PROPOSED PROCEDURE FOR EUTHANASIA
PROPOSED PROCEDURE FOR EUTHANASIA
Introduction:
It is conceded that the practice of euthanasia without a consistent and coherent public control, introduces ethical and moral questions that may be unsolvable. With this in mind, the following procedure is proposed to provide persons wishing to die, the right to die with dignity at a time of their choosing. Whether the person actually uses this right once it is granted as outlined below, would be the sole privilege of the person involved.
We begin when the person who is suffering from an incurable ailment, has expressed quite forcefully the wish to die. Having established that this is a serious wish, to the satisfaction of the party to whom it was expressed, that party should contact the person designated by the local medical facility, and that designated person shall be the Case Worker who shall follow up the request as follows:
Calling a Panel:
A panel of at least 5 persons shall be consulted and each of these shall give a brief written report, including:
1. The Family Physician or the doctor who is most familiar with the person, and who knows the person's background and medical history in some detail. The Family Physician is expected to give and evaluation of the person's general medical condition and prognosis of the probable quality of life that person could expect for the next several years if the present treatment is continued.
2. A Second Doctor who specializes in the particular ailment which is afflicting the person wishing to die. This Second Doctor or medical specialist is expected to review the case and express an opinion on the probable medical future for that person considering the medical options available.
3. The Parish Priest or Spiritual Advisor who is most closely familiar with that person's spiritual beliefs. This Spiritual Advisor is expected to provide the appropriate spiritual input for the particular individual, to the degree that such is possible, most particularly as it applies to death. This spiritual advisor shall be cautioned to give input into the beliefs of the individual, and not just the dogma or official doctrine of the religion or sect.
4. A Lawyer, normally the lawyer who customarily handles the person's legal affairs, or if no such lawyer exists, a lawyer who has thoroughly reviewed the legal affairs of the person. This Lawyer shall be expected to report on any legal reasons why the person should be kept alive, such as particular provisions of the person's will, or any contractual matters from which somebody might benefit by the person's death.
5. The designated Case Worker personally, who is expected to function as the public conscience of the community, as well as the collector and compiler of the final report which will have all of the above reports attached to it.
Presentation of the Report:
In our society the only persons that are empowered to authorize premature death are the judges of our courts. Therefore the case worker, having compiled his or her report together with the written reports of the other panellists, shall present the same to a judge for review.
The Judge is expected to review the case sufficiently to be satisfied that all the proper steps have been taken with due care, and that each panellist has done a competent evaluation in his or her area of expertise. In this respect the Judge has a duty to weigh the input from the various panellists, and if a written report is unclear, the Judge may order that panellist to appear before the court to explain the matters that the Judge finds questionable.
If all is proper and correct, the Judge shall sign the authorization order, which then becomes a permissive order of the court. If the Judge is not satisfied with the reports presented, he or she may order additional consultation with other experts whom the Judge shall name, (for example accountants or business partners), or else the Judge may deny the application, giving the reasons for the denial in the form of a written judgement. That judgement shall have the same status as any other judgement of the court and may be used as precedent, or conversely, the basis of appeal to higher court.
Administering Euthanasia:
Once the judge has signed the order permitting euthanasia, this order may be carried out by an authorized anaesthetist who holds a special license specifically to conduct euthanasia. The timing and locale of the euthanasia procedure will be at the discretion of the person and the licensed anaesthetist together.
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