A retired doctor has been struck off after giving excessively high doses of morphine to 18 dying patients. A disciplinary panel found that former County Durham GP Dr Howard Martin had not acted negligently but had "violated the rights of the terminally ill". He was cleared of murdering three of his patients five years ago. But he has been struck off by the General Medical Council (GMC) for "completely unacceptable" treatment of some patients.
The BMA has long advised doctors - for moral as well as legal reasons - to avoid actions that might be interpreted as assisting, facilitating or encouraging a suicide attempt. This means not giving patients advice on what constitutes a fatal dose or on anti-emetics in relation to a planned overdose, not suggesting the option of suicide abroad nor writing medical reports specifically to facilitate assisted dying abroad, nor on any other aspects of planning a suicide.
Graeme Catto, former president of the UK General Medical Council, has called for parliament to legalise assisted dying "in some shape or form" for a small number of people experiencing unbearable suffering. Professor Catto said he was expressing his personal view and not that of the GMC, which as the United Kingdom’s regulator for doctors had to support the law of the land and therefore could have no position on assisted suicide. Speaking at a conference on the ethics of assisted suicide at the Royal Society of Medicine on 30 June, he said, "I genuinely believe that if there were a change in the law it would pose no insurmountable problems for doctors."
Following the House of Lords' decision in Purdy, the Director of Public Prosecutions issued an interim policy for prosecutors setting out the factors to be considered when deciding whether a prosecution in an assisted suicide case is in the public interest. This paper considers the interim policy, the subsequent public consultation and the resulting final policy. Key aspects of the policy are examined, including the condition of the victim, the decision to commit suicide and the role of organised or professional assistance. The inclusion of assisted suicides which take place within England and Wales makes the informal legal change realised by the policy more significant than was originally anticipated.
This End of life guidance covers three main issues: contemporaneous and advance refusal of treatment; withholding and withdrawing life-prolonging medical treatment; assisted dying - euthanasia and assisted suicide.
Un médecin du centre hospitalier de la côte basque, à Bayonne (Pyrénées-Atlantiques), soupçonné d'euthanasie active sur au moins quatre patients âgés, a été placé en garde à vue mercredi au commissariat de cette ville. Les faits, qui concernent des décès survenus au cours des cinq derniers mois, dont celui d'une patiente âgée de 92 ans le 3 août, se seraient déroulés dans le service des urgences de l'hôpital. Une information préliminaire a été ouverte pour "homicide volontaire avec préméditation". Tous les cas signalés concernent des personnes âgées ayant été admises aux urgences tout en étant classées "en fin de vie", dans l'attente d'un placement dans un service de soins palliatifs, a-t-il encore indiqué. Les faits ont été signalés par des agents du service des urgences à leur hiérarchie, qui a pris la décision d'alerter la police, selon un communiqué diffusé jeudi par l'hôpital.
A man who is almost completely paralysed is taking legal action in a bid to end his life. His solicitors have told the BBC that they believe his case could have major implications for the way prosecutors in England, Wales and Northern Ireland deal with assisted suicides.
A man who was virtually paralysed by a stroke has won the first step in his legal bid to pursue his right-to-die. Known only as Martin, he would require professionals to help as his wife has said she will not assist him. But current guidance suggests they may be prosecuted, where loved ones would not, and Martin's case is this discriminates against him. This High Court judgement means lawyers and doctors can discuss assisted dying with him, but only to prepare his case.
The Commission on Assisted Dying, set up in September 2010 and chaired by former Lord Chancellor Charles Falconer, has issued its monumental report on assisted dying in England and Wales. The Commission was funded by two supporters of assisted suicide, author Terry Pratchett and businessman Bernard Lewis, and despite reassurances that the running and outcome of the Commission were independent, some individuals and groups opposed to the practice regrettably refused to give evidence to the Commission. Still, the range and quantity of the evidence, which included evidence gathered from international research visits, qualitative interviews and focus groups, commissioned papers, and seminars, is impressive and can be read and watched here.
When faced with a terminal illness, medical professionals, who know the limits of modern medicine, often opt out of life-prolonging treatment. An American doctor explains why the best death can be the least medicated – and the art of dying peacefully, at home
Guidance for the Investigation Committee and case examiners when considering allegations about a doctor’s involvement in encouraging or assisting suicide. Draft for consultation Start: Feb 6, 2012 End: May 4, 2012 Results Published: Jul 31, 2012
The General Medical Council is launching its first ever guidelines on assisted suicide. The new guidelines will help the GMC decide if doctors should face a disciplinary panel if they are alleged to have encouraged or assisted suicide. A draft version is to be subject to a three month public consultation period. The GMC's chief executive, Niall Dickson said "the main message is that assisting suicide is illegal and doctors should have no part of it". The GMC, which is the regulatory authority for doctors, decided to produce the guidelines after the case of a severely paralysed man, which was highlighted by the BBC last summer. The man, given the pseudonym "Martin", told the PM Programme that he wanted to end his life and was taking legal action to try to get advice and help to do so.
In circumstances where life-sustaining treatment appears merely to be drawing out the inevitable, it is usual practice for the healthcare team to withdraw aggressive life-sustaining measures, once agreement is reached with the patient and their family. Common law gives doctors several defences to allegations of criminality or malpractice in taking the key actions that withdraw treatment and result in the patient's death; however, the legal defensibility of nurses undertaking this role has not been explored. In the absence of a specific body of law related to nurses taking the actions that withdraw life-sustaining treatment, I discuss the probable legal response by consideri
The first-hand experiences of physicians from coast to coast vividly illuminated a paucity of available palliative care, a simmering health-care crisis in Canada as the baby boomer generation enters old age. The association's members had come together on Tuesday to debate whether to revise the current CMA policy on euthanasia and assisted death. The session ended with an overwhelming vote — 90 per cent — in favour of an advisory resolution that supports "the right of all physicians, within the bonds of existing legislation, to follow their conscience when deciding whether to provide so-called medical aid in dying." The CMA defines "medical aid in dying" as, essentially, euthanasia or physician-assisted suicide.