Business Law: Assisted Dying, Care Plans, and Melissa's Case Analysis

This report delves into the complex landscape of assisted dying within the framework of business law, specifically focusing on the legal and ethical considerations surrounding end-of-life care. The paper begins by defining assisted dying (euthanasia) and its historical context, emphasizing the shift towards recognizing the right to choose the time and manner of death for individuals suffering from terminal illnesses. It thoroughly examines the Voluntary Assisted Dying Act 2017 in Victoria, Australia, detailing its provisions, eligibility criteria, and the roles of medical practitioners and review boards. The report further explores palliative care, advance care planning, and end-of-life care as crucial components in supporting terminally ill patients. It presents Melissa's case, a 37-year-old woman with stage 4 bowel cancer, to illustrate the practical application of these concepts, including recommendations for advance care planning and the decision-making process regarding assisted dying. The analysis considers the patient's circumstances, family dynamics, and the available support systems, offering a comprehensive perspective on the interplay of legal, ethical, and practical aspects of end-of-life choices.

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

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In accordance to the theories of humanism every human being has their right to
choose the time and place of their death with autonomy and dignity (Humanists Australia,
2019). A person who is terminally ill, suffering from an incurable disease and waiting for a
unpleasant and slow death would not be unreasonable if he seeks a faster and more dignified
death by medical assistance. Such a decision is supported by humanists who confer freedom
and dignity to a dying person along with a right to end his life on his own terms (Williams,
2016). The state of Victoria has legislated legislation in regard to assisted dying or suicide in
Australia. There have been campaigns and movements in order to change the traditional
stringent laws in order to introduce the concept of assisted dying and subsequently made
regulations for assisted dying laws in Australia. Social scientists and researchers have argued
that if a person does not have a right to choose whether he wants to live or not, then in that
case it should be regarded as a duty to live and the term right should be removed
(Dwdv.org.au, 2019). In the light of this notion, this paper would discuss that a person
suffering from a terminal disease must be given the right to determine his choice of time and
place to die. However certain type of care methods that are implemented on terminally ill
patients seeking assisted suicide is also discussed in relation to the person's decision to live.
Assisted Dying
Euthanasia or the right to die is synonyms with the concept of assisted dying or
suicide. The concept of assisted suicide has been defined by World health organisation as a
person killing himself on purpose by seeking the help of another, someone who is authorised
or has the means to assist the victim (Culbert, 2019).. The concept of assisted dying was
embraced by positivists and humanists by pointing out that the right of dying would help
people who have been suffering from terminal illness which is incurable yet does not
guarantee a swift and painless death (Martin, 2019). The state of Victoria took the initiative
to legislate the first voluntary assisted dying law in 2017, which would benefit the victims of

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immense pain and incurable illnesses to request for an assisted death before an appropriate
authority. The Health Minister of Victoria Jenny Mikakos is of the view that the legality of
assisted dying would give access to the deserving people to end their life happily with
dignity, who are in need of compassionate end of life care (Martin, 2019).
The Voluntary Assisted Dying Act 2017
The Voluntary Assisted Dying Act 2017 (Victoria) allows people to apply for an
assisted death who are suffering from progressive, advance and incurable diseases, expected
to die within 6 months, provided that they must get their condition assessed by two doctors at
the time of applying for assisted death. The person seeking access to assisted death has been
directed to communicate with health workers regarding their intentions and the reason behind
such intention. Medical practitioners are being given special training to perform the act of
medically induced death. The legislation puts certain conditions to assess the applications of
patient seeking assisted death, like: the patient is required to be above 18 years old, must be a
citizen for permanent resident of Australia and must be having a sound mind to take the
decision of assisted dying on his own. The application of the patient shall be scrutinized by
an independent review board along with intimation to the state coroner regarding the
application and the details of the assisted dying (Martin, 2019).
Oppositions from the Catholic bishops endured who have pointed out the movement
as the facilitation of suicide motivated by empathy (Martin, 2019). The catholic bishops have
not only I said no to voluntary assisted dying but also preached a way of life that renders it
unnecessary to encourage voluntary assisted dying. Victaulic health Australia an organisation
that helps seriously and deceased people has put forwarded that if the people under their care
wish opt for voluntary assisted dying, would neither be encouraged nor impeded; they would
be released from their care facility and transferred to the family members or any other health
service facility (Peisah, Sheahan & White, 2019). Therefore it could be understood that not

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all organisations or institutions have welcomed assisted dying with open hand; it has received
a mixed reaction and applause from a particular section of the society, people who are
suffering from terminally-ill medical condition and the family members of such victim. With
popular movements and campaigns, the Government of the state of Victoria came up with the
Voluntary Assisted Dying Act 2017 along with certain kinds of method of care that strives to
improve the living condition of the patient into the time they live
(Advancecareplanning.org.au, 2019).
Palliative care
Palliative care is a special form of medically assisted care that involves the patients
and his family members in order to assist them from the situation they are going through.
Palliative care workers strive to provide a comfortable life to the victims whose days are
numbered due to their life limiting illness. Birthday of palliative care the patients are offered
the following kinds of services: a) assisting patients and their families for them to come
together for discussing and taking necessary steps for the critical condition of the patient; b)
taking necessary actions for relieving the pain and other sufferings of the patient; c) helping
the family of the patient to source equipment that could be used for providing home based
care facility for the patient; d) supporting the families with counselling; e) providing the
patient and their families with different kinds of care facilities for different kind of assistance
that the patient may need.
The main importance of palliative care is providing a quality life to the patients
suffering from life limiting illnesses, which needs a little comfort and compassion before the
slow and painful death relieves their ongoing pain. Palliative care organisations have pointed
out the terminal diseases as cancer, dementia, motor neuron diseases, lung diseases, and last
stage kidney diseases. A patient still receiving treatment could also off for palliative care as

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an additional help to cope up with the harsh side effects and mental trauma of the treatment
and the disease.
Advance care planning
Advance care planning miscarriage on between the patients, their family members and
healthcare professionals regarding the ongoing as well as future health care plan of the
patients so that the patients along with their family members could lead a better life (Detering
& Silveira, 2017). Advance career planning helps to show the patients and their family
members a logical and reasonable direction when they are not capable to choose one, under
poor state of mine. Unlike end of Life care, advance care planning could be opted at any
stage by terminally ill patient in order to discuss his stress and anxiety related issues along
with physical and mental issues (Thomas, Lobo & Detering, 2017). The importance of
advance care planning is to help the patient plan their treatment and other important
procedures that they are going through. This kind of healthcare facilities has proved to be
beneficial, both for the patient and his family.
Advance career planning is a process that plants about the ongoing as well as future
healthcare plan of the patient by prioritising their moral values and beliefs. Usually advance
care planning is seeked by patients suffering from advanced chronic diseases which is
progressive, advance and incurable, like cancer, dementia, lung failure, kidney failure, et
cetera. Unique characteristic of advance care planning is is appointing a substitute decision
maker who makes the important life decisions for the patient when the patient is incapable to
take such critical decisions for himself. The substitute decision maker is appointed by way of
a statutory document by completing relevant paperwork and given the responsibility to take
all important decisions on behalf of the patient (Johnston, 2012). A substitute decision maker
are usually people who are authorised by the Voluntary Assisted Dying Act 2017, in the
absence of an authorised substitute decision maker, a person from the family members of the

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patient could be e appointed as decision maker of the patient, regarded as the carer or
guardian of the patient (Www2.health.vic.gov.au, 2019). The decisions taken by the
substitute decision maker usually depends on the substituted judgement or the best interest of
the patient. Many Australian States legislations that support the appointment of a substitute
decision maker by way of a statutory document. In Victoria, Australia the substitute decision
maker is is called the Medical Enduring Power of Attorney (Beardsley, Brown & Sandroussi,
2018).
End of Life care
There are not many differences between palliative and end of Life care, the former
being applicable in all stages of an illness while the latter is only opted for at the last few
days week or month in the life of a terminally ill patient. The main focus of end of Life care
is to give the maximum support to the patients and their family members in the last few
remaining days of the patient by providing comfort and certain other beneficial acts for the
patients (Richards & Coggon, 2018). There are complaints that hospital and care facilities do
not provide quality assistance to the patients and therefore in such case the patient feels left
out and ignored in their last few days. In this regard the Australian Commission on safety and
Quality in Healthcare, a healthcare based organisation has come for what to provide End of
Life care facilities to the patients and their families by way of a number of different kinds of
actions. Both end of life care and palliative care has listed down the kinds of care providers
which include: medical practitioners, specialist, psychologist, physiotherapies, caregivers,
social, nurses, different kinds of therapists and volunteers (Clarke, 2017).
Melissa’s Case
The principles and information gathered regarding a person's choice to determine his
time and place of death along with the supportive information about the different care plans

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and the legislative framework that supports assistants dying, it could be deduced that Melissa
could be e allowed to apply for and assisted death under the voluntary assisted dying act 2017
provided that she meets all the criteria as discussed above. To analyse her case, it could be e
seen that she’s a 37 year old woman and a mother of two, suffering from a stage 4 bowel
cancer. She had a acrimonious separation from her husband Daniel and since then she is the
caregiver for her children. In this situation it is recommended that Melissa should I opt for an
advance care planning and appoint a substitute decision maker for herself in order to
safeguard the safety of for children, for that matter or she could hand over the custody of the
children to Daniel who lives nearby. In this physical and mental condition, Melissa would be
requiring a palliative care as she is living all alone with her children away from her own
parents living in Queensland, who you are both suffering from various other diseases and not
fit enough to travel to Victoria and support Melissa.
As known from the case study, Melissa has shown interest for the advance care
planning which is highly encouraged for her, in her situation. As for her decision about
determining the time and place to die, she should consult the matter with substitute decision
maker and palliative care giver about the pros and cons of her choice and ultimately narrow
down to a firm decision. Melissa fits the criteria of the assisted dying legislation which
recommend that people suffering from a progressive, advance and incurable disease, who is
expected to die within a time frame of 6 months could apply for assisted dying. In this regard
Melissa should be communicating about her choice to determine the place and time of a death
with health workers.

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References
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care-workers/legal-requirements
Beardsley, C., Brown, K., & Sandroussi, C. (2018). Euthanasia and surgeons: an overview of
the Victorian Voluntary Assisted Dying Act 2017 and its relevance to surgical
practice in Australia. ANZ journal of surgery, 88(10), 956-958.
Clarke, R. V. (2017). Suicide: closing the exits. Routledge.
Culbert, J. L. (2019). A Death of One’s Own: Literature, Law, and the Right to Die.
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Humanists Australia. (2019). Dying with Dignity — Humanists Australia. Retrieved 16
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Martin, L. (2019). Assisted dying explained: Victoria's new laws, the safeguards and the
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