Question
For years, Mrs Bateman, an 85-year-old lady, has experienced severe, agonising pain due to rheumatoid arthritis. Dr Smith has been her treating doctor for the
For years, Mrs Bateman, an 85-year-old lady, has experienced severe, agonising pain due to rheumatoid arthritis. Dr Smith has been her treating doctor for the last 23 years and promised Mrs Bateman he would not allow her to suffer. After many unsuccessful pharmacological and non-pharmacological pain interventions, Mrs Bateman begged Dr Smith to end her suffering. After careful consideration, Dr. Smith visited Mrs Bateman at her home and administered a large dose of potassium chloride. Mrs Bateman died shortly after. Voluntary assisted dying has been available in Queensland from 1 January 2023.
The Voluntary Assisted Dying Act 2021 (Qld)99 (VAD Act) and Voluntary Assisted Dying Regulation 2022 (Qld) (VAD Regulation) provide the framework for the voluntary assisted dying scheme in Queensland, including who may access the scheme and the process which must be observed. The concept of 'voluntary assisted dying', as reflected by the provisions of the VAD Act, emphasises that: decisions to request, access and continue with the voluntary assisted dying process must be voluntary and without coercion; and the process is assisted by authorised medical practitioners, nurse practitioners and registered nurses; and to be eligible, the person must be suffering and dying and must meet all the eligibility criteria set out in the VAD Act. To access voluntary assisted dying, a person must make the decision themselves and have decision-making capacity at certain points throughout the process. This means a request will not be valid if: a person requests voluntary assisted dying in advance care planning documents; a substitute decision-maker or other person requests voluntary assisted dying on behalf of another person.
Questions:
- How would you apply the principles of euthanasia and assisted suicide to this scenario? What are the ramifications under Queensland-based law? Write in 200 words.
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