Euthanasia – An Overview with Indian and
Nursing Perspective
E. Devakirubai1* and Dr.
Angela Gnanadurai2
1Doctoral Student and
Professor, Sacred Heart Nursing College, Madurai.
2Vice Principal, CSI College
of Nursing, Karakonam
*Corresponding Author Email: devavidhu2003@yahoo.co.in
ABSTRACT:
Globally
and in India the number of terminally ill patients has increased sharply due to
increase in the incidence of Non Communicable Diseases. Quality palliative care is an important
concern for the health care professionals.
There are many ethical issues revolving End-of-life care. One such controversial issue is euthanasia
and Physician Assisted Suicide (PAS).
Views on euthanasia differ from religion to religion. There are many arguments for and against
euthanasia. Very few countries in the
world have legalized euthanasia, PAS or both.
India has become a step closer in legalizing passive euthanasia through
the recent honorable Supreme Court judgment in the Aruna
Shaunbag Case.
The role of a physician in euthanasia or PAS is already a well-known
fact. Even though nurses
role in this is still unclear, few nurse clinicians / researchers have already
stressed the important role nurse’s play in assessing and assisting with
euthanasia and PAS.
KEY WORDS: Terminally
ill patients – euthanasia - PAS – India – Nurse’s role.
INTRODUCTION:
With the incidence of Non Communicable Diseases on the
rise, the numbers of terminally ill patients are also increasing both globally and
in India. There is an urgent need in our
country to strengthen palliative care services. Dealing with death and dying
(which includes requests for euthanasia) is an integral part of the practice of
medicine. Health care providers are confronted
daily with ethical issues related to end-of-life care. One of the most emotionally wrenching and
contentious issues is that of euthanasia.
Often, discussion about this difficult topic is polarized, leaving
patients, families, and clinicians lacking in guidance. Nurses need to be well versed on the issue
of euthanasia. Patients and families
often ask nurses about information regarding aid–in–dying. In several clinical settings, nurses also
requested to participate in this practice.
Without adequate understanding of the ethical and legal implication of
assisted death, nurses risk engaging in practices that violate their
professional and personal ethics, as well as practices that are illegal (Ersek, 2004)1.
DEFINITIONS OF TERMINOLOGY
The English philosopher Sir Francis Bacon coined the
phrase “euthanasia” early in the 17th century. Euthanasia derived form the Greek words ‘eu’ and ‘thanatos’,
means literally a ‘good death’. In
contemporary society, this literal interpretation of a good death has changed
to mean ‘mercy killing’ (Holt, 2003)2.
Euthanasia is the intentional killing
by act or omission of a dependent human being for his or her alleged
benefit. Active Euthanasia (euthanasia by action) is intentionally causing a
person’s death by performing an action such as giving a lethal injection. Passive Euthanasia (Euthanasia by omission)
is intentionally causing death by not providing necessary and ordinary
(usual and customary care) i.e., it involves not doing something to prevent
death. Voluntary Euthanasia refers
to when euthanasia occurs with the fully informed request of decisionally competent adult patient or that of their
surrogate. Involuntary Euthanasia is said to occur when a patient is killed
against his will. Non-voluntary Euthanasia refers to
ending the life of a person who is not mentally competent, to make an informed
request for death. Assisted Suicide refers to making a means of suicide (e.g.,
providing pills) available to a patient with the knowledge of the patient’s
intention to kill himself or herself (www.euthanasia.com)3.
ARGUMENTS IN FAVOUR OF AND
AGAINST EUTHANASIA4
(Working Group of the
Directorate of Social Issues, 2008)
RELIGIOUS VIEWS ON EUTHANASIA
Most
Buddhists are against involuntary
and voluntary euthanasia. Christians believe
that life is a gift from God, therefore no human being
has the authority to the life of any innocent person, if they want to die.
There are two Hindu views on
euthanasia. i) By helping to end a painful life, a
person is performing a good deed and so fulfilling their moral obligations, ii)
By helping to end a life, a person is disturbing the timing of the cycle of
death and rebirth. This is a bad thing
to do, and those involved in euthanasia will take on the remaining karma of the
patient. Muslims are against
euthanasia. They believe that human life
is sacred because it is given by Allah, and that Allah chooses how long each
person will live. Human beings should
not interfere in this. Sikhs have a high respect for life
which they see as a gift from God. Most Sikhs are against euthanasia, as they
believe that the timing of birth and death should be left in God’s hands
(www.bbb.co.uk)5.
RESEARCH ON ATTITUDES TOWARDS EUTHANASIA
Health professionals
Curlin
conducted a National Survey among 2000 practicing US physicians revealed that
31% of them had no objection to PAS, 82% had no objection to terminal sedation
and 95% had no objection to withdrawal of life support. In another survey of 3,299 oncologists
researchers found that 22.5% supported the use of PAS and 6.5% the use of
euthanasia for a terminally ill patient with unremitting pain; 56.2% ‘had
requests’ for PAS and 38.2% for euthanasia during their career; and 10.8% had
performed PAS and 3.7% had performed euthanasia during their career 6.
Several
surveys have documented that nurses in diverse geographic and clinical settings
receive requests for aid in dying. Asch
reported that approximately 17% of the 852 critical care nurses who responded
to an anonymous mailed survey said that they had received requests form patients or family members to perform euthanasia or
assist in suicide7. Matzo and
Emanuel mailed anonymous surveys to a random sample of 600 registered nurses
who were Oncology Nursing Society members.
Thirty percent of the 441 respondents reported that they had received at
least 1 request for assisted suicide and 25% indicated that they had received
at least 1 request for euthanasia8.
In Oregon, approximately 40% of hospice nurses responding to a
questionnaire stated that they had cared for a patient who had explicitly
requested assisted suicide since November 1997 when the death with dignity act
went in effect9.
Public Opinion Polls / Surveys
In
a public opinion poll on euthanasia conducted by Gall up organization between May 8th–11th 2006 surveyed
1,002 adults. The results revealed that
69% or the samples believed that doctors should be allowed by law to end
patient’s life by some painless means. Helme reported that polls carried out as part of larger
surveys, putting the same questions to comparable population samples over a
long period of time, demonstrated a definite shift in public attitudes in
several countries, with support rising on average from 50% in the 1960s to 80%
by the mid-2000s10.
Survey of terminally ill patients
Emanuel
et al (2000) in a survey of 988 terminally ill patients found that a total of
60.2% supported euthanasia or physician-assisted suicide (PAS) in a
hypothetical situation, but only 10.6% reported seriously considering
euthanasia or PAS for themselves.
Patients were more likely to consider euthanasia or PAS if they had
depressive symptoms, substantial care giving needs or pain11. Wilson
(2007) conducted a study with 379 patients across Canada receiving palliative
care for cancer on their desire for physician-assisted suicide and found that
63% of participants believed that euthanasia or PAS should be legalized and 10%
of participants believed that had the option been legally available, they would
have requested PAS12.
FACTORS WHICH MAY INFLUENCE A REQUEST FOR
EUTHANASIA13
Patient Factors
Pain
is not the only reason for terminally ill people to wish to hasten their
deaths. Symptoms which may make the
patient’s life unbearable and may not respond to palliative care, such as
persistent nausea, vomiting, double incontinence, fatigue, discomfort and
paralysis, may also influence a request for assisted death. Helme
asserted that a wish to die is often the result of mental illness. Psychiatric disorder such as depression,
anxiety disorder, delirium or adjustment disorder can affect decision making.
Carer Factors
Unrecognized and untreated psychiatric morbidity in carers, family members or health providers. Carer and professional fatigue, anxiety, depression or
despair may also impact on the patient.
Other Factors
A
request for euthanasia may follow a failure of one or more parts of the health
system to provide adequate care.
Inadequate medical, palliative or psychiatric care or support may
significantly influence a request for premature death.
Research on reasons for terminally ill
patients to request euthanasia:
Studies
by various researchers proved that euthanasia strongly correlated with pain,
low family support and depression (Chochinov et al)
14; pain, fatigue, loss of appetite and feeling sad (Mystakidou
etal) 15; loss of independence, concerns
about future pain and poor quality of life (Ganzini
et al) 16; heavy burden on their families (Saurez
– Almrzor et al) 6; and depressed mood
(Vander Ke et al) 17.
TABLE-1:
LEGALISATION OF EUTHANASIA/PAS IN DIFFERENT COUNTRIES18
|
Country |
Euthanasia |
PAS |
|
Belgium |
Legal in Sep, 2002 |
Legal since 2002 |
|
Colombia |
Unclear |
Illegal |
|
Germany |
Illegal |
Legal since 1751 |
|
Switzerland |
Illegal |
Legal since Jan, 1, 1992 |
|
Netherlands |
Legal since 2001 |
Legal since 2001 |
|
United States |
Illegal |
Legal in Oregon, Vermont, Washington, Montana |
|
Luxembourg |
Legal since 2005 |
Legal since 2005 |
|
India |
Legal since 2011 |
Legal since 2011 |
Table
I describes the legalization status of different countries in the world. In
April 2001, Netherlands charted out a new chapter in the history of legalizing
euthanasia when the Upper House of the country passed the Bill by a vote of
46-28. In 1996, the Northern Territory of Australia became the first
jurisdiction to explicitly legalize voluntary active euthanasia when it passed
the Rights of the Terminally III Act, 1996. The Federal Parliament of Australia
had subsequently passed the Euthanasia Laws Act, 1997 repealing the Northern
Territory legislation. In England, following a series of decisions of the House
of Lords it is now settled that a person has the right to refuse
life-sustaining treatment as part of his rights of autonomy and
self-determination. The House of Lords
has also permitted non-voluntary euthanasia in case of patients in a persistent
vegetative state. While active
euthanasia is prohibited, the courts have ruled that physicians should not be
legally punished if they withhold or withdraw a life-sustaining treatment at
the request of a patient or the patient’s authorized representative. Patients
in Canada have rights similar to those in the United States to refuse
life-sustaining treatments and formulate advanced directives. However, they do not have the right to demand
assisted suicide or active euthanasia. As of mid-1999, only one U.S. State,
Oregon, had enacted a law allowing physicians to actively assist patients who
wish to end their lives. On November 4, 2008 Washington becomes Second US State
to legalize physician assisted suicide. On December 5, 2008 – State of Montana, 3rd State in US
to legalize PAS. One more state that legalized PAS in the US is the
state of Vermont. On February 19, 2008 Luxemburg legalizes physician – Assisted
suicide and euthanasia. In 2002, Belgium legalizes euthanasia. The practice of
assisted suicide in Switzerland had led many people to believe that the
practice has been legalized in that country. That is not the case. There is an
important distinction between the Swiss situation and that of Oregon, the
Netherlands and Belgium where the law considers euthanasia and/or assisted
suicide to be “medical treatment”
REALITY OF EUTHANASIA IN INDIA:
In
India, euthanasia is a crime. Section
309 of the Indian Penal Code (IPC) deals with the attempt to commit suicide and
Section 306 of the IPC deals with abetment of suicide-both actions are
punishable. Only those who are brain
dead can be taken off life support with the help of family members. Likewise, the Honorable Supreme Court is also
of the view that the right to life guaranteed by Article 21 of the constitution
does not include the right to die. The
court held that Article 21 is a provision guaranteeing protection of life and
personal liberty and by no stretch of imagination can extinction of life be
read into it. However, various
pro-euthanasia organizations, the most prominent among them being the Death
with Dignity Foundation, keep on fighting for legalization of an individual’s
right to choose his own death.
A
major development took place in this field on 7 March 2011. The Supreme Court, in a landmark judgment,
allowed passive euthanasia. Refusing mercy killing of Aruna
Shaunbag, lying in a vegetative state in a Mumbai
Hospital for 37 years, a two-judge bench laid down a set of tough guidelines
under which passive euthanasia can be legalized through a high-court monitored
mechanism. The court further stated that
parents, spouses, or close relatives of the patient can make such a plea to the
high court. The chief justices of the
high courts, on receipt of such a plea, would constitute a bench to decide it. The bench in turn would appoint a committee
of at least three renowned doctors to advise them on the matter (Sinha, Basu and Sarkhel, 2012)19.
NURSES ROLE IN EUTHANASIA AND ASSISTED
DEATH
Nurses
play key roles in caring for people at the end of life. These roles involve
assessing and managing pain and other symptoms, addressing psycho-spiritual
needs, assisting patients and families in articulating their values goals and
beliefs that influence the decisions made at the end of life, discussing
treatment choices, and helping patients and families communicate their needs
and wishes for care of the end of life.
Unfortunately, there are fewer resources to provide direction regarding
euthanasia and assisted death. One
reason for the dearth of information is that much of the literature focuses on
the role of physician in assisted death.
Scanlon20 was one of the first nurses to address this important
issue. In several publications, she
elucidated 6 key actions in responding to patient’s requests.
Nursing actions in euthanasia
·
Dialoguing with
patients and families about treatment options and patient goals
·
Assessing the
patients decisional capacity including cognitive functioning and presence of
depression and spiritual distress
·
Evaluating the
integrity of the informed consent process
·
Witnessing and
documenting a formal request for assisted suicide
·
Remaining
physically and emotionally present when a patient chooses assisted suicide.
·
Facilitating the
death which includes physical assistance in helping the patient take the
medications. (e.g. crushing the medication and placing
it in apple sauce or placing the medication in the patients mouth or nasogastric tube may also include prescribing (in the case
of advanced practice nurses with prescriptive authority) medication or
delivering medications to the patients home.
CONCLUSION:
Euthanasia
continues to challenge hospice and palliative care professionals. It is an issue that provokes strong emotional
responses. Careful, reasoned reflection
must inform nurses’ personal convictions.
Enduring answers to this issue are elusive and may be altered with the
ever-changing socio cultural landscape. What should never alter, however, is
our commitment to approach our dying patients with open arms and minds and a
willingness to stay with them regardless of the suffering they may endure and
that we may witness21.
In
the end, we also would do well to remember the following words of Mahatma Gandhi:
“Death is our friend, the truest of
friends. He delivers us from agony. I do
not want to die of a creeping paralysis, of my faculties-a defeated man”.
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Received on 23.08.2013 Modified on 25.09.2013
Accepted on 11.12.2013 © A&V Publication all right reserved
Asian J. Nur. Edu. & Research 4(1): Jan.-March 2014; Page 56-60