IF
WE PERMIT HELPFUL DEATHS,
HARMFUL
DEATHS WILL FOLLOW:
THAT SLOPE IS TOO SLIPPERY
When the idea of voluntary death is first
presented,
suicide is the first
idea that appears in the minds of most people.
Several minutes of explanations or several paragraphs of writing
are required to convince the listener or the reader
that it might be possible to permit
voluntary death
while at the same time discouraging
irrational suicide.
Here are the four basic differences:
1. Irrational suicide harms
the victim.
Voluntary death benefits
the patient.
2. Irrational suicide is not
based on reason.
Voluntary death is wise and reasonable.
3. Irrational suicide is often
capricious.
Voluntary death is well-planned.
4. Irrational suicide is regrettable
and lamentable.
Voluntary death is admirable
and laudable.
If you want to
explore these concepts more completely, read:
Will this Death be an "Irrational Suicide" or a "Voluntary Death"?
http://www.tc.umn.edu/~parkx032/CY-IS-VD.html.
The safeguards
linked below constitute the operational
methods
by which several
other persons can evaluate the plans for death
to see whether this chosen death
would be an irrational
suicide or a voluntary
death.
Likewise, whenever the words "merciful death" appear,
the first idea that comes to mind is mercy-killing.
Much explanation is required to convince the listener or the reader
that it might be possible to permit
merciful death
while at the same time continuing
to outlaw
mercy-killing.
Here are the same four basic differences:
1. Mercy-killing harms
the victim.
Merciful death benefits
the patient.
2. Mercy-killing
is not based on reason.
Merciful
death
is wise and reasonable.
3. Mercy-killing
is often capricious.
Merciful
death
is well-planned.
4. Mercy-killing
is regrettable and lamentable.
Merciful
death
is admirable and laudable.
If you want to
explore these concepts more completely, read:
Will this Death by a "Mercy-Killing" or a "Merciful Death"?
http://www.tc.umn.edu/%7Eparkx032/CY-MK-MD.html.
The safeguards linked below constitute the
operational methods
by which several
other persons can participate
in examining the proposed death to see whether
it would be a mercy-killing
(harmful criminal behavior)
or a merciful death
(helpful compassionate behavior).
This set of worries about the right-to-die
is traditionally called the "slippery-slope argument".
If we permit some forms
of life-ending decisions,
then we will begin slipping down a hill to disaster
without the possibility of stopping ourselves.
A chain of terrible
consequences will follow
if we take even the first step down the slippery slope.
If this were true,
that we could not prevent
harmful
deaths if we permit
good
deaths,
then (so the argument goes),
we should never take the first step onto the slippery slope:
We should not permit even obviously good deaths
because someone will distort the principles allowing beneficial deaths
so that harmful deaths
will be inevitable.
The safeguards are the sand that can be put on the
icy sidewalk
so that it will be safe to walk down the hill.
As long as the safeguards prevent us from slipping out of
control,
the trip down the icy sidewalk will be safe.
Wise safeguards carefully applied can
permit wise deaths and
prevent foolish deaths.
Changing the metaphor,
wise safeguards are the guard-rails on the mountain road
preventing cars from crashing off the road and down the cliff.
The slippery-slope argument would simply close the road
so that no car would be able to reach the desired destination.
Advocates of the slippery-slope argument
want to construct roadblocks
rather than guard-rails.
SAFEGUARDS TO DISCOURAGE IRRATIONAL SUICIDE AND MERCY-KILLING
The following 18 safeguards call upon the considered
opinions
of a wide variety of neutral
persons who can help
to separate those deaths that would be harmful irrational suicides
from wise life-ending decisions that would create helpful voluntary deaths
and to separate those deaths that would be harmful mercy-killings
from wise life-ending decisions that would create helpful merciful deaths.
These safeguards are arranged beginning with the
most powerful and effective.
The
blue title links to a
complete explanation of that safeguard.
The red comments explain
how that safeguard deals with the specific worry
that permitting wise
life-ending decisions for some patients
might lead to foolish deaths
for other people.
STATEMENTS
FROM FAMILY MEMBERS
AFFIRMING OR
QUESTIONING THE CHOSEN DEATH
Family members can usually be assumed
to be choosing
in the best interests
of the patient.
(If some relative has mixed motives,
such as greed,
the other safeguards become more important.)
But when most family members agree
that death now would
be better than death later,
this is reason to believe that the life-ending decisions
are being carefully and wisely made.
In their written statements,
family members show that they have considered the alternatives
and decided that a chosen death is the best option.
STATEMENTS
FROM
ADVOCATES FOR
DISADVANTAGED GROUPS
IF INVITED BY
THE PATIENT AND/OR THE PROXIES
When special advocates for disadvantaged groups have
been appointed,
more distant doubters (who do not know the details of the terminal
care)
will be more likely to accept the choices
made by the persons who are making what might be life-ending decisions.
Each death-planning process differs from other situations of
terminal care.
When an advocate for a disadvantaged group approves one merciful death,
it does not mean that the next proposed death will also be a
wise choice.
This special advocate is asked for a written opinion
explicitly for the purpose of
preventing discrimination
on the basis of group identity.
There must be no slippery slope leading from one wise merciful death
for a member of a minority group to approving other deaths
automatically.
PHYSICIAN'S
STATEMENT OF CONDITION AND PROGNOSIS
A
mercy-killer almost never asks for a written statement from a doctor.
When the terminal-care physician
explains in writing
the medical condition and
prognosis of the patient,
this is the factual basis for wise
end-of-life decisions.
The very process of obtaining such
a professional medical opinion
will prevent some premature deaths
correctly called "mercy-killings".
INDEPENDENT
PHYSICIAN REVIEWS THE CONDITION AND PROGNOSIS
When an
independent physician reaches the same conclusions,
this is further evidence
supporting the decision for
death.
This second professional opinion
is another check
to make sure that no mistakes occur
because the physical condition of
the patient was misunderstood.
HOSPITAL OR
HOSPICE ENROLLMENT
When a terminal
patient is being cared for in a hospital or hospice,
several professionals and
volunteers will be observing whatever happens.
Careful medical records will be
kept of all decisions and procedures.
And the fact of approving one death in the hospital
should not suggest that every proposed death will be approved.
Both hospitals and
hospice-programs are committed
to life.
Only when meaningful life is no
longer possible
will these helpers
approve a chosen death.
PSYCHOLOGICAL
CONSULTANT EVALUATES
THE PATIENT'S
ABILITY TO MAKE MEDICAL DECISIONS
When there is
some reasonable doubt
about the patient's decision-making capacity,
a psychological professional might
be called upon to evaluate that patient.
This psychologist or psychiatrist
should be capable of
separating the irrational urge to
commit suicide
from any wise end-of-life medical decisions.
And this professional's written
statement
(the specific content of which
will not become
public
information)
should go some way toward
convincing distant critics
that this life-ending decision was
wisely made.
ADVANCE
DIRECTIVE FOR MEDICAL CARE
An Advance Directive was probably created some years
before death.
And it explains the patient's
settled values concerning life and death.
The proxies appointed in the Advance Directive
are carrying forward the
plans established by the patient.
Even if the patient has questionable decision-making capacities
toward the end of his or her life,
the personal medical ethics contained in the Advance Directive
can be re-affirmed by everyone who reads that 'living will'.
REQUESTS FOR
DEATH FROM THE PATIENT
And if the patient is fully capable of making
medical decisions,
the patient's explicit, detailed request for death
will prevent any cascade of terrible consequences.
Only this patient will be
helped to die.
There is no general principle of putting all seriously-ill patients to
death.
This death was explicitly
requested in writing by this patient.
INFORMED
CONSENT FROM THE PATIENT
When a specific plan for death is set forth,
the patient should be asked to approve or disapprove this plan.
Some modification might be required
before the patient will give informed consent.
But if and when the patient has given written, informed consent,
no stranger should claim that the
patient was railroaded into death.
UNBEARABLE
SUFFERING
The patient who is suffering near the end of life
should explain his or her specific forms of suffering
so that all decision-makers will understand the need for
relief.
PALLIATIVE CARE
TRIAL
And several
methods of relieving suffering should be tried
before the final decision is made
that voluntary death or merciful death is the best remaining option.
ETHICS
COMMITTEE REVIEWS THE LIFE-ENDING DECISION
Institutional ethics committees are created
for the purpose of giving
impartial reviews to all medical decisions,
including those decisions that will lead to the patient's death.
The members of any ethics committee
should not be involved in the personal life of the patient.
But they should consult with the patient whenever possible
to make sure that the patient and/or the proxies
are making wise decisions.
The fact of an
ethics-committee review can be made public.
But the details of their deliberations should be kept private.
A
MEMBER OF THE CLERGY APPROVES OR QUESTIONS THE CHOICE FOR DEATH
Likewise, any member of the clergy
who is asked to
review a life-ending decision
need not share the details of his or her thinking with the
general public.
But it will be reassuring to distant critics to know
that a member of the clergy was consulted
and did agree with the terminal-care plan.
RELIGIOUS OR
OTHER MORAL PRINCIPLES
APPLIED TO THIS
LIFE-ENDING DECISION
And even more explicitly, religious experts might
apply their principles
to the end-of-life situation at hand.
These religious authorities might create a written document,
showing how the religious or moral principles
led to the decision they endorse.
(And in order to avoid public debate of private religious matters,
the specific contents
of any such documents should be kept private.)
But religious and moral experts are welcome
to present and explain their general
end-of-life moral principles
as fully and completely as they please.
REPORT TO THE
PROSECUTOR BEFORE THE DEATH TAKES PLACE
When the terminal-care plans are reaching their
conclusion,
the complete death-planning record (or a summary of it)
might be provided to the prosecuting authority.
If the prosecutor finds nothing that needs further explanation
and nothing that would lead to a criminal prosecution,
he or she can issue a statement declaring that there will be no prosecution.
And everyone can proceed with the plan for a wisely-chosen death.
Since the prosecutor knows the applicable laws,
this will be the most decisive way to separate harmful criminal acts
from acts of mercy that
clearly benefit the patient.
If the prosecutor approves of the plans for death in advance,
how could any critic claim that a harm was committed?
CIVIL AND
CRIMINAL PENALTIES FOR CAUSING PREMATURE DEATH
But if the report to the prosecutor was incomplete
or misleading,
the law still provides for penalties
if it can be shown that the death in question was premature.
And all people who might be tempted to commit a mercy-killing
should be reminded as frequently and clearly as possible
that mercy-killing is a
criminal offense.
And even when the standards for a criminal conviction are not
met,
it might still be possible for a civil court to conclude
that a wrongful death
did occur.
COMPLETE
RECORDING AND SHARING OF ALL MATERIAL FACTS AND OPINIONS
A careful death-planning process will be open and
honest.
All people who have a legitimate right to be involved in the process
will receive all of the documents created to fulfill the safeguards.
When a life-ending decision emerges from due consideration
for all of the alternatives to a chosen death,
there will be no taint of an
underground mercy-killing.
THE
DEATH-PLANNING COORDINATOR ORGANIZES THE SAFEGUARDS
When a death-planning coordinator is employed,
this individual will organize and preserve all of the records
showing which safeguards were fulfilled and by whom.
These records do not become
public information.
But the fact that a certain number of safeguards were fulfilled
might be disclosed to satisfy distant doubters
that this death was wisely and compassionately chosen.
If these 18
safeguards do not seem sufficient
to discourage irrational suicides and mercy-killings,
there are several more listed in the complete catalog of safeguards:
http://www.tc.umn.edu/~parkx032/SG-CAT.html.
Each of these descriptions contains a few paragraphs
explaining how that safeguard will discourage
irrational suicide and other forms of premature death.
Created February 25, 2007; revised
2-21-2008; 11-13-2008; 1-24-2009; 2-4-2010; 11-21-2010;
2-26-2011;
9-20-2011; 12-22-2011; 1-27-2012; 2-21-2012; 3-27-2012; 5-29-2012;
9-11-2012; 3-17-2013