TWO new Health Ministers have called for an overhaul of the law
on assisted suicide. But, away from the politicians, what does the
discussion sound like at the clinical coal-face?
I am at a governance meeting in a hospital, somewhere in
England, discussing a patient who has requested that his ventilator
be turned off. It is a sad story, but we are not here to grieve or
weep; we are here simply to decide whether it is legal to do so.
After discussion, the patient is deemed competent under the Mental
Capacity Act 2005, and, after due process, permission to die is
granted.
I turn to my doctor friend, surprised. "This is quite legal," he
reassures me. "Competent patients can refuse any treatment,
whatever the consequences, so long as they are fully informed. In
fact, to continue treatment after refusal could be construed as
assault."
"What if a patient is deemed not competent by the Mental
Capacity Act?" I ask over coffee and cake in the hospital
canteen.
"Then the doctor must act in his or her best interests," he
tells me. "The role of relatives is to help the doctor ascertain
what the patient would have wanted. It's not the relatives'
decision to stop treatment, although obviously you'd want them in
agreement with your course of action. Likewise, if a patient wants
to commit suicide, that, too, is legal."
"Hang on a moment," I say. "If suicide is so easy, why do people
need to go abroad to die?"
My doctor friend stares out of the window for a while, and then
replies. "Those are different cases. Such patients may be deemed
competent, and wish to die, but they're physically unable to do
this for themselves, and, crucially, they're not receiving
life-saving treatment which they could refuse."
I seek clarification. "So, just because they can't get their
hand to their mouth, everything's different?"
"Precisely," he says. "In that situation, it's illegal for
anyone, medical or not, to act with the prime intention of helping
them die. A doctor must not give treatment with the prime purpose
of shortening life. You can give a drug that you know will shorten
life, so long as its prime purpose is something else. It's called
the doctrine of 'double effect'. But that's why high-profile cases
have gone to Holland and Switzerland. Assisted suicide carries a
sentence of up to 14 years in this country."
"So that is the law," I say to my medical friend, as we stand in
the hospital car-park. "But what about your personal views?"
"Personally," he says, "I think assisted suicide is a very
reasonable request for some patients, but I'm in a minority. The
profession remains against it for various reasons, but the doctors'
own ethical and religious views are often quoted. Doctors with a
strong religious faith are usually against it. Sounds more like
good old-fashioned paternalism to me."