The Effectiveness of Legal Safeguards in Jurisdictions that Allow Assisted Dying

Lewis, Penney; Black, Isra

doi:10.2139/ssrn.2824513

Cited by 5 publications

(4 citation statements)

References 100 publications

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“…Of the jurisdictions internationally where assisted suicide is legal, all include mental capacity as part of their safeguards [ 29 ] but only the Oregon and Washington statutes give an explicit definition of mental capacity [ 30 ]. Guidelines for mental health professionals accompanying the Oregon Death with Dignity Act (DWDA) outline the capacity evaluation process, but these acknowledge that this process is difficult, especially in determining the impact of mental disorders on decision making ability [ 31 ].…”

Section: Discussionmentioning

confidence: 99%

Concepts of mental capacity for patients requesting assisted suicide: a qualitative analysis of expert evidence presented to the Commission on Assisted Dying

et al. 2014

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Background: In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts. This study aims to explore how the experts presenting evidence to the Commission on Assisted Dying conceptualised mental capacity for patients requesting assisted suicide and examine these concepts particularly in relation to the principles of the Mental Capacity Act 2005.

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Section: Discussionmentioning

confidence: 99%

Concepts of mental capacity for patients requesting assisted suicide: a qualitative analysis of expert evidence presented to the Commission on Assisted Dying

et al. 2014

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“…Notwithstanding the acknowledged importance of consulting trained assisted dying consultants ( 8 ), empirical evidence on this practice is rather limited. Furthermore, previous research has especially studied the practice from the consultants' accounts, and less from the attending practitioners' perspectives ( 9 , 10 ).…”

Section: Introductionmentioning

confidence: 99%

Characteristics and outcomes of peer consultations for assisted dying request assessments: Cross-sectional survey study among attending physicians

Vissers

Dierickx

Deliëns

et al. 2023

Front. Public Health

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BackgroundIn most jurisdictions where assisted dying practices are legal, attending physicians must consult another practitioner to assess the patient's eligibility. Consequently, in some jurisdictions, they can rely on the expertise of trained assisted dying consultants (trained consultants). However, these peer consultations remain under-researched. We examined the characteristics and outcomes of peer consultations to assess an assisted dying request with trained consultants, and explored how these characteristics influence the performance of assisted dying.MethodsWe conducted a cross-sectional survey in 2019–2020 in Belgium among attending physicians who had consulted a trained consultant for an assisted dying request assessment (N = 904).ResultsThe valid response rate was 56% (502/903). The vast majority of attending physicians (92%) who had consulted a trained consultant were general practitioners. In more than half of the consultations (57%), the patient was diagnosed with cancer. In 66%, the patient was aged 70 or older. Reported as the patients' most important reasons to request assisted dying: suffering without prospect of improving in 49% of the consultations, loss of dignity in 11%, pain in 9%, and tiredness of life in 9%. In the vast majority of consultations (85%), the attending physician consulted the trained consultant because of the expertise, and in nearly half of the consultations (46%) because of the independence. In more than nine out of ten consultations (91%), the consultant gave a positive advice: i.e., substantive requirements for assisted dying were met. Eight out of ten consultations were followed by assisted dying. The likelihood of assisted dying was higher in consultations in which loss of dignity, loss of independence in daily living, or general weakness or tiredness were reasons for the request.ConclusionOur findings indicate that the peer consultation practice with trained consultants is most often embedded in a primary care setting. Moreover, our study corroborates previous research in that assisted dying is performed relatively less frequently in patients with cancer and more often in patients with general deterioration. Our findings suggest that attending physicians hold peer consultations with trained consultants to endorse their own decision-making and to request additional support.

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“…6 Alongside ethical and legal arguments, research evidence plays a prominent role in end-of-life policy debates. For example, Canadian court documents included an extensive discussion of international evidence, 1 as did government expert committees on endof-life policy reforms in Quebec, 7 the United Kingdom 5 and France. 4 International evidence is used by proponents and opponents to support different assumptions about the possible effects of policy change.…”

Section: Introductionmentioning

confidence: 99%

“…In Canada, the criminal code prohibition on the intentional use of lethal drugs by physicians is currently being challenged in the federal Supreme Court, 1 while Quebec recently adopted a law to authorise ‘medical aid in dying’. 2 End-of-life policy proposals have also been recently debated in the United States, 3 France, 4 the United Kingdom 5 and Belgium. 6…”

Section: Introductionmentioning

confidence: 99%

Comparing end-of-life practices in different policy contexts: a scoping review

Boivin

Marcoux

Garnon

et al. 2015

J Health Serv Res Policy

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The Effectiveness of Legal Safeguards in Jurisdictions that Allow Assisted Dying

Cited by 5 publications

References 100 publications

Concepts of mental capacity for patients requesting assisted suicide: a qualitative analysis of expert evidence presented to the Commission on Assisted Dying

Concepts of mental capacity for patients requesting assisted suicide: a qualitative analysis of expert evidence presented to the Commission on Assisted Dying

Characteristics and outcomes of peer consultations for assisted dying request assessments: Cross-sectional survey study among attending physicians

Comparing end-of-life practices in different policy contexts: a scoping review

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