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Wednesday, September 21, 2011

Montana Propaganda: Baxter & Assisted Suicide

By Margaret Dore, Esq.

Barbara Coombs Lee, President of Compassion & Choices, has posted a propaganda piece on Huffington Post falsely claiming that a physician who assists a suicide in Montana is "safe" from prosecution.  My request for equal time to correct the record on Huffington Post has been ignored.  A discussion of the actual law of Montana is set forth below. 

A.  Assisted Suicide

There are just two states where physician-assisted suicide is legal: Oregon and Washington.  These states have statutes that give doctors and others who participate in a qualified patient’s suicide, immunity from criminal and civil liability.  (ORS 127.800-995 and RCW 70.245). 

In Montana, by contrast, the law on assisted suicide is governed by the Montana Supreme Court decision, Baxter v. State, 354 Mont. 234 (2009).  Baxter gives doctors who assist a suicide a potential defense to criminal prosecution.  Baxter does not legalize assisted suicide by giving doctors or anyone else immunity from criminal and civil liability.  Under Baxter, a doctor cannot be assured that a particular suicide will qualify for the defense. 

B.  The Baxter Decision is Wrong

Baxter found that there was no indication in Montana law that physician-assisted suicide, which the Court termed “aid in dying,” is against public policy.  (354 Mont. at 240, ¶¶ 13, 49-50).  Based on this finding, the Court held that a patient’s consent to assisted suicide “constitutes a statutory defense to a charge of homicide against the aiding physician.”  (Id. at 251, ¶ 50).

Baxter, however, overlooked caselaw imposing civil liability on persons who cause or fail to prevent a suicide.  See e.g., Krieg v. Massey, 239 Mont. 469, 472-3 (1989) and Nelson v. Driscoll, 295 Mont. 363, ¶¶ 32-33 (1999).  Baxter also overlooked elder abuse.  The Court stated that the only person “who might conceivably be prosecuted for criminal behavior is the physician who prescribes a lethal dose of medication.”  (354 Mont. at 239, ¶ 11).  The Court thereby overlooked criminal behavior by family members and others who benefit from a patient’s death, for example, due to an inheritance.

The Baxter decision is fundamentally flawed and wrong.

C.  Doctors are not "Safe" Under Baxter

Baxter is a narrow decision via which doctors cannot be assured that a particular suicide will qualify for the defense. Attorneys Greg Jackson and Matt Bowman provide this analysis:

"If the patient is less than 'conscious,' is unable to 'vocalize' his decision, or gets help because he is unable to 'self-administer,' or the drug fails and someone helps complete the killing, Baxter would not apply. . . .

http://www.montanansagainstassistedsuicide.org/p/baxter-case-analysis.html

Even if a doctor "beats the rap" on prosecution, there is the issue of civil liability.  See Krieg and Nelson, supra.  Like O.J. Simpson, a doctor who escapes criminal liability could find himself sued by a family member upset that he "killed mom."  The doctor could be held liable for civil damages.

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Margaret Dore is President of Choice is an Illusion, a nonprofit corporation opposed to assisted-suicide. (www.choiceillusion.org She is also an attorney in Washington State where assisted suicide is legal.

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[1] http://www.huffingtonpost.com/barbara-coombs-lee/aid-in-dying-montana_b_960555.html 

Saturday, September 10, 2011

Barbara Coombs Lee Renews Plea to Eliminate Oregon Reporting Consistent with Elder Abuse

Today, Barbara Coombs Lee, President of Compassion & Choices, published a blog on Huffington Post arguing that reporting for Oregon's assisted suicide act is no longer needed.[1]  This is the same claim that Compassion & Choices made in Montana before its proposed bill to legalize assisted suicide was defeated last February.

The reporting in question is consistent with elder abuse, i.e., of people with money.  This quote is from my memo against Compassion & Choices' bill, SB 167:

"Doctor reporting is . . . eliminated.1  The former Hemlock Society, Compassion & Choices, claims that this is because Oregon’s reporting system has “demonstrated the safety of the practice.”2  To the contrary, Oregon’s reports support that the claimed safety is speculative.  The reported statistics are also consistent with elder abuse.  No wonder Compassion & Choices wants the reporting system gone."

To view the entire memo, click here. 

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[1]  Barbara Coombs Lee, "What We Know From Oregon's 'Death with Dignity' Experiment," Huffington Post, September 10, 2011 ("Bureaucratic paperwork has provided important data demonstrating the safety of aid in dying [assisted suicide] . . .").  To view her post, click here.

Wednesday, September 7, 2011

The Emperor Has No Clothes: "VSED"

Euthanasia proponents have a new campaign promoting starvation and dehydration.  VSED: "voluntarily" stopping eating and drinking.  Below, Kate Kelly provides a real life example:  "I watched her suffer."

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Mild stroke led to mother's forced starvation 

By Kate Kelly,  edited by Margaret Dore.

I watched an old woman die of hunger and thirst.  She had Alzheimer's, this old woman, and was child-like, trusting, vulnerable, with a child's delight at treats of chocolate and ice cream, and a child's fear and frustration when tired or ill.

I watched her die for six days and nights.

I watched her suffer, and I listened to the medical practitioners, to a son who legally decided her fate, and to an eldest daughter who advised him and told me that the old woman, my mother, was "comfortable," except when she was "in distress," at which times the nurses medicated her to make her "comfortable" again.

I watched the old woman develop ulcerations inside her mouth as she became more and more dehydrated; the caregivers assured me these were not painful.

I listened to her breathing become more and more laboured, as her lungs became congested from the morphine administered every three to four hours, and later every hour.