But there just simply has to be some firm guideline. As I said, I would leave it to the doctor's discretion, acting in consultation with the patient and the family, in how to proceed to treat pain, even if that decision had the unintended consequence of killing the patient, so long as the intent is to treat pain and not kill the patient. Moreover, I would presume the good-faith of the doctor (even in cases where the patient died) that he was acting and intending to treat pain, not cause the death of the patient.Ursus A. Horribilis wrote:JJ, I can't argue the legal merits of this and I want you to understand that this is not what I'm doing in spite of how this may look. On a philosophical level though if the two parties in question are in agreement that this is the best way to have a compassionate ending for the patient whether it be through drugs or through a machine that does the job in a humane fashion I just can't see why this shouldn't be a contract or procedure that ought to be recognized as something other than murder. I don't think I'm alone or even that you wouldn't agree that this is a pretty loose definition of murder and does not strike at the spirit of the definition.JoltinJoe wrote:
Because doctors are supposed to treat patients and pain ... not intentionally kill their patients.
There's a lot of doctor can do in order to treat pain in a terminal patient. Often, in treating pain, the doctor may prescribe some drug which turns out to have a lethal effect. We should leave it to the discretion of the doctor, working in consultation with the patient and the family, on how to proceed in such cases when the administration of pain medication to treat pain may also have a lethal effect. We should presume that the doctor is not intending to kill the patient, but is rather trying to treat pain, and trust in his good faith and medical judgment.
But there's a huge difference between what is discussed above and setting out intentionally to kill a patient. Setting up some machine to provide a person with a lethal dosage of carbon dioxide is not the practice of medicine -- it is murder. Euthanasia -- intentionally setting out to kill the patient -- is likewise murder.
Of course, that permits a doctor to "mask" his intention sometimes. We have to live with that, because proving an actual intent to kill in such circumstances would be difficult and it is, of course, virtually impossible to second-guess the medical decisions of the doctor.
But the example above of leaving lethal pills next to a patient is excruciating pain -- that's a prosecutable offense.
Creating a machine so that a terminal patient can inhale carbon monoxide (like Kevorkian did) -- that's not even the practice of medicine. IMO, he got off light.








