Legal Aspects of Health Care - Essay Example

BHM 443 - Legal Aspects of Health Care (Module 5-SLP) ID: Word count: 510 words Euthanasia and physician assisted suicide has not been legalized in most American states. The break in both opinions occurs because euthanasia has many pros and cons especially in dealing with ethical issues of assisting in a patient's death. Some physicians say euthanasia is a rational choice for pained patients to choose to die to escape unbearable suffering. On the other hand, medical experts comment that aiding in the patient's death goes against a physician's duty to preserve life (University of Washington School of Medicine).

However, it is said that the four factors judge the decision of euthanasia or physician assisted suicide: level of patient suffering, the extent to which the patient requested death, the age of the patient, and the degree of curability of the illness. This essay will discuss three states stand on Euthanasia: Texas, Oklahoma and Washington. Texas was did not agree to euthanasia or PAS until 1999. Under the Texas Futile Act, certain patients are allowed the assistance of their hospitals or physicians to withdraw life support (Health and Safety Code).

For instance, mechanical respiration can be stopped for those patients whose illness is terminal enough for this measure to be considered futile and unnecessary. This act allows the family the chance to review the hospital's decision when previously a court injunction could be used by the hospital to withdraw treatment without any notice. Also, no decision in this act is based on the monetary capacity of the patient thus the act creates no rift between classes: providing equal rights to all. Oklahoma is similar in its opinion of euthanasia and PSA.

The state has a law which specifically prohibits assisted suicide. If a person commits an assisted suicide, he or she can be charged with a criminal act. Thus the state refuses to condone or authorize any means of assisted suicide. In the same way euthanasia is prohibited in Oklahoma under the general homicide laws. If life sustaining methods are removed it is considered homicide or even suicide. Washington allows the patient or physician to assist and allow the patient a decision to end his life.

This was done through the argument set forth in the case of Washington v Glucksberg that a liberty interest allowed the individual to choose the time and manner of his death. In this way, terminally ill yet competent adults could choose to hasten their death through medication prescribed by their physician. Though this move was rejected it was the starting step and now physician assisted suicide is legal in Washington where voters passed the Initiative 1000 in November 2008. Supporters call it a "Death with Dignity bill.

"Thus, euthanasia and physician assisted homicide is still a topic that causes various problems and contradictions between different schools of thoughts. It is hard to reach a conclusion on such a controversial topic as many consider it argument involving humanity, religion and an individual's own conscience. The best decision can only be made by the patient and family who are caught in the particular decision and by doctors who have experienced the situation. BibliographyHealth and Safety Code, 1999, viewed June 14 2009 http://tlo2.tlc.state.tx.us/statutes/docs/HS/content/htm/hs.002.00.000166.00.

htmUniversity of Washington School of Medicine, 2008, Ethics in medicine, viewed June 14 2009 http://depts.washington.edu/bioethx/topics/pas.html#ques2Washington V Glucksberg 1997, viewed June 14 2009 http://www.law.cornell.edu/supct/html/96-110.ZS.html