Physician Assisted Dying Case Study

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B. The Statutes Legalizing Physician-Assisted Dying
The four states that have legalized physician-assisted dying include Oregon, Vermont, Washington, and California. Each state statute specifies certain criteria and procedural safeguards that must be met in order to exercise the right they establish. Of central importance is the definitions attached by the court to the term “terminally ill,” which is the primary requirement for a patient to undergo PAD. Procedural safeguards prevent the overwhelming worry of abuse of the right and assuring the physician will not be held legally liable for providing the treatment requested. Though all four state statutes are slightly different, the basic format is this (Oregon’s Death with Dignity Act):

An adult who is capable (of requesting PAD), is a resident of Oregon, and has been determined by the attending physician and consulting physician to be suffering from a terminal disease, and who has voluntarily expressed his or her wish to die, may make a written request for medication for the purpose of ending his or her life in a humane and dignified manner in accordance with ORS 127.800 to 127.897.

Within this basic excerpt, the patient must also be at least 18 years old, a resident of the requested state, mentally competent, and diagnosed with a terminal illness that,
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The tedious, long process has the effect of preventing abuse of the Death with Dignity laws, whether the patient is depressed, mentally ill, or at a weak point in her life. The requirement of three requests, two oral, one written, and the added waiting period of 15 days provide time for the patient to fully comprehend her decision and shows persistence in her decision. The informed consent is fulfilled by two physicians at separate times allowing the patient to hear the risks and benefits more than once, as well as having the opportunity to ask questions that may come to her attention

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