Showing posts with label Margaret Dore. Show all posts
Showing posts with label Margaret Dore. Show all posts

Tuesday, January 7, 2020

Press Release: New Jersey Aid in Dying Act Unconstitutional

Margaret Dore, Esq.
Aid in Dying Means Euthanasia

TRENTON, NJ, UNITED STATES, January 10, 2020 /EINPresswire.com/ -- Attorney Margaret Dore, president of Choice is an Illusion, a non-profit corporation opposed to assisted suicide and euthanasia, has filed a friend of the court brief in Glassman v. Grewal, which seeks to overturn New Jersey's Medical Aid in Dying for the Terminally Ill Act.

"Aid in Dying" is a euphemism for euthanasia. Dore's brief argues that the Act is stacked against the individual, not limited to people near death and unconstitutional due to the way it was enacted.

Tuesday, November 26, 2019

Help Us Help You

Margaret Dore and Elaine Kolb,
after testifying in Connecticut
Choice is an Illusion and its president, Margaret Dore, work with other people and groups throughout the US and internationally, to stop and reverse the spread of legal assisted suicide and euthanasia.

Dore is a fourth generation lawyer in Washington State USA, where her work has included guardianship and family law.  She has seen the terrible things that people do to each other for money. This includes court-appointed guardians who steal from the very people they are charged to protect. 

Thursday, May 30, 2019

Dore Bio: Margaret Dore v. David Leven Debate. Rematch in New York State.

Margaret K. Dore, Esq., MBA

Margaret Dore is a fourth generation lawyer in Washington State USA. Her father was a lawyer and a Democratic politician who ultimately served as Chief Justice of the Washington State Supreme Court. Her mother was a politician’s wife and a political activist in her own right, best known for her work to raise awareness about Sudden Infant Death Syndrome (SIDS), and also to help affected families and to promote medical research. Growing up, other families went camping. Dore’s family went campaigning.

Thursday, March 28, 2019

Margaret Dore Lead Witness Against Rhode Island Bill

Rhode Island Capitol

12 WPRI.COM, EYEWITNESS NEWS
The chief opponent of legalizing the practice of medication-assisted death in Rhode Island was not a Rhode Islander, but a lawyer from Washington state named Margaret Dore who runs an organization called Choice is an Illusion.
Don’t make our mistake, Dore told the committee, referring to Washington’s Death with Dignity Act.
She argued that the six-month prognosis is subjective, and patients sometimes live beyond doctors’ expectations. She also said the bill could have unintended consequences, telling a hypothetical story of a son who encourages his terminal father to request the medication just in case, and then persuades or forces him into taking the drug at home.
Dad dies, and the death certificate will reflect a terminal disease as the cause of death and the son will inherit, she said.

To view the entire post, click here.

Sunday, November 4, 2018

Margaret Dore and Dawn Eskew Take the Lead Against Flawed Hospice Act

Margaret Dore with
Dawn Eskew
The "Palliative Care and Hospice Education and Training Act," bills H.R. 1676 and S. 693, were proposed in 2017 and viewed as noncontroversial. 

In July 2018, H.R. 1676 passed the House. The bill was then received in the Senate and transferred to the Health, Education, Labor and Pensions Committee, which was also considering S. 693.

A week later, the Office of the Inspector General for the U.S. Department of Health and Human Services (OIG) issued a portfolio highly critical of the Medicare hospice benefit. This alerted Dore to some of the bills' problems.

Monday, October 9, 2017

Margaret Dore on Russian English Language Radio

Early this morning, Margaret Dore, President of Choice is an Illusion, a nonprofit corporation opposed to assisted suicide and euthanasia, spoke with Sputnik News Radio (Russian govt. owned) about Canada's new euthanasia law, as well as the current situation in the US.

To hear the interview, click here

Friday, February 21, 2014

Not Dead Yet: "American Bar Association Newsletter Features Margaret Dore Article on Elder Financial Abuse and Assisted Suicide"

Diane Coleman
http://www.notdeadyet.org/2014/02/american-bar-association-newsletter-features-margaret-dore-article-on-elder-financial-abuse-and-assisted-suicide.html 

In a new article that appeared in The Voice of Experience newsletter of the American Bar Association, Washington State elder law attorney Margaret Dore explained how she got involved in the fight against [the] legalization of assisted suicide.  The ABA newsletter is only available to subscribers, but the article, Preventing Abuse and Exploitation: A Personal Shift in Focus. An article about guardianship, elder abuse and assisted suicide, also appears on Dore's Choice Is An Illusion website.

Dore recounted some early experiences in handling guardianship cases involving elders.  Initially, she worked within the system, but then things changed:

I got a case involving a competent man who had been railroaded into guardianship.  The guardian, a company, refused to let him out.  The guardian also appeared to be churning the case, i.e., causing conflict and then billing for work to respond to the conflict and/or to cause more conflict. . . .
At this point, the scales began to fall from my eyes.  My focus started to shift from working within the system to seeing how the system itself sometimes facilitates abuse.  This led me to write articles addressing some of the system's flaws.  See e.g., Margaret K. Dore, Ten Reasons People Get Railroaded into Guardianship, 21 AM. J. FAM. L. 148 (2008), available at http://www.margaretdore.com/pdf/Dore_AJFL_Winter08.pdf
Dore's career as an elder law attorney brought new elements to the discussion of potential issues affecting elders who might be victimized. As Dore noted in her ABA article:

In 2011, Met Life released [a ] study . . . , which described how financial abuse can be catalyst for other types of abuse and which was illustrated by the following example.  "A woman barely came away with her life after her caretaker of four years stole money from her and pushed her wheelchair in front of a train.  After the incident the woman said, "We were so good of friends . . . I'm so hurt that I can't stop crying."   [The study is available at www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf.]
Dore went on to connect the dots between elder financial abuse and assisted suicide:

In the United States, physician-assisted suicide is legal in three states:  Oregon, Washington and Vermont. . . .
All three laws are a recipe for abuse.  One reason is that they allow someone else to talk for the patient during the lethal dose request process.  Moreover, once the lethal dose is issued by the pharmacy, there is no oversight over administration.  Even if the patient struggled, who would know?

In this and other legal articles, Dore has brought new analysis and valuable insights to the public debate over legalization of assisted suicide. The majority of reported cases in Oregon and Washington involved people with education and resources. Unfortunately, an elder's resources are no safeguard against abuse. In fact, Dore's voice of experience would suggest that resources may instead be a motivation for it. -  Diane Coleman

Monday, January 27, 2014

"Is there a way to allow a person to end his life without making someone else a criminal?"

By Margaret Dore, Esq.

A legislator considering an assisted suicide law asked me this question: "Is there a way to allow a person to end his life without making someone else a criminal?"

This was my (slightly edited) response:

People take their lives all the time.  One of my cousins shot himself and another threw himself in front of a train.  There was no criminality involved.  Also, if people are in pain, palliative care laws allow medical personnel to give patients copious amounts of drugs, including up to sedation, which can hasten the patient's death. This is the principal of double effect.  This is legal.  For more information, read theAffidavit of Kenneth Stevens, MD, page 3, paragraph 13.

There is also palliative care abuse in which no one seems to be held accountable, except for maybe one case in California where doctors relied on a wealthy patient's daughters, who said that their father was really bad off and didn't want treatment, which was not the case.  At least, that's what's claimed by the man's son. See William Dotinga, "Grim Complaint Against Kaiser Hospital," Court House News Service, February 6, 2012.

I've had like 15-20 contacts in the past year by people upset about their family member being suddenly off'd by medical personnel and/or having DNR's put on family members/friends without the patient's consent.  My caregiver friends also talk about guarding their patients in the hospital.  Here are some letters from Montana.  http://www.montanansagainstassistedsuicide.org/2013/04/dont-give-doctors-more-power-to-abuse.html

Here's a letter from Washington State where assisted suicide is legal. The letter talks about doctors being quick with the morphine and also regarding the conduct of an adult son shortly after our assisted suicide law was passed ("an adult child of one of our clients asked about getting the pills [to kill the father].  It wasn't the father saying that he wanted to die"). http://www.montanansagainstassistedsuicide.org/2012/07/dear-montana-board-of-medical-examiners.html  Here's a letter from a wife about how she was afraid to leave her husband alone after a doctor pitched assisted suicide to her husband. http://www.montanansagainstassistedsuicide.org/2013/01/i-was-afraid-to-leave-my-husband-alone.html

There is also the issue that people who say they want to die don't mean it, as with any suicide.  See http://www.montanansagainstassistedsuicide.org/p/what-people-mean-when-they-say-they.html

I've had two clients whose fathers signed up for the Oregon/Washington assisted suicide acts.  With the first case, one side of the family wanted the father to use the act and the other side didn't.  He spent the last months of his life torn over whether of not he should kill himself.  His daughter was also traumatized.  He died a natural death.  There is a Swiss study that you might be interested in, that 1 out of 5 family members were traumatized by witnessing the legal assisted suicide of a family member.  See http://choiceisanillusion.files.wordpress.com/2012/10/family-members-traumatized-eur-psych-2012.pdf

In my other case, the father had two suicide parties and it's not clear that it was voluntary.  My client, his son, was told that his dad had said "You're not killing me, I'm going to bed").  Regarding the next day, my client was told that his dad was already high on alcohol when he drank the lethal dose.  But then the person telling him this changed his story.  In Montana, Senator Jeff Essman, made a relevant observation regarding this point:
"[All] the protections [in Oregon's law] end after the prescription is written.  [The proponents] admitted that the provisions in the Oregon law would permit one person to be alone in that room with the patient. And in that situation, there is no guarantee that that medication is self-administered.
So frankly, any of the studies that come out of the state of Oregon's experience are invalid because no one who administers that drug . . . to that patient is going to be turning themselves in for the commission of a homicide."
Senate Judiciary Hearing on SB 167 on February 10, 2011

I, however, doubt that a person in Oregon could be prosecuted.  If you read the act carefully, there is no requirement of patient consent to administration of the lethal dose, and to the extent that's ambiguous, there's the rule of lenity.  In Washington State, prosecutors are required to report assisted suicide deaths as "Natural" - no matter what - at least, that's what the regulation says: http://www.doh.wa.gov/portals/1/Documents/5300/DWDAMedCoroner.pdf   How can you prosecute someone for homicide if the death is required to be reported as "Natural?"

Here in Washington, we have already had some informal proposals to expand the scope of our assisted suicide act.  One in particular disturbed me.  A Seattle Times column suggested euthanasia as a solution for people unable to support themselves, which would be involuntary euthanasia.  See Jerry Large, "Planning for old age at a premium," March 8, 2012, which states:
"After Monday's column,  . . . a few [readers] suggested that if you couldn't save enough money to see you through your old age, you shouldn't expect society to bail you out. At least a couple mentioned euthanasia as a solution."  (Emphasis added)
So, if you worked hard and paid taxes all your life and then your company pension plan goes belly up, this is how you want society to pay you back?

As a Democrat, I see us as looking out for the little guy, not passing laws to protect perpetrators, healthcare systems, etc. from legitimate claims.  I hope that you will vote against any effort to legalize assisted suicide/euthanasia.

Thank you for writing me back.

Margaret Dore

Saturday, September 1, 2012

Montana State Senator Greg Hinkle Corrects New England Journal of Medicine

Assisted Suicide is Not Legal in Montana
 
Dear Editor:

I am a Montana State Senator.  I disagree with your article, "Redefining Physicians' Role in Assisted Dying," claiming that assisted suicide is legal in Montana.  At the very least, Montana law is unclear.

Last year, Senate Bill 167, which would have legalized assisted suicide in Montana, failed.  This leaves assisted suicide governed by a Montana Supreme Court case, Baxter v. Montana.  An analysis by attorneys Greg Jackson and Matt Bowman describes Baxter as follows:


"The Montana Supreme Court s assisted-suicide decision . . . didn't even 'legalize' assisted-suicide. . . . After Baxter, assisted-suicide continues to carry both criminal and civil liability risks for any doctor, institution, or lay person involved."[1]

Since then, competing articles have appeared in the official Montana State Bar publication disputing whether Baxter legalized assisted suicide.[2]  The editor's headline states: "Court ruling still leaves the issue open to argument." [3]

Correct reporting would be that assisted suicide is not legal in Montana and/or hotly disputed.  Thank you for your attention to this matter.


Senator Greg Hinkle
Thompson Falls, MT 


* * *

[1] Greg Jackson, Esq., and Matt Bowman, Esq., "Analysis of Implications of the Baxter Case on Potential Criminal Liability," Montanans Against Assisted Suicide & For Living with Dignity, April 2010, available at
http://montanansagainstassistedsuicide.org/wp-content/uploads/2011/05/Analysis-of-Baxter.pdf                                                
[2] Senator Anders Blewett (pro article), Senator Jim Shockley and Margaret Dore (con article), "The aid-in-dying debate: Can a physician legally help a patient die in Montana?  Court ruling still leaves the issue open to argument," The Montana Lawyer, November 2011, available at http://maasdocuments.files.wordpress.com/2012/07/montana-lawyer-pro-con-articles-nov-2011.pdf[3]  Id.

Friday, August 31, 2012

New England Journal of Medicine Article Misleading

Dear Editor:

I am a lawyer in Washington State, one of two states where assisted-suicide is legal.  The other state is Oregon, which has a similar law.  Lisa Lehmann's article, "Redefining Physicians' Role in Assisted Dying," is misleading regarding how these laws work.

First, the Oregon and Washington laws are not limited to people in their "final months" of life.[1,2]  Consider for example, Jeanette Hall, who in 2000 was persuaded by her doctor to be treated rather than use Oregon's law.  She is alive today, twelve years later.[3]

Second, these laws are not "safe" for patients.[4][5]  For example, neither law requires a witness at the death.  Without disinterested witnesses, the opportunity is created for the patient's heir, or someone else who will benefit from the patient's death, to administer the lethal dose to the patient without his consent.  Even if he struggled, who would know?  

Third, the fact that persons using Oregon's law are "more financially secure" than the general population is consistent with elder financial abuse, not patient safety.  Do not be deceived. 

* * *

[1]  Margaret K. Dore, "Aid in Dying: Not Legal in Idaho; Not About Choice," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 18-20, September 2010, available athttp://www.margaretdore.com/pdf/Not_Legal_in_Idaho.pdf.
[2]  Kenneth Stevens, MD, Letter to the Editor, "Oregon mistake costs lives," The Advocate, official publication of the Idaho State Bar, Vol. 52, No. 9, pages 16-17, September 2010, available athttp://www.margaretdore.com/info/September_Letters.pdf 
[3]  Ms. Hall corresponded with me on July 13, 2012.
[4]  See article at note 1.  See also Margaret Dore, "Death with Dignity": A Recipe for Elder Abuse and Homicide (Albeit Not by Name)," at 11 Marquette Elder's Advisor 387 (Spring 2010), original and updated version available at http://www.choiceillusion.org/p/the-oregon-washington-assisted-suicide.html 
[5]  Blum, B. and Eth, S.  "Forensic Issues: Geriatric Psychiatry." InKaplan and Sadock's Comprehensive Textbook of Psychiatry, Seventh Edition, B. Sadock and V. Sadock editors.  Baltimore, MD: Lippincott, Williams and Wilkins, pp. 3150-3158, 2000. 

Tuesday, April 24, 2012

Dore v. Morris: Assisted suicide debate deals with abuse, compassion


http://www.kamloopsnews.ca/article/20120419/KAMLOOPS0101/120419759/-1/kamloops01/assisted-suicide-debate-deals-with-abuse-compassion

April 19, 2012

Lawyer cautions against legislating through courts

By Mike Youds, Daily News Staff Reporter
 
Margaret Dore (L) and Wanda Morris (R)

A right to medically assisted suicide may sound compassionate and just, but beware the details when it comes to the act itself, a U.S. lawyer warned Wednesday in a debate at TRU.

Margaret Dore shared some of her experiences with assisted suicide in Washington State, where the practice became legal through a ballot measure four years ago.


 "A lot of people think this is a great idea until they start thinking and reading about how you do it," she told an audience of about 30 people in the Irving K. Barber Centre.

In effect, laws in Washington and Oregon empower people who may choose to abuse the responsibility, Dore said.

"Your heir can be there to help you sign up. Once the legal dose leaves the pharmacy, there is no oversight whatsoever."

Wanda Morris, head of the Canadian charity Dying With Dignity, advocated for the right to choose to end life humanely.

"These are individuals who want to live, but they are individuals facing a horrific death," she said. "The fundamental difference is choice. Choice is important in Canada. Why is it, at the time of life when we're facing our toughest decision we could ever make, that choice is taken away?"

The issue has long been debated in Canada, where two years ago Parliament easily defeated a bill that would have permitted assisted suicide and euthanasia. Recently the subject has made headlines again with two court high-profile court cases in B.C. and Quebec.

"Autonomy is such a critical value, it is a cornerstone of modern medicine," Morris continued. "Nothing can be done without consent. And yet here, at the end of life, I'm not given that choice."

Dore said she agrees that people should have the right to choose how they die, but the U.S. laws don't give that. Four days after the Washington State law passed, the adult son of a care facility resident showed up asking how "to get them pills," she said.

"Who's choice?," she asked rhetorically. An adult child can administer the lethal dose with no one else to tell whether it was a matter of consent. "There is no oversight over administration."

Morris insisted that the law her organization has long pushed for would only apply to individuals with six months or less to live. Dore countered that such a restriction does not apply in the U.S. and pointed to a case where an Oregon woman, who was talked out of suicide by her doctor, remains thankful she has survived another 12 years.

There was a $5.4-million lobby for assisted suicide in Washington, a machine that was up against a volunteer group, she said.

"In Canada and the U.S., there is a very significant funder in this debate and it is the Catholic church," Morris said.

Opponents of assisted suicide argue from dogmatic positions and cannot be satisfied, she said.

"Excuse me, but I never said anything about Catholic dogma," Dore replied.

She warned that Canada, having rejected the idea in Parliament, is facing the possibility of legislating it through the courts with the Carter and Leblanc court cases.

"We have a blank slate and we can write in whatever controls we want to protect the weak and the vulnerable," Morris said.

Thursday, March 24, 2011

Washington State’s Assisted Suicide Report: No Information About Consent

By Margaret K. Dore, Esq.[1]

On March 10, 2011, Washington State issued a formal report about its physician-assisted suicide act.[2] The report does not address whether the people who died under the act did so on a voluntary basis. The information provided is inherently unreliable.

A. Washington’s Act

Washington’s assisted suicide act was enacted via a ballot initiative in 2008 and went into effect in 2009.[3]

During the election, proponents claimed that the act’s passage would assure individuals control over their deaths. The act, however, has significant gaps so that such control is not assured. For example, the act allows a person’s heir, who will benefit financially from the death, to assist in signing the person up for the lethal dose.[4]