Showing posts with label physician-assisted suicide. Show all posts
Showing posts with label physician-assisted suicide. Show all posts

Thursday, June 30, 2016

New Mexico Supreme Court Upholds Statute Prohibiting Assisted Suicide

New Mexico Supreme Court
Today, the New Mexico Supreme Court upheld a criminal statute prohibiting "assisting suicide" as constitutional when applied to "physician aid in dying," meaning physician-assisted suicide. The 5-0 decision states in part:
[W]e agree with the legitimate concern that recognizing a right to physician aid in dying will lead to voluntary or involuntary euthanasia because if it is a right, it must be made available to everyone, even when a duly appointed surrogate makes the decision, and even when the patient is unable to self-administer the life-ending medication. . . .
[The] statute is neither unconstitutional or its face nor as it is applied to Petitioners. . . . [W]e reverse the district court's contrary conclusion and remand to the district court for proceedings consistent with this opinion. [pp. 31 & 57]

Sunday, February 28, 2016

Dore Opposition to Nebraska Bill Seeking to Legalize Assisted Suicide and Euthanasia

Dear Senator Seiler and Members of the Judiciary Committee,

The Introducer's Statement of Intent says that the bill is intended for dying people "when death is certain and imminent." This is not true. The bill, in fact, applies to people with years, even decades, to live. Please see the memo at this link: https://choiceisanillusion.files.wordpress.com/2016/02/nebraska-partial-memo-years-to-live.pdf


Let me know if you have any questions or concerns.

Thank you.

Margaret Dore, Esq., MBA
Law Offices of Margaret K. Dore, P.S.
Choice is an Illusion, a nonprofit corporation
www.margaretdore.com
www.choiceillusion.org
1001 4th Avenue, Suite 4400
Seattle, WA 98154

Wednesday, February 3, 2016

Colorado Assisted Suicide Bills Are a Recipe for Elder Abuse

FOR IMMEDIATE RELEASE

Dore: "Even if you like the concept of assisted suicide and euthanasia, the proposed Colorado bills have it all wrong."

Contact: Margaret Dore (206) 697-1217

Denver, CO  --  Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now Colorado, made the following statement in connection with legislative hearings being held today and tomorrow on bills seeking to legalize assisted suicide and euthanasia in that state. 

"The bills, SB 16-025 and HB 16-1054, seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore. "The bills are described as 'aid in dying,' but their reach is not limited to dying people. 'Eligible' persons may have years, even decades, to live."

Dore said, "The bills are a recipe for elder abuse. The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose. There is no oversight over administration."  Dore elaborated, "No doctor, not even a witness, is required to be present at the death. Even if the patient struggled, who would know? The bills create the perfect crime." 

"It gets worse," said Dore.  "The bills require the death certificate to be falsified to reflect a death by a terminal illness.  The significance is a loss of transparency as to the true cause of death and an inability to prosecute in the case of an outright murder for the money; the death, as a matter of law is a terminal illness."  

The Colorado bills seek to legalize assisted suicide and euthanasia for people who are "terminal," which is defined as a doctor's prediction of less than six months to live. In real life, such persons can have years, even decades, to live.

"Doctors can be wrong about life expectancy, sometimes way wrong," Dore said. "This is due to actual mistakes: They evaluated another patient's test results. More typically, however, doctors are wrong because predicting life expectancy is not an exact science. A few years ago, I was met at the airport by a man who at age 18 had been diagnosed with ALS and given 3 to 5 years to live, at which time he was predicted to die by paralysis. The diagnosis had been confirmed by the Mayo Clinic. When he met me at the airport, he was 74 years old. The disease progression had stopped on its own."

"If the Colorado bills become law, there will be new lethal paths of elder abuse, which will be legally sanctioned and hidden from view," said Dore. "People with years, even decades to live, will be encouraged to throw away their lives. Even if you like the concept of assisted suicide and euthanasia, the proposed Colorado bills have it all wrong."

For back up documentation, please see below:.

1. Memo from Margaret Dore, Esq., MBA, to the Colorado Senate State, Veterans & Military Affairs Committee and to the Colorado House Judiciary Committee, January 30, 2016, available here: https://choiceisanillusion.files.wordpress.com/2016/01/colorado-memo-01-30-16.pdf and here:
https://choiceisanillusion.files.wordpress.com/2016/01/colorado-memo-attachment_001.pdf

2.  Margaret K. Dore, "'Death with Dignity': What Do We Advise Our Clients?," King County Bar Association, Bar Bulletin, May 2009,https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm

3.  Nina Shapiro, "Terminal Uncertainty: Washington's new "Death With Dignity" law allows doctors to help people commit suicide-once they've determined that the patient has only six months to live. But what if they're wrong?" Seattle Weekly, 01/14/09, available at https://choiceisanillusion.files.wordpress.com/2015/08/terminal-uncertainty-w-o-ad.pdf


-00-

Saturday, January 16, 2016

New York State Legal/Policy Analysis

Below, please find a legal/policy analysis by attorney Margaret Dore opposing bills seeking to legalize assisted suicide and euthanasia in New York State. A hard copy can be viewed by clicking here; the appendix can be viewed by clicking here.  Please find a web version below.


I. INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. Both laws are similar to the proposed New York State bills, which seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined.[2]

The proposed bills are described as “aid in dying,” but their reach is not limited to dying people. “Eligible” persons may have years, even decades, to live. The bills are a recipe for elder abuse.  There are other problems.

I agree with proponents that assuring patient choice and control is paramount. The bills, however, are stacked against the patient. This is due to their actual language. Some of the words used do not have their normal meanings. I urge you to read the definitions and other provisions carefully. Don’t be fooled; please reject this measure.

Tuesday, January 12, 2016

New York State Assisted Suicide and Euthanasia Bills Are a Recipe for Elder Abuse

TUESDAY, JANUARY 12, 2016

FOR IMMEDIATE RELEASE

Dore: "Even if you like the concept of assisted suicide and euthanasia, the proposed New York bills have it all wrong.”

Contact: Margaret Dore (206) 697-1217

Albany, NY -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now New York State, made the following statement in connection with a legislative lobby day for proposed bills, which seek to legalize assisted suicide and euthanasia.

"There are bills pending before the New York State Legislature, which seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined," said Dore. "The bills are described as 'aid in dying,' but their reach is not limited to dying people. 'Eligible' persons may have years, even decades, to live."

Dore said, "The bills are a recipe for elder abuse. The patient's heir, who will financially benefit from the patient's death, is allowed to actively participate in signing the patient up for the lethal dose. There is no oversight over administration." Dore elaborated, "No doctor, not even a witness, is required to be present at the death. Even if the patient struggled, who would know? The bills create the perfect crime."  

Monday, January 11, 2016

Dore Legal and Policy Analysis of New York State Bills

Today, attorney Margaret Dore released a legal and policy analysis opposing bills seeking to legalize assisted suicide and euthanasia in New York State, addressed to members of the Health Committees of the New York State Legislature.  Her analysis can be viewed by clicking here; back up documentation can be viewed by clicking here.  Please find the introduction below.

INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal. Our law is based on a similar law in Oregon. Both laws are similar to the proposed New York State bills, which seek to legalize physician-assisted suicide, assisted suicide and euthanasia as those terms are traditionally defined.

The proposed bills are described as “aid in dying,” but their reach is not limited to dying people. “Eligible” persons may have years, even decades, to live; the bills are a recipe for elder abuse. There are other problems.

I agree with proponents that assuring patient choice and control is paramount. The bills, however, are stacked against the patient. This is due to their actual language. Some of the words used do not have their normal meanings. I urge you to read the definitions and other provisions carefully. 

Don’t be fooled  . . . .

Tuesday, November 24, 2015

The Cost of Physician-Assisted Suicide.

By Margaret Dore, Esq., MBA*
Updated November 25, 2015 

It is often assumed that legalizing physician-assisted suicide will save states money. Don’t be so sure. In Oregon, legalization is correlated with an increase in other suicides, the cost of which is "enormous."

More Suicide

Oregon's law legalizing physician-assisted suicide went into effect “in late 1997.”[1] Since then, Oregon has reported a small, but steadily rising number of deaths.[2]

Oregon's other suicides, which are tracked separately, have also increased. Indeed, by 2000, Oregon's suicide rate for other suicides was "increasing significantly."[2] By 2007, Oregon's suicide rate for other suicides was 35% above the national average.[3] By 2010, Oregon's suicide rate for other suicides was 41% above the national average.[4]

The Financial Cost

The financial cost of these other suicides (and suicide attempts) is huge for Oregon, a smaller population state. The Oregon Health Authority states:
The cost of suicide is enormous. In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars; and the estimate of total lifetime cost of suicide in Oregon was over 680 million dollars. (Footnotes omitted).[5]

Saturday, October 24, 2015

Dore Professional Commentary

http://jurist.org/hotline/2015/10/margaret-dore-physician-assisted-suicide.php
California's New Assisted Suicide Law: Whose Choice Will it Be?
JURIST Guest Columnist, Margaret Dore, Esq., MBA
Editor, Maria Coladonato



California has passed a bill to legalize physician-assisted suicide, which is scheduled to go into effect during 2016. "The End of Life Option Act" was sold as giving patients choice and control at the end of life. The bill, in fact, is about ending the lives of people who are not necessarily dying anytime soon and giving other people the "option" to hurry them along. The bill is a recipe for elder abuse and family trauma. 

Tuesday, October 20, 2015

New York Daily News: Judge Rules Against Assisted Suicide

http://www.nydailynews.com/new-york/judge-rules-n-y-die-assisted-physician-article-1.2403502

BY , NEW YORK DAILY NEWS Monday, October 19, 2015, 8:54 PM
A Manhattan judge has denied the dying wish of three New Yorkers who wanted their doctors off the hook if they assisted in their suicides.

Steve Goldenberg, Sara Myers and Eric Seiff, who are all terminally ill, said they want nothing more than to be able to die in peace.

But for that, they said they need a little help, and don’t want their doctors to face any flak.

But state civil judge Joan Kenney said that while she was sympathetic to their plight, their doctors would have to stay on the sidelines.

Kenney said in her ruling that the U.S. Supreme Court has already found that New York state laws prohibit assisted suicide, and the statutes are not in violation of a patients civil rights.

“In New York, as in most states, it is a crime to aid another to commit or attempt suicide,” Kenney said in her ruling. “But patients may refuse lifesaving medical treatment.”

Wednesday, September 30, 2015

Judge rules against legalizing assisted suicide in Tennessee

http://www.tennessean.com/story/news/local/davidson%20/2015/09/29/judge-rules-against-tn-assisted-suicide/73048034/

Lucas L. Johnson II, Associated Press, and Stacey Barchenger, The Tennessean6:12 p.m. CDT September 29, 2015

A former Democratic gubernatorial candidate who is terminally ill cannot die by assisted suicide, a judge ruled Tuesday, saying doctors engaging in such a practice are committing "criminal conduct."

John Jay Hooker has terminal cancer and has doctors who have expressed a willingness to prescribe him a lethal dosage of painkillers.

Thursday, August 27, 2015

Updated California Materials Against ABX2-15

To view new materials against ABX2-15, seeking to legalize physician-assisted suicide, click here.

If the document is "too big," click here and here for the memo and its appendix as separate documents.

Overview 

ABX2-15, the “End of Life Option Act,” seeking to legalize physician-assisted suicide in California is a recipe for elder abuse.  The bill is not limited to people who are dying.  Indeed, “eligible” persons can have years, even decades, to live.

In Oregon, which has a similar law, that state’s Medicaid program uses coverage incentives to steer people to suicide.  If ABX2-15 is enacted, California’s Medicaid program, as well as private insurers, will be able to engage in this same conduct.  Do you want this to happen to you or your family?

The bill has a myriad of other problems.  Please vote “No” on ABX2-15.

Saturday, August 22, 2015

Most States Have Rejected Assisted Suicide

In the last five years, four states have strengthened their laws against assisted suicide. These states are: Arizona, Idaho, Georgia and Louisiana.

In the last 30 days, courts in New Mexico and California have rejected assisted suicide. The  New Mexico Court of Appeals struck down a lower court ruling that had allowed physician-assisted suicide. A California trial court declined to legalize physician-assisted suicide, holding that California's law prohibiting physician-assisted suicide is constitution.

This year, there have been 25 plus proposals to legalize physician-assisted suicide in the United States, not one of which has passed.[1]

There are just three states were physician-assisted suicide is legal: Oregon; Washington; and Vermont.  In a fourth state, Montana, case law gives doctors who assist a suicide a defense to a homicide charge; the doctor can still be charged.  In both Montana and Vermont, there are active movements to eliminate assisted suicide.[2]

* * *
[1]  Death with Dignity National Center
[2]  In Montana, SB 202, which would have legalized physician-assisted suicide was defeated; HB 477, which would have reversed the court decision giving doctors a defense to a homicide charge, passed the House.  See http://www.montanansagainstassistedsuicide.org/2015/05/sb-202-dead.html and http://www.montanansagainstassistedsuicide.org/2015/03/hb-477-passes-house.html   See also www.truedignityvt.org

Thursday, August 13, 2015

Memo to the California State Assembly: "No" on SB 128

The original pdf version of this memo has an executive summary and index, which can be viewed here. The attachments can be viewed here.


I. INTRODUCTION.

I am an attorney in Washington State where assisted suicide is legal.[1] Our law is based on a similar law in Oregon. Both laws are similar to the proposed California bill, SB 128.[2] 

Enactment of SB 128 will create new paths of elder abuse. “Eligible” patients will include people with years, even decades, to live.  

I urge you to reject this measure. Do not make Washington’s and Oregon’s mistake.

Saturday, June 27, 2015

Minnesota: Vote "NO" on SF 1880!

Here is a memo with attachments in opposition to SF 1880, which seeks to legalize assisted suicide and euthanasia in Minnesota.  Major points include:

  • There is no oversight at the death (even if the patient struggled, who would know?).
  • The death certificate will be falsified to reflect a natural death via a terminal disease (reducing transparency, and more importantly, preventing prosecution even in the case of outright murder)
  • "Eligible" people may have years, even decades, to live (people are encouraged to throw away their lives)

Margaret Dore, Esq., MBA
Law Offices of Margaret K. Dore, P.S
Choice is an Illusion, a non-profit corporation
www.margaretdore.com
www.choiceillusion.org
1001 4th Avenue, Suite 4400
Seattle, WA  98154
206 389 1754

Monday, May 4, 2015

California: Memo to Senate Appropriations Committee: "Vote 'NO' on SB 128: The financial impact is potentially 'enormous.'"

By Margaret K. Dore, Esq., MBA
To view a pdf version,  please click here.

A. Introduction

SB 128 seeks to legalize physician-assisted suicide.  The bill is based on a similar law in Oregon, which was enacted in 1997.  In Oregon, the law is rarely used, but since passage, there has been a significant increase in other (conventional) suicides.  This increase is consistent with a suicide contagion in which legalization and promotion of physician-assisted suicide has led to an increase in other suicides.  Moreover, the financial cost is “enormous.”  A government report from Oregon states:
In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars.
This Committee must vote NO unless the proponents can show that California will not have a similar increase in conventional suicides. Otherwise, the financial cost in California could be “enormous.”

Sunday, May 3, 2015

California: "SB 128 has the potential for a large and adverse financial impact."

LETTER submitted to the Senate Appropriations Committee (edited for the web):
Please accept this cover letter and memo in opposition to SB 128 for the purpose of the May 11th hearing. 

Based on the "Oregon experience," passage of SB 128 has the potential for a large and adverse financial impact on the state of California.  The cover letter explains why as follows:
SB 128 seeks to legalize physician-assisted suicide. 
In Oregon, which has had a similar law since 1997, legalization is statistically correlated with an increase in other suicides.  This increase is consistent with a suicide contagion in which the legalization of one type of suicide (physician-assisted) has led to an increase in other (conventional) suicides.  Moreover, the financial cost is "enormous."  A government report from Oregon states:
"In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars."  (Emphasis added).
Here are the full links:  

https://choiceisanillusion.files.wordpress.com/2015/05/dore-ltr-ca-sen-appr-com_001.pdf

https://choiceisanillusion.files.wordpress.com/2015/05/sb-128-senate-appropriations-memo-updated.pdf

Thank you for your consideration.

Margaret Dore, Esq., MBA, President
Choice is an Illusion, a nonprofit corporation
Law Offices of Margaret K. Dore, P.S.
www.choiceillusion.org 
www.margaretdore.com 
1001 4th Avenue, Suite 4400
Seattle, WA  98154

Tuesday, March 17, 2015

Montana: HB 477 PASSES the House!

Yesterday, HB 477, which overrules Montana/s Baxter decision by clarifying that physician-assisted suicide is against public policy and prohibited, passed Montana's House of Representatives.

Saturday, February 14, 2015

WA State: Vote "YES" on SB 5919.

This is a simple bill, which clarifies that patients considering assisted suicide have a right to be told of their options for cure or to extend life. Passing the bill will be consistent with how Washington's assisted suicide act was marketed to the voters, as providing choice for patients. I urge you to vote "Yes.”
* * *
Below please find my updated memo supporting SB 5919, currently pending in the Washington State Senate. To see a print version, please click here.

Margaret Dore, Esq., MBA

Thursday, October 9, 2014

"This is how society will pay you back? With non-voluntary or involuntary euthanasia?"

I am a lawyer in Washington State, where assisted suicide is legal. Our law was passed by a deceptive ballot measure spearheaded by Compassion & Choices. Voters were promised that only the patient would be allowed to administer the lethal dose, which is false. Our law does say that the patient may self-administer the lethal dose, but there is no language saying that administration must be by self-administration. For more information, please go here:  https://www.kcba.org/newsevents/barbulletin/BView.aspx?Month=05&Year=2009&AID=article5.htm
Once assisted suicide is legal, there is pressure to expand. For example, here in Washington State, we have had “trial balloon” proposals to expand our law to non-terminal people. For me, the most disturbing one was a casual discussion in our largest paper suggesting euthanasia for people who didn’t save enough money for their old age. So, if you worked hard all your life, paid your taxes, and your pension plan went broke, this is how society will pay you back? With non-voluntary or involuntary euthanasia?
To view a copy of the newspaper column, please go here: https://choiceisanillusion.files.wordpress.com/2014/10/jerry-large_001.pdf.
Protect yourselves and your families. Don’t let assisted suicide become legal in Montana.
Margaret Dore, president,
Choice is an Illusion,
Seattle, Washington