Must our final years be torture

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I buy the slippery slope argument in this case

I would favor turning a blind eye to cases of ending suffering with the established consent of the patient, but I don't think it should be condoned by law. If I felt it necessary to assist with a suicide, which I hope I never do, I would be prepared to be prosecuted.

Too easy for it to be abused if it is openly legal, by unscrupulous relatives or god-complex doctors or genuinely depressed patients.

You're absolutely right that we need to figure out how we want to handle end-of-life care. If people are prepared to passively slip away should we unnecessarily prolong their stay? On the other hand, if people are eager to fight for every month should we tell them we can't spend those resources? Very tough decisions that we need to face -- of course in the end it should be up to the individual as much as possible, but I think it will still be necessary to come to some general widespread agreement, especially under a universal health system.

Thought-provoking essay.

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Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

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States have different philosopnies on this...

I learned quite a bit, both of a personal and legal nature from the comments on the dailykos diary.

And anyone who has questions about hospice care for a loved one should check out that thread. Treatment directives vary in efficacy, with NY apparently going so far as making ignoring a Do Not Rusticate instruction grounds for prosecution for assault.

An amazing coincidence is that the very day I posted this on Dailykos my wife got an email from her brother describing his mother in laws facing the exact rush to the hospital with unwanted emergency sustanance that I describe.

Her death, imminent at 99, will be a chaotic crisis, stess and tragedy for all concerned, rather than a peaceful ending desired by all parties.

But don't let me refute the complexity and dangers of change. That's why this must be in the public agenda.

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I read the dKos version

when it was first posted, so I haven't seen the later comments. I'll check it out, thanks.

I guess I don't have a problem with states experimenting and having different policies but if/when we unify healthcare on a national level these questions should also probably be standardized.

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Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

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Dying at home

But that end will probably be painful and violent. She has prepared all instructions not to take extraordinary steps to keep her alive, and she has a living will and power of attorney to my sister. She has done all that can be done to facilitate an easy exit. But in all probability, she will not die in her sleep. There will be an emergency, and she will be rushed to the hospital. She will likely know what she should never have to know, terror.

It is a sad truth that unless you are in hospice care (late stage terminal illness), you are not allowed by law to die at home (wherever "home" is). If you do, your death becomes a police matter and must be investigated.

There are the legal issues and the personal issues to be addressed here. The legal issues are fairly clear -- the possibility of unscrupulous action. But the personal issues are part of it too and need to be recognized.

My mother chose hospice care and death at home. Her last days and nights were sometimes dreadful to hear, to witness her pain, to know how she was suffering despite our giving her all the morphine we dared. Her children would spend time at her side, on no schedule but that driven by our hearts.

Death, even for a cancer patient, does not come quietly or quickly. That morning we knew it was close from the changes in her body. As we watched death approach, knowing that this was the end she wanted, it was still hard, terribly hard. Near the very end, in the late afternoon, as her lungs filled with fluid my sister, brother, and I could not stop ourselves from attempting the basic resuscitation technique the hospice nurse had provided, although we soon realized that our actions were only making a difficult situation harder and removing what dignity remained.

My father could not bear to witness the end, although everyone in the house could hear it. Three of her children watched her struggle for her last breath. When we knew she was gone, my sister and I prepared her body for the funeral home.

It was the hardest thing I've ever done.

I can understand how people would prefer turning this last day over to a hospital. My mother-in-law also died of cancer, and her husband and children chose the emergency rush to the hospital option, and she died with tubes and nurses around her. Tending the dying is not something most of us are prepared to do.

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don't ask me, I'm just improvising
Political Compass Score: Econ L/R -0.12 Social Lib/Auth -1.33

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You did your best

Few of us could sit quietly as someone we love suffered final moments of death.

In the days of the family doctor, he may well have felt comfortable injecting that extra dose of morphine knowing there would be no repercussions. But in this litigious age of specialization in medicine, these relations aren't formed.

So we have the painful choice that you, and so many others, must face.

This time in life will never be easy, for any participants. But it seems like the options should be expanded, and laws should accommodate this these greater choices. The hospice movement is a step in the right direction.

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Death with Dignity Act

Oregon has an assisted suicide as well as a medical marijuana law.

Under the law, a capable adult Oregon resident who has been diagnosed by a physician with a terminal illness that will kill them within six months may request in writing, from his or her physician, a prescription for a lethal dose of medication for the purpose of ending the patient's life. The request must be confirmed by two witnesses, one of whom cannot be related to the patient, be entitled to any portion of the patient's estate, be the patient's physician, or be employed by a health care facility caring for the patient. After the request is made, another physician must examine the patient's medical records and confirm the diagnosis. The patient must be determined to not suffer from a mental condition impairing judgment. If the request is authorized, the patient must wait at least fifteen days and make a second oral request before the prescription may be written. The patient has a right to rescind the request at any time.

The law protects doctors from liability for providing a lethal prescription for a terminally ill, competent adult in compliance with the statute restrictions. Participation by physicians is voluntary. The law also specifies a patient's decision to end his or her life shall not "have an effect upon a life, health, or accident insurance or annuity policy."

Supreme Court ruled 6-3 in our favor when Bush tried to shut it down.

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I came. I saw. I posted.
Veni, Vidi, Bitchy.

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Scalia's dissent is telling.

Alito had not been seated yet, and by all accounts would have voted with Scalia, Roberts and Thomas. That leaves us one vote away from a sea change in our jurisprudential philosophy.

Here's an article I wrote that was picked up by the Oregon Right to Life web site that goes into it in considerable detail. In effect, although Scalia had written extensively about how his personal religious beliefs are subordinated to our constitution, he simply ignored his own rule in this dissent.

"The court's decision today is perhaps driven by a feeling that the subject of assisted suicide is none of the federal government's business. ... If the term 'legitimate medical purpose' has any meaning, it surely excludes being used to produce death."

The above statement is not part of American jurisprudence or found in the Constitution, but happens to be a central tenet of Roman Catholicism. This is so ingrained in the thinking of Anton Scalia, that for him it was “surely” self evident.

So much for State's Rights!

Here's the link to the article, http://www.deathwithdignity.org/voices/opinion/alrodbellblog.01.17.2006....

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Scalia has always been a putz

His devotion to the constitution is a mile wide and an inch deep. He's the very definition of a callow little man obsessed with his own status. He can write a superficially persuasive argument though, I'll give him that.

Apparently that's enough to be on the SCOTUS.

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I came. I saw. I posted.
Veni, Vidi, Bitchy.

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Regarding death with dignity:

I've seen people in my family (i. e. my grandmother and my dad) become ill, and make it clear their wishes not to be kept on life-support machines and/or ventilators if they failed to get well and come out of their ailments. My grandmother, who was in her 80's, became quite ill at the end, ending up with double pneumonia, which ultimately was the Angel of Mercy when she passed on, resulting from her illnesses. She'd remove the intravenous feeding needle from time to time when it was re-inserted back in, which was an indication t hat she wanted to die with dignity. Finally, my grandfather reluctantly let her go.

My dad became ill shortly after I graduated from trade school back in the early summer of 1999. His illness progressed, totally taking him over, and he died a year and a half later. Before he passed, however, my dad had made it clear to the rest of the family and the hospital staff that if he failed to come out of it, he did not wish to be kept on a ventilator, which would've been the next step. That had to be respected, and we respected that. Not only did my dad not want that , but the rest of the family didn't want that for him either. An autopsy, which was performed soon after the funeral, revealed that he'd died of a rare but fatal form of encephalitis known as Limbic Encephalitis, and it was bacterial, not viral, so it was not caused by a mosquito bite! So, it's not like dad's life could've been saved if they'd known, especially since even the top neurologist in the country, as aggressively as he fought to find out, couldn't figure out what was going on.
Even if the winds of chance had turned and dad had survived his illness, he would've spent his last years with severe physical and cognitive deficiences...something that such a vital, exuberant, confident, life-loving man would not have wanted, and neither would we. He died with dignity after going to the hospital for the last time. This was 7 years ago last month that my dad passed...I still miss him.

All of the above having been said, I firmly believe that, when it's time for a loved one to go, it's best to let him/her go, with dignity.

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Maybe it's not new law we need..

Independentmided shows how even under the current laws and cultural mores death with dignity, and relative peace, can be achieved.

But his/your family seems all too uncommon, in that they were united and there was no conflict. In my experience, these trying end times can often bring a variation of the Shiavo experience, when those closest are fractured.

My sister and I are, is fear, more the norm than the exception. We have grown apart, and only sickness of the older generation brings us together, but not always in peace.

She does what she can for my Aunt, and she fears my criticism, even of the slightest things like getting a TV, one of the few, that can be operated by a disabled person. Actually, none can, given the transition to digital which adds and removes channels and makes the remote time sensitive.
So in this case technological advance actually cuts out people like my aunt from this simple pleasure.

I just saw an older movie, "Marvin's Room" that beautifully and fairly depicted the issue we are discussing on this site. I recommend it to all.

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