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.