Physician Assisted Suicide: Legalization and Prohibition

This paper discusses the arguments for and against the legalization of physician assisted suicide. It covers the reasons why PAS should be legalized and why it should be prohibited. The main purpose of PAS is to heal the pain of a patient whose medical treatment and revival are not possible. PAS should be made legal in countries, as this is necessary in some cases where the condition of patients is hard to see for everyone. However, PAS is not reversible and can put a negative impact on the culture and value of societies.

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Running Head: BUSINESS AND CORPORATION LAW 0
Introduction to law and its study
7/27/2018
Student’s Name

INTRODUCTION TO LAW AND ITS STUDY
1
In order to evaluate the consideration related to the subject, it is necessary to understand the
meaning of “Physician Assisted Suicide” First. Physician assisted suicide is a kind of painless
suicide by a patient who is suffering from a terrible pain and is not able to bear the same
anymore. Such suicide is required to be done with the assistance of a Physician1. This assistance
can be direct as well as indirect. Physician Assisted Suicide is similar to the term “Euthanasia.”
The lead reason of Physician Assisted Suicide (hereinafter referred as “PAS,” is a situation
where a patient is either too old or has a disease due to that he/she is not supposed to alive
anymore. Whether PAS is required or not, this fact depends on the circumstances of the case.
This is to mention that in PAS, physician provides all the means and helps the subjective patient
in order to help his/her to do voluntary suicide. The sole objective of PAS is to make a patient
free from undesirable pain. In most of the cases, it has noted that PAS has given when the patient
was on his/her deathbed. PAS is not a concept related to a specific nation but it is a well-known
aspect of western countries and people are used to medically practice this for ages2. Opinions and
evaluation are different on this subject. Due to some reasons, PAS looks to be desirable and for
some of the reasons the same demands prohibition. This paper is focused on both of the aspects
and covers the argument on both of the sides such as for what reason “PAS should be legalized”
and for what reason “PAS should be prohibited.”
In many of the places in the world, the right of death is legal, but the issue is to check that
whether the same should be legalized or not. There are many reasons that the PAS should be
legal. Firstly, the purpose of PAS needs to understand here. The main purpose of this practice is
1MedicineNet.com, (2018). “Medical Definition of Physician-assisted suicide” [Online]. Available:
https://www.medicinenet.com/script/main/art.asp?articlekey=32841 [2018, July].
2 Discover society, (2018). “Assisted Dying – What It Is, Where It’s Practised, And What The Future Might Hold”
[Online]. Available: https://discoversociety.org/2018/02/06/assisted-dying-what-it-is-where-its-practised-and-what-
the-future-might-hold [2018, July].

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to heal the pain of a patient whose medical treatment and revival are not possible. When a person
cannot be treated anymore and his/her death is almost certain then there is no benefit to letting
such a person tolerate the pain continuously3. Although, PAS is similar to euthanasia, yet there is
some difference in both of these terms. Unlike the euthanasia, in PAS, doctors, and physician
does not work directly, they only give their assistance to the patient to end up his/her life4. In
different countries, rules related to PAS are different, for instance in Vermont, state of the US,
only licensed physicians are allowed to give the prescription PAS5. According to a series of
articles published by BMJ, it has held that sound mind people who are near to death and want to
end their lives can ask for the PAS. In California and Canada, the government has legalized
medically assisted death6. Although several states have accepted this concept yet in many of the
states PAS is not legalized Following are the arguments cause of that such death should be held
legalized:-
Issues that Patient faces: - PAS become necessary in those cases where the patient is no longer
remaining in the position to suffer the pain. Many of the times, patients suffer from the loss of
dignity. Further, they also have emotion and feeling of burden over their relatives and friends7.
No one wants to live in a situation where his/her health makes the love one trouble. In Oregon, a
study of a patient who asked for PAS has shown that the previously mentioned reason is the
3C. Zukowski, (2018). “Physician assisted suicide should be legalized” [Online]. Available:
http://www.jhunewsletter.com/article/2014/04/physician-assisted-suicide-should-be-legalized-78485/ [2018, July].
4 The World Federation of Right to Die Societies, (2018). “Is physician-assisted suicide the same as euthanasia?”
(2018) [Online]. Available: https://www.worldrtd.net/qanda/physician-assisted-suicide-same-euthanasia [2018,
July].
5CCN Library, (2018). “Physician-Assisted Suicide Fast Facts” [Online]. Available:
https://edition.cnn.com/2014/11/26/us/physician-assisted-suicide-fast-facts/index.html [2018, July].
6BMJ, (2018). “Case for assisted dying “stronger than ever” says The BMJ” [Online]. Available:
https://www.bmj.com/company/newsroom/case-for-assisted-dying-stronger-than-ever-says-the-bmj/ [2018, July].
7 Thomas D G Frost, Devan Sinha and Barnabas J Gilbert, “Should assisted dying be legalised? Philosophy, Ethics,
and Humanities in Medicine. Vol. IX, No. 3 (January, 2014), 2.

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main forces behind the request of PAS. PAS should be made legal in countries, as this is
necessary in some cases where the condition of patients is hard to see for everyone.
Duty of Physician: - In general, it is the duty of Physician to provide the best medical treatment
to the patient and do to the things in the best interest of the same but in some of the cases, where
patients lie in the critical situation, the physician cannot provide the best treatment to him/her.
Then in such situation, it becomes necessary for the doctors too to let the patient over the bed
without providing any treatment. In conjunction with being a doctor, a physician needs to
consider the interest of all the patients, and sometimes health of one patient affect the health of
other patients, for this reason, they have to provide their assistance in PAS. Without legal
authority, doctors cannot do so and fail to perform in the best interest of the patient i.e. providing
PAS in some cases.
To seek Right of Voluntary Suicide: - One should have right to decide the quality and duration
of life8. A patient who does suffer from pain and wants to end his/her life would be required to
have a right to voluntary suicide. If PAS will not be legalized then a person will not be able to
ask for the same. Without having a legal recognition, the request of PAS is a crime. A person
who is already in an unbearable pain wants to end up with his/her life is not supposed to fall in a
condition where he has to face the courts cause of commitment of a crime. Hence, this is to state
that in order to grant a freedom to end the life, PAS must be held legal.
Cost Saving: - By allowing and legalizing the PAS, cost saving can be done9. As mentioned
earlier that the situation of PAS arises where there are no chances left for the survival of a
8 K. Croker, (2013). “Why Euthanasia and Physician-Assisted Suicide are Morally Permissible” [Online]. Available:
https://fsu.digital.flvc.org/islandora/object/fsu:209906/datastream/PDF/view [2018, July].
9 J. Smart, Disability Across the Developmental Life Span: For the Rehabilitation Counselor (New York: Springer
Publishing Company, 2011), 449

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patient. There is no benefit to spend a huge amount of money on the health and treatment of such
patient. In a situation where doctors cannot save a person from death and death is almost certain,
then there would a total waste of money on the treatment and hospitality of such person10.
Further, efforts of doctors can also be saved by PAS in such cases. This fact cannot be ignored
that a number of doctors are less and limited in comparison to the number of the patient. By
providing PAS to some of the patients who are not supposed to live more, one can save the
human resources i.e. efforts of doctors as well. Rest of the patients can get better treatment as
they have the possibility to revive. In this way, the demand of doctors will diminish and fees of
the same will also get down due to demand-supply rule.
Religious Reasons: Who does not want a peaceful death? Life is considered related to the soul
in most of the religion. For once not to talk about the doctors and family members, but in such a
situation the lead two are Patient and God. When a person is about to die, he, /she can see his/her
coming end. According to the Holy Bible, a person has the right to die with peace and dignity 11.
There is no benefit to let the patient feel pain when no remedy is available there. During the last
few days of his/her life, everyone wants to live in peace, want to know the meaning of life and
for that, the happiness of soul is a most required thing. According to Buddhism, the way a life
ends, decide the way and quality of new life. Hence, it is not at all a wise decision to let the
patient in pain and this is the reason for that PAS should be legalized.
As there are arguments in the favour of PAS, similarly, some point are also there that
demotivates this practice. As mentioned earlier that PAS is not legalized in most of the countries.
10 M. P. Battin, R .Rhodes and A. Silvers, Physician Assisted Suicide: Expanding the Debate. (Oxon: Routledge,
2015) 319
11 C. J. Treat, (2016). “I’m a Christian With Stage IV Cancer. I Want Death With Dignity” [Online]. Available:
http://time.com/4445019/christian-death-with-dignity/ [2018, July].

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Although in those countries where PAS is not legal, people have strike so many times to avail of
this right. There are so many points to argue on the point that for what reason PAS must be
prohibited. As discussed in the previously mentioned heading that PAS should he held legal, in
the given discussion points are highlighted that support, prohibition of this aspect. It is to
understand that a person who is on his/her deathbed, suffering from extraordinary pain is not
expected to tolerate the same with a happy face but suicide is not an option. The ending of life is
a big decision, it is not reversible. There can be a thousand reasons to commit suicide but one
needs to find the reason to not to do so. Further, Physicians are not paid to give ideas and
assistance for suicide to their patients. Their duty is to treat their patients not to give the
assistance in killing them. Following are the arguments in favor of prohibition of PSA.
Threat to Culture: - PAS is a concept where a person wants to end his/her life because he/she is
no longer able to bear the pain. In such a situation, families and relatives come together and see
their loved one dying. This put a negative impact on the culture as well as the value of the
societies12. A society and culture teach to be with the dear ones in the time of sorrow but PAS is
just opposite to it. It shows that for the family members, relatives, and friends, a person is
nothing apart from a burden13. It gives an unsocial message to the coming generation where they
will also not help their friends and family member in the time of poor health but instead would
suggest PAS to them. Society and surroundings are the first teachers of a child and this factor
cannot be ignored. One case of PAS in the society would lead another four if held legalized. This
will create an issue and in those cases where the patient does not want to end his/her life, his/her
12 Opinion DP, (2016). “How physician-assisted suicide affects the rest of society” [Online]. Available:
https://www.denverpost.com/2016/06/25/physician-assisted-suicide-affects-society/ [2018, July].
13 R. T. Andersone, (2015). “Physician-assisted suicide is always wrong” (2015) [Online]. Available:
https://www.newsweek.com/physician-assisted-suicide-always-wrong-317042 [2018, July].

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relatives can provoke such person to request for PAS. This is one of the major reasons for that
PAS should not be legalized and the same in fact must be held prohibited.
Immoral: - In addition to being illegal, PAS is immoral also. As it is very general that a doctor’s
job is to save the lives of his/her patient not to help and assist them to end the same. At the time
of taking the degree, doctors take an oath to put all efforts to save the life of a patient but by
adopting the way of PAS, a doctor often breaches this oath. This is sad but true that the doctor
fails to fulfill their duties. While applying for the license, a doctor takes an oath stating that I will
not give poison to anyone and will not suggest it is used to anyone. There is no benefit to taking
such oath if doctors do not adhere to follow the same. Although it is expected from, a doctor to
work in the best interest of the patient but assisting the same in suicide can never be the best
interest14. Further, an act of PAS is not correct either in eyes of law or in the opinion of ethical
values. It corrupts the entire profession of doctors. A physician who practices PAS, soon lose the
faith of patients. Out of 100, hardly 10 people can be there who wants to end their lives by
themselves with the help of PAS. In such a situation, a doctor’s act put an adverse impact on the
rest of the 90 patients. It leads an issue of trust among the community of patients.
Religious Reasons: - Where some of the religion focuses on a peaceful death, other do focus on
a natural death. Artificial death is considered as evil in most of the religion. God gives life to
everyone; the God also decides when it should be end. A human, whether the patient him/herself
or a physician is no one to decide the time of death. Death is an important element with that a
religions deal. Every religion somewhere consists of this aspect. The Roman Catholic Church
is the most active organization in against of PAS15. The basic logic behind such forbidden is
14 T. Preston, Doctor, Please Help Me Die (Bloomington: iUniverse, 2013) 61.
15 BBC, (2018). “Religion and euthanasia” [Online]. Available:
http://www.bbc.co.uk/ethics/euthanasia/religion/religion.shtml [2018, July].

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suicide is similar to killing. No matter that whose life is ending and who is doing so, if any
person is ending a life directly or indirectly, then he/she will consider as a killer and no religion
has any place for killers. Religions believe that human’s lives are precious amongst all the
creatures. Value of the same cannot be determined by the quality of such life. Hence, this is to
state that there is no point to male PAS legal.
Other Reasons: - In conjunction with aforesaid reason, some other reasons are also there that
discourage the practice of PAS. PAS delivers a wrong message such as life is not worth living.
Further, legalization of PAS encourages more and more suicide and killing in the society16. It
also motivates those people to commit suicide who may be wanted to live their lives at the very
first instance. In addition to this, there is no strong reason for legalization of Physician Assisted
Suicide as other options are also available there.
After reviewing the points related to Legalization and Prohibition of Physician Assisted Suicide,
this can be concluded that the case for Prohibition of PAS is stronger. There are many other ways
by that a patient can feel relief. He/she can move to the motivational classes, can take better
medicine, or can spend his/her rest of the life living with his/her friends and relatives with love
and joy. Ending of a life cannot be an option ever and the same cannot be legalized, as it would
dismiss the provisions and purpose of the current law. Suicide is a crime under criminal law and
Physician assisted suicide a kind of suicide and killing. There are several reasons for that PAS
should be legalized but some reason that is also there that argues for prohibition of the same.
Law is superior and cannot be altered in order to provide relief to some of the people. PAS is a
16 Abilash A. Gopal, “Physician-Assisted Suicide: Considering the Evidence, Existential Distress, and an Emerging
Role for Psychiatry,” Journal of the American Academy of Psychiatry and the Law, Vol. 43, No. 2 (June, 2015),
183-190.

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social evil and the same will diminish the social values and morality soon. As mentioned earlier
PAS will reduce the level of trust in doctors and will finish the genuineness of the profession. In
order to provide an opinion or a result, this is to state that PAS should never be legalized and the
same must be prohibited on higher priority.

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Bibliography
Books/Journals
Abilash A. Gopal, “Physician-Assisted Suicide: Considering the Evidence, Existential Distress,
and an Emerging Role for Psychiatry,” Journal of the American Academy of Psychiatry and the
Law, Vol. 43, No. 2 (June, 2015), 183-190.
J. Smart, Disability Across the Developmental Life Span: For the Rehabilitation Counselor (New
York: Springer Publishing Company, 2011), 449
M. P. Battin, R .Rhodes and A. Silvers, Physician Assisted Suicide: Expanding the Debate.
(Oxon: Routledge, 2015) 319
T. Preston, Doctor, Please Help Me Die (Bloomington: iUniverse, 2013) 61.
Thomas D G Frost, Devan Sinha and Barnabas J Gilbert, “Should assisted dying be legalised?
Philosophy, Ethics, and Humanities in Medicine. Vol. IX, No. 3 (January, 2014), 2.
Other Resources
BBC, (2018). “Religion and euthanasia” [Online]. Available:
http://www.bbc.co.uk/ethics/euthanasia/religion/religion.shtml [2018, July].

INTRODUCTION TO LAW AND ITS STUDY
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BMJ, (2018). “Case for assisted dying “stronger than ever” says The BMJ” [Online]. Available:
https://www.bmj.com/company/newsroom/case-for-assisted-dying-stronger-than-ever-says-the-
bmj/ [2018, July].
C. J. Treat, (2016). “I’m a Christian With Stage IV Cancer. I Want Death With Dignity”
[Online]. Available: http://time.com/4445019/christian-death-with-dignity/ [2018, July].
C. Zukowski, (2018). “Physician assisted suicide should be legalized” [Online]. Available:
http://www.jhunewsletter.com/article/2014/04/physician-assisted-suicide-should-be-legalized-
78485/ [2018, July].
CCN Library, (2018). “Physician-Assisted Suicide Fast Facts” [Online]. Available:
https://edition.cnn.com/2014/11/26/us/physician-assisted-suicide-fast-facts/index.html [2018,
July].
Discover society, (2018). “Assisted Dying – What It Is, Where It’s Practised, And What The
Future Might Hold” [Online]. Available: https://discoversociety.org/2018/02/06/assisted-dying-
what-it-is-where-its-practised-and-what-the-future-might-hold [2018, July].
K. Croker, (2013). “Why Euthanasia and Physician-Assisted Suicide are Morally Permissible”
[Online]. Available: https://fsu.digital.flvc.org/islandora/object/fsu:209906/datastream/PDF/
view [2018, July].
MedicineNet.com, (2018). “Medical Definition of Physician-assisted suicide” [Online].
Available: https://www.medicinenet.com/script/main/art.asp?articlekey=32841 [2018, July].

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The World Federation of Right to Die Societies, (2018). “Is physician-assisted suicide the same
as euthanasia?” (2018) [Online]. Available: https://www.worldrtd.net/qanda/physician-assisted-
suicide-same-euthanasia [2018, July].