by changing the conditions of these lives rather than by making assisted suicide available to such people. I will deal with each of these objections in turn.
Let us accept that that we have a duty not to bring into existence any being we think would find its life not worth living. We have a duty not to cause the existence of such lives. My objector might accept this premise. We shouldn’t enslave or torture people for instance. But he might argue that we don’t cause terminally ill patients or prisoners serving life sentences to lead lives not worth living and as a result my analogy fails. The cause of their misfortune is due to disease or past crimes. He might then proceed further by suggesting even if we are a partial cause of the type of lives some people live that a partial cause doesn’t give rise to a duty. Let accept that my objector does accept that he has duty not cause a child to come into existence who wouldn’t have a life worth living. Let us assume this child wouldn’t have a life worth living due to some genetic defect. It follows anyone who permits such a child come into existence is only a partial cause of the child not having a life worth living. It would appear my objector must accept either that our partial causation of some event can incur duties or that there is nothing wrong with causing a child to exist when he will not have a life worth living due to genetic defects. In the light of the above example my initial premise might be amended as follows. We have a duty not to be the partial cause of the existence of any being which wouldn’t have a life worth living. If someone accepts my amended premise, then it might be argued by analogy that we also have a duty not to be the partial cause of someone continuing to live a life he doesn’t find worth living.
At this point my objector might raise a second objection to my analogy. He might point out that in my amended premise we only have a binary option of causing or not causing existence. He might proceed to further point out that for both those suffering from terminal illnesses and prisoners serving life sentences other options are available. For terminally ill patients we could improve palliative care and for prisoners serving life sentences we might improve penal conditions. I accept my objectors point and accept that provided other options are available which would allow both of these categories of people to live lives they would find worth living my analogy fails. I also accept that improvements in palliative care and prison conditions are desirable and should be carried out. However, I do not accept that such improvements always means we are not the cause of making someone live a live he finds not worth living. Simply removing pain from a terminally patient’s life doesn’t mean he has a life worth living. We can remove all pain from someone by putting him in an induced coma for the rest of his life. Would such a patient really be alive? I would argue if someone is unconscious and will never regain consciousness he is in a state equivalent to being dead, he is certainly not living any sort of live at all. Whether it is possible to remove almost all the pain from all conscious terminally ill patients so that pain by itself doesn’t mean they don’t have lives worth living is an empirical question. Personally I doubt whether this will be possible in all cases but I will not pursue the point here. However, even if we could reduce pain to acceptable levels for all terminally ill patients it does not follow that they have lives which they believe are worth living. A life worth living is not just a question of having a relatively pain free conscious existence. Is simply existing really living? A very limited lifespan together with vastly impaired capabilities might well mean some such people find their lives lacking all meaning, find their lives not worth living. I would suggest anyone who suggests otherwise might be accused of epistemic arrogance. It follows even if palliative care was much improved there would still be some terminally ill patients living lives which they would find to be not worth living. It might also be argued much improved prison conditions don’t automatically mean prisoners serving life sentences always find their lives worth living. Some such prisoners might suffer from remorse which makes their lives not worth living. Indeed, better penal conditions might increase such prisoners’ propensity to suffer remorse. Other such prisoners might find the impossibility of freedom makes their lives meaningless, not worth living. It again follows that improved penal conditions would not mean all prisoners serving life sentences would have lives they considered to be worth living.
In the light of the above it appears, if we accept the premise that we have a duty not to bring into existence any being which would find its life not worth living that we also have a duty not to cause people to continue to exist if they have lives not worth living. It follows we should permit assisted suicide to those suffering from terminal illness. Accepting the above might also mean some patients with a terminal diagnosis who find their lives worth living might better enjoy their lives if they had the reassurance that if these lives became unbearable they could be helped to end them removing their worries about how these lives might end.
Tuesday, 29 October 2013
Prisoners serving Life Sentences and Voluntary Euthanasia
- Harry Frankfurt, 1988, The Importance of What We Care About.
Cambridge University Press, page 84.
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