“The current legal status of assisted dying is inadequate and incoherent...” The Commission on Assisted Dying was set up in September 2010 to consider whether the current legal and policy approach to assisted dying in England and Wales is fit for purpose. In addition to evaluating the strengths and weaknesses of the legal status quo, the Commission also set out to explore the question of what a framework for assisted dying might look like, if such a system were to be implemented in the UK, and what approach to assisted dying might be most acceptable to health and social care professionals and to the general public.
The treatment of inherited mitochondrial abnormalities in human embryos using donor mitochondria is an advancing area of research. The techniques involved could have profound implications for future generations. This project will explore the ethical issues relevant to affected families, potential donors, researchers, medical professionals and others trying to understand and respond to the therapeutic possibility of mitochondrial transfer.
A woman with "severe" anorexia who wanted to be allowed to die is to be force fed in her "best interests" by order of a High Court judge. Mr Justice Peter Jackson declared that the 32-year-old from Wales, who cannot be identified, did not have the capacity to make decisions for herself. He made public his judgment on Friday after making the ruling last month.
The paper discusses the issue of family involvement in the process of obtaining consent to treatment. Legally, doctors have a duty to inform the patient, and the patient has a right to be informed before making a decision. In this context, however, there is no requirement to involve relatives or to take into account their interests or requests. Yet, findings from in-depth interviews with NHS general practitioners presented in the paper indicate that in reality relatives have a substantial impact on the process of informed consent. Their presence may lead the doctor to provide more information to the patient and help the patient better understand the information conveyed by the doctor. Ultimately, the relatives' involvement enhances the patient's ability to make an informed decision, even though in some cases – when the relative is dominant – this may have a negative impact on the channel of communication between doctor and patient. These findings reflect a relational approach to patien
Dignity in Dying has today welcomed MPs' historic decision to back Director of Public Prosecutions (DPP) guidelines on assisted suicide, as well as MPs endorsement of further development of end-of-life care via an amendment to the motion. The DPPs guidelines make clear that those who compassionately assist a loved one to die at their request are unlikely to be prosecuted, and that those who maliciously encourage the death of another will feel the full force of the law.
Terminally ill patients who want to commit suicide should be able to receive medical help to die, a government adviser on care for the elderly has said. Martin Green, a dementia expert for the Department of Health, said patients who were too frail to take their own lives were being denied “choice” and “autonomy” because assisted suicide is illegal in the UK. In an interview with The Daily Telegraph, he urged ministers to review the law and suggested that a referendum or a free vote in Parliament should be called to settle policy on the issue. “If you’re going to give people ‘choice’, it should extend to whether or not they want to die,” he said.
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.
Most senior doctors in England and Wales feel that rational suicide is possible. There was no association with specialty. Strong religious belief was associated with disagreement, although levels of agreement were still high in people reporting the strongest religious belief. Most doctors who were opposed to physician assisted suicide believed that rational suicide was possible, suggesting that some medical opposition is best explained by other factors such as concerns of assessment and protection of vulnerable patients.
Tony, 47, and Barrie Drewitt-Barlow, 42, of Chandlers Quay, Maldon, who were Britain's first gay surrogate parents, denied one charge of providing false information to an ethics panel. The pair, who ran Euroderm Research, also deny two counts of not conforming to protocol when conducting a trial. The pair appeared before Southwark Crown Court on Wednesday. They also deny two charges of conducting a clinical trial otherwise than in accordance of good clinical practice.
On the face of it, the decision by a High Court judge in the case of M is no surprise - few would have expected a ruling to allow a patient with any level of consciousness and feeling to die. But a closer inspection of the 76-page judgement shows that Mr Justice Baker did not find his decision a straightforward one.
The husband of a woman who died in one of Britain's best-known hospitals is taking its management and the health secretary Andrew Lansley to court, alleging an illegal use of "do not resuscitate" orders. David Tracey claims doctors at Addenbrooke's hospital, Cambridge, twice put such orders in his wife's medical notes, cancelling the first after she objected to it only to put in a second three days later without her consent or any discussion with her. Tracey alleges the hospital's actions deprived his 63-year-old wife Janet of the right to life and subjected her to degrading treatment, while he was denied respect for his personal and family life. He is also seeking to force the coalition government to draw up a policy for England on the use of Do Not Attempt Cardio-pulmonary Resuscitation (DNACPR) instructions, and claims the present system of local policies is open to abuse.
This paper explores the issue of donation of organs from deceased donors for transplantation into a specified recipient. It argues that proper account should be taken of the principles underlying the Human Tissue Act 2004, which grant the donor a form of proprietary control. Three hypothetical scenarios are then used to draw out the implications of these principles for existing regulatory policy and the common law response to excised human organs. The paper concludes that the law should be understood as recognising ownership in organs removed from living and deceased persons and as offering opposition to the prohibition of directed donation that can only be coherently removed by reform of the 2004 Act.
A controversial court that still holds its hearing in private will decide tomorrow whether a pregnant woman with learning difficulties should be forcibly sterilised once she gives birth. Health workers from a local NHS trust and council, who cannot be named for legal reasons, have asked the secretive Court of Protection to decide whether the woman should be forced to have her fallopian tubes cut to stop her falling pregnant again.
Hospitals in north Merseyside are planning to use the anti-trespass powers used to ban “hoodies” from shopping centres to shift patients who are blocking beds. NHS Sefton board papers say that from this month patients deemed fit for discharge but who refuse “transitional” care home placements will be given 48 hours’ written notice to make their own arrangements. If a patient still refuses to leave, the hospital could seek a court order for possession of their bed. A well-placed legal source told HSJ the primary care trust’s approach would rely on trespass law, which allows owners to regulate the terms on which visitors occupy their premises.
Some doctors are set to argue against moves towards an organ donation system of presumed consent in the UK. Under presumed consent all people are assumed to be willing to donate their organs unless they have opted out. No part of the UK has introduced such a system yet, although the Welsh assembly favours the idea. However, delegates at the British Medical Association's annual conference in Cardiff will debate later whether the move could damage trust in doctors. Those in favour of presumed consent, which has been supported by the BMA for the last 10 years, believe it would help boost UK donation rates, which, despite recent improvements, still lag behind many other countries.
A serving High Court judge has told the BBC that he is approving commercial surrogacy agreements made by British couples abroad. Laws in the UK are designed to try to prevent such arrangements, but Mr Justice Hedley said his paramount concern was the welfare of the child. The most recent case the judge approved was last month, involving a baby born to a surrogate in the Ukraine. The judge said he was "extremely anxious" about the current situation. In Britain, the judge said, the only payment allowed to a surrogate mother was one of "reasonable expenses". However, he has agreed to give retrospective approval for commercial surrogacy on at least four occasions.
An investigation is under way into how two transplant patients were given kidneys from a donor with a rare and aggressive form of cancer. The incident at the Royal Liverpool University hospital involved organs from a woman who died at another hospital, and was later found to have had a hard-to-identify disease called intravascular B-cell lymphoma. Both patients had been preparing for live transplants from their sisters but accepted the donor kidneys instead. The recipients are now receiving chemotherapy treatment. Although cancer transmission is a known risk of transplantation among clinicians, the case raises questions about guidance to patients and whether sufficient checks are made. One senior of
A US nurse has been convicted of aiding the suicides of an English man and a Canadian woman after seeking out depressed people online and urging the two to kill themselves. William Melchert-Dinkel, 48, was prosecuted over the hanging death of Mark Drybrough and the death of Nadia Kajouji, who leapt into a river. Prosecutors say he posed as a female nurse, advising them on suicide.
The CPS has decided that charges will not be brought against Dr Elisabeth Wilson and two individuals following the death of Caroline Loder at her home in Surrey on 8 June 2009. A spokesperson said: "We have thoroughly reviewed a file of evidence in relation to a woman and 2 men suspected of committing an offence of aiding, abetting, counselling or procuring the suicide of another contrary to s2 of the Suicide Act 1961. We have decided that there is not sufficient evidence to prosecute one of the men. The assistance he gave to the deceased was not of a kind that could be said to have assisted the act of suicide. "We have further decided that although there is sufficient evidence to prosecute one of the men and the woman, after considering the public interest factors tending in favour and against prosecution, as outlined in the Policy for Prosecutors in respect of cases of encouraging or assisting suicide, it is not in the public interest to bring a prosecution against either of them."
Elderly people should be allowed to end their lives with the help of a doctor even if they are not terminally ill, according to a new campaign group that claims to have widespread support. The Society for Old Age Rational Suicide, led by a former GP known as “Dr Death”, says that pensioners should have the human right to declare “enough is enough” and die with dignity.
A Dutch doctor who exploited vulnerable people with multiple sclerosis by charging them thousands of pounds for unproven stem cell treatments has been banned from practice in the UK by the General Medical Council. Robert Trossel, 56, who practised in London and Rotterdam, gave “false hope and made unsubstantiated and exaggerated claims to patients suffering from degenerative and devastating illnesses,” said GMC fitness to practise panel chairman Brian Gomes da Costa. The panel held that Dr Trossel’s misconduct was “fundamentally incompatible with being a doctor” and ordered that his name be erased from the UK medical register with immediate effect.
The father of a woman who died after a double lung transplant said she would have been "horrified" to discover the organs were from a smoker of 30 years. Cystic fibrosis sufferer Lynsey Scott, of Wigan, died months after surgery at Wythenshawe Hospital last year. Allan Scott said she was not told that the donor smoked and is calling for patients to be given more information.
Fergus Walsh | 20:30 UK time, Monday, 19 July 2010 The case of Tony Nicklinson will re-open the debate on assisted dying and so-called "mercy killing". He has locked-in syndrome, following a stroke. Unable to talk, he communicates by blinking or nodding his head. He also has a specially adapted computer with a push-button control. Mr Nicklinson wants his wife to be allowed to inject him with a lethal drugs dose without the fear of her being prosecuted for murder or manslaughter. As the law stands, that seems a vain hope because actively taking a life, even with consent, has always been treated as a crime, leading to a jury trial.
Patients in England will be able to inspect and correct their NHS and social care records online from 2015 if the coalition government’s vision for the use of IT in the NHS becomes reality.
A GREAT-grandmother has condemned her treatment at the hands of Surrey Police as ‘grotesque and incompetent’. Dr Libby Wilson, an 83-year-old family planning pioneer, has been on bail for ‘aiding, abetting, counselling or procuring a suicide’ since September last year in relation to the death of Cari Loder, a 48-year-old Godalming woman who had Multiple Sclerosis.
Britain’s Orthodox Jews have been plunged into the centre of an angry debate over medical ethics after the Chief Rabbi ruled that Jews should not carry organ donor cards in their current form. London’s Beth Din, which is headed by Lord Jonathan Sacks and is one of Britain’s most influential Orthodox Jewish courts, caused consternation among medical professionals earlier this month when it ruled that national organ donor cards were not permissible under halakha (Jewish law). The decision has now sparked anger from within the Orthodox Jewish community with one prominent Jewish rabbi accusing the London Beth Din of “sentencing people to death”.
Sir Edward and Lady Downes took their own lives at the Dignitas Clinic in Switzerland on 10 July 2009. Since there was information to suggest that one or both of their children, Mr Caractacus Downes and Ms Boudicca Downes, may have assisted their parents to commit suicide, a police investigation into their acts took place. After a careful review of all the evidence by senior prosecuting lawyers, it has been decided that there is no evidence to support a charge against Ms Downes and that, although there is enough evidence to charge Mr Downes with an offence under section 2(1) of the Suicide Act 1961, a prosecution is not required in the public interest. In relation to Ms Downes, there is no evidence that she undertook any act in England and Wales that could have assisted her parents in committing suicide. Accordingly, there is no evidence to support a prosecution under the Suicide Act 1961.
Cash incentives and the payment of funeral expenses are two ideas being put forward to encourage people to donate human organs and tissue. The Nuffield Council on Bioethics is asking the public if it is ethical to use financial incentives to increase donations of organs, eggs and sperm. Paying for most types of organs and tissue is illegal in the UK. The public consultation will last 12 weeks and the council's findings will be published in autumn 2011.
The MDU has grave concerns about how the new policy* on whether or not to prosecute the offence of assisted suicide, will be applied to doctors. “The MDU’s advice to its members remains that doctors approached by patients for advice about suicide should not engage in discussion which assists the patient to that end. Members who are faced with requests for help from patients, including for example the provision of medical reports, should contact us for advice.”
A leading doctors’ organisation has today warned that doctors face a greater risk of prosecution for assisting a patient’s suicide following the publication of the DPP’s final Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide. The Medical Protection Society (MPS) – which provides indemnity, legal and professional support to around half of all doctors in the UK – said that the new policy sends a clear signal that prosecutions are more likely to be brought against healthcare professionals in circumstances where they might have assisted a patient’s suicide. The organisation warned doctors to be extremely cautious when providing help or advice to patients who are considering assisted suicide.
A man with "locked-in syndrome" has begun legal action, asking the director of public prosecutions to clarify the law on so-called mercy killing. Tony Nicklinson, 56, wants his wife to be allowed to help him die without the risk of being prosecuted for murder. Mr Nicklinson, of Chippenham, Wiltshire, communicates by blinking or nodding his head at letters on a board. His lawyers say he is "fed up with life" and does not wish to spend the next 20 years in this condition. According to his legal team, his only lawful means of ending his life is by starvation - refusing food and liquids. His wife Jane says she is prepared to inject him with a lethal dose of drugs, but this would leave her liable to be charged with murder.
A new campaign by disability rights activists to limit the right to die launches at Westminster on Thursday. The campaign - called Not Dead Yet UK Resistance - will be asking MPs to sign a charter in support of its aims. It says that disabled and terminally ill people should enjoy the same legal protection as everyone else. Those in favour of assisted suicide argue that opposing assisted suicide will condemn terminally-ill people to suffer needlessly. The Not Dead Yet UK's charter includes a commitment to oppose any changes to existing laws which state that assisting a patient to commit suicide is illegal.
The controversy over the policing and prosecution of assisted dying intensified last night when another septuagenarian invited arrest and criminal prosecution by admitting that he helped his wife kill herself with an overdose of antidepressants. Barrie Sheldon, 77, from near Framlingham in Suffolk, said he helped his wife, Elizabeth, acquire more than 4g of antidepressants before leaving her to take an overdose. She had Huntington's disease, a hereditary condition which causes dementia and physical deterioration.
No charge will be brought against Michael Bateman in relation to the death of his wife Margaret on 20 October 2009. The Crown Prosecution Service (CPS) today decided there was sufficient evidence to charge Mr Bateman with aiding or abetting a suicide, but it would not be in the public interest to do so.
The Crown Prosecution Service (CPS) has decided there is insufficient evidence to bring charges against any individual in relation to the death of Jane Hodge on 17 June 2009. Mrs Hodge, 91, died following an overdose of prescribed drugs at her home in Lewes, East Sussex. Her death was referred to the coroner as a suicide and subsequently Sussex Police launched an investigation into her death. A file of evidence was submitted to the CPS in August 2009 and the case considered under the Code for Crown Prosecutors. The Code requires a prosecutor to first decide if there is enough evidence to proceed with a charge. If there is, the prosecutor must then consider if it is in the public interest to do so.
Ray Gosling, the veteran TV presenter who confessed on television to suffocating a gay lover in a mercy killing, said today he would refuse to answer police questions – "even under torture" – about whom he killed, when and where.