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Barbara Coombs Lee

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What We Know From Oregon's 'Death With Dignity' Experiment

Posted: 09/10/11 12:32 PM ET

Seventeen years ago, the people of Oregon took a bold step in end-of-life care and comfort. By citizen initiative, they adopted eligibility criteria and practice guidelines for terminally ill, mentally competent adults to obtain medication that would ensure peaceful dying.

I was one of the drafters of that law, and I have stood by every word ever since. For years, when reporters asked what I would change in the law, I replied "one comma," to clarify that impaired judgment from any type of mental dysfunction disqualifies a patient from making a request. Subsequently, we did change that comma.

Fourteen years of experience integrating aid in dying into Oregon medical practice, three years replicating that experience in Washington and two years with a different regulatory model in Montana now inform policy-makers. Our work to craft subsequent Death with Dignity Acts and aid-in-dying policies reflects the wisdom gained from practice.

Opponents believed catastrophe would befall Oregon and medical practice would suffer, but the opposite occurred: End-of-life care is robust, thriving and increasingly patient-centered in Oregon. Thousands of patients find comfort every year knowing they do not have to suffer unbearably. No evidence exists of anyone harmed. Opponents' assertions to the contrary rely on vast conspiracy theories, fraud and cover-up by Oregon hospices and the hospice association, officials at the Department of Health, the medical disciplinary board and police departments in communities across the state. These scary stories hold no credibility, and polling reveals a full 77 percent of Oregonians support their Death with Dignity Act.

Proponents believed terminally-ill patients want and need assurance they can control the time and manner of their dying and will apply profound thought and care before ever exercising this control. We believed nothing could override doctors' drive to cure disease and prolong life, but that as death inevitably approaches, most doctors would allow qualifying patients this measure of comfort. Those beliefs have been validated.

Oregon's data and experience has revealed other truths. We could not have predicted all of them, but they carry important lessons for our future advocacy:

  1. Oregon's Death with Dignity law says patients may express a "wish to die." Data and experience contradict this. We now know patients approaching death and planning for peace have no wish to die. They wish only, if death is imminent, that it be as peaceful and humane as possible.
  2. Oregon's law says a physician may provide, and a qualifying individual may receive, medication "for the purpose of ending his or her life ... " Data and experience indicate this statement of purpose is inaccurate. Patients making a request want assurance, and they have made no decision about whether to ingest the medication. Fully 40 percent of patients who completed the entire qualifying process in 2010 either did not fill the prescription or did not take the medication. Experience teaches the purpose of the prescription usually is to provide comfort and peace of mind. The purpose is to lend substance to the fondest hope -- for a peaceful death, at home with loved ones near. The purpose is to improve the quality of life for a dying person. The purpose is not to cause death, for cancer or other fatal disease is already producing that end.
  3. Physicians embrace clear practice guidelines. They are eager to conform to the expectations of their peers. Many Montana physicians would have welcomed further guidance from the legislature to round out the broad aid-in-dying parameters laid out by the Montana Supreme Court. Legislators declined to adopt guidelines, so the Court's public-policy findings guide Montana's aid-in-dying practice, which is also informed by practice in Oregon and Washington and relevant authoritative medical literature.
  4. As much as doctors embrace practice guidelines, they do not appreciate government-required paperwork and the idea that Big Brother can intrude into the intimate and private doctor-patient relationship. For 14 years Oregon's medical community has been heroic and diligent in completing elaborate and duplicate forms for every completed aid-in-dying request and meeting onerous reporting deadlines. Some have faced investigation by the medical disciplinary board for minor technical omissions on these forms. These physicians endured intrusive investigations that never revealed actual violation of the law.

As the U.S. Supreme Court intended, Oregon has served as a laboratory to test the impact of a new end-of-life option on patients, physicians and end-of-life care. Washington's data and experience reproduced the findings from Oregon. The "laboratory experiment" is complete, and the results will inform our advocacy from now on.

We will work for policy that reflects community standards, establishes clear guidelines and guides physicians in safe and responsible aid-in-dying practice, without burdensome government reporting on every patient encounter. Bureaucratic paperwork has provided important data demonstrating the safety of aid in dying, but it is not responsible for making the practice safe. As is clear in Montana, physicians meticulously adhere to a standard of practice defined by the bounds of the Court decision, without the needless and intrusive burden of government reporting.

We will affirm the true purpose of aid-in-dying medication is to provide comfort and improve the quality of life for dying patients. Physicians intend to comfort, and patients intend to acquire the ability to escape unbearable suffering.

As advocates, we have defended the law from multiple attacks. As stewards, we have guided patients, families and medical professionals through the eligibility requirements, procedural guidelines and reporting duties of aid in dying. As investigators, we have observed the law's provisions play out at countless bedsides, living rooms and kitchen tables across the state. Medical studies, state reports and our own experience inform our "post-Oregon" advocacy. We must not ignore the lessons of Oregon's data and experience.

 

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Seventeen years ago, the people of Oregon took a bold step in end-of-life care and comfort. By citizen initiative, they adopted eligibility criteria and practice guidelines for terminally ill, mentall...
Seventeen years ago, the people of Oregon took a bold step in end-of-life care and comfort. By citizen initiative, they adopted eligibility criteria and practice guidelines for terminally ill, mentall...
 
 
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09:19 AM on 10/05/2011
Experiment or revolution? Your work in Oregon has shifted our consciousness and experience of death. Please join us at www.afterthoughts.com. We are talking about death, finally.
Thank you,
-Susan Fried Perl
This user has chosen to opt out of the Badges program
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09:07 PM on 09/19/2011
Thank you Barbara Coombs Lee and Compassion & Choices for a job well done. Oregon proves that aid in dying complements hospice. By providing both, Oregon now has the best palliative care system in America. The polls indicate that Oregonians are pretty satisfied with their 13-year experiment. The lab works. Now other states can emulate that experience. Hopefully, Hawaii will be next.

Robert Orfali, Author "Death with Dignity: The Case for Legalizing Physcian-Assisted Dying and Euthanasia." (www.DeathwithDignityBook.com).
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Halsey
"There is a price to pay for speaking the truth. T
03:34 PM on 09/19/2011
I WILL make a plug for the HBO documentary "To Live and Die in Oregon". I muddled the title. But it was so extremely well done and tearjerking, yet with HOPE at the same time. I think it was Cody? the woman with SUCH a spirit and fight to live, yet when the final prognosis was dim, she drank the solution, with her dear oncologist at her side(as well as her family). What a gift. They all loved her enough to let her go.
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Halsey
"There is a price to pay for speaking the truth. T
03:32 PM on 09/19/2011
As a long-time supporter (just small amounts as I have very little $) I applaud Barbara's post here. The more who read about Compassion and Choices, perhaps will create the needed groundswell to bring this kindness to the other 47 states. I was pro dignity even before I, myself, got cancer. I did the drill, 4 surgeries, chemo, radiation. I'm still here 2.5 years later. But "if" C comes back, I won't do it again. I would not deny that choice to anyone; we've all ready stories of a person's 10+ year battle with cancer; but for ME, I'd want to go gently into the sweet goodnight. It is the most personal choice anyone can make in their life. I just hope I have the funds to move to OR if cancer comes back, and that I can make it a year (I think that is required..to be a resident)..and go to sleep, on my terms, not riddled with pain and drugged with morphine which doesn't always work that well.
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Leonard H
Family Rights
03:30 PM on 09/12/2011
WHAT I KNOW from having PARTICIPATED in the "Death with Dignity"-

Oregon has ANOTHER law, called the "Oregon Pain Management" (OPM) where it is plainly stated- "As long as the intention for prescribing analgesics is the relief of pain, the possibility that they may hasten death is not a reason to withhold these medications from a dying patient."

http://www.oregon.gov/OHA/OHPR/PMC/module/15.shtml

In Oregon, they are so gung-ho on this doping, they DO IT AUTOMATICALLY. Sure cuts down on patient resistance to what they are going to do to you. They do ask you for "permission" after being stupified with the dope.

Oh yes, I have a problem with that. And I have a problem with how CROOKED the system is about charging Social Security UNGODLY amounts of money for all this. I believe I saw a bill for a Quarter Million for my "care". But I don't really know for sure because I was doped out of my gourd at the time.

Full story with lots of detail at- http://familyrights.us/vpap/

Leonard Henderson, co-founder
American Family Rights
http://familyrights.us
"Until Every Child Comes Home"©
"The Voice of America's Families"©
HUFFPOST SUPER USER
themightyabealrd
screw the real world-I'm an artist!
09:55 PM on 09/11/2011
Excellent piece. It's been my experience that many people can't tell the difference between life and existence...medical technology can keep somebody alive in a technical sense, but when quality of life is virtually nil, the option of a dignified, swift exit is a true blessing.
And of course, as others have noted, there is a cultural tendency toward fearing the simple fact of one's own mortality. Those who live with this fear may well believe it to be a positive trait that all should harbor. Then there are those like me, who believe the finite nature of a human lifespan serves to make the time we have precious and valuable.
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crydespite
oh go on then
09:41 PM on 09/11/2011
Congratulations to the author on probably the most objective, informative and well-written article on HuffPo this year. America too often seems driven by panic, bombast or both, and it's refreshing to be reminded of what it can do sometimes.I wish you the best with the future of all this.
been2there
Facts have a liberal bias.
02:23 PM on 09/11/2011
From statistics I have read, surpisingly few people go so far as to request the prescription, and only about half use it. The real message is that people want dignity, not death.
Since death is inevitable, making the end of life worthwhile is as important as making the bulk of life worthwhile. Oregon led the way, and I for one, thank them.
11:23 AM on 09/11/2011
Thank you for this wonderful, informative article. I lived for three years in Oregon, and the quality of life in that state is unparalleled. Please keep up your great work.
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wayne the pain
11:06 AM on 09/11/2011
We have death with dignity in America only for our beloved pets! We have some misguided idea that making people live in agony and bankrupting their families for months and years before they die is some kind of Christian ideal! Not to allow people to decide to end their lives and forego a degrading death is religious fanaticism to the extreme. Watch a Lou Gherigs disease parent die and a normal human being would give these victims any choice they would want. Good for Oregon and to hell with religious fanatics!
07:18 AM on 09/11/2011
i worked in an icu in a large hospital for years. death was an almost daily happening. for the most part, the terminal patients were ready and accepting of their fate. most were in the hospital because of families who did not want to let go of the loved one. when the families finally accept the fact that their family member was suffering and was not going to get better they let go and the patient would be allowed a natural death with comfort measures. our nation has been indoctrinayed in a fantasy that medecine can cure everything. we need to face the facts that all of us are mortal and will parish. some sooner and some later. but we should be allowed dignity in this passage just like dignity during our life.
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HUFFPOST SUPER USER
onnozol
I intend to live forever. So far, so good.
05:48 AM on 09/11/2011
Indeed. We should be allowed to choose when we are no longer able to deal with the pain. I just wish more people would realise there are much worse things than death.
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Sagrimore
They can never take my panache
07:09 AM on 09/11/2011
My mother halted chemotherapy after her cancer stopped responding to the treatment. She had several months to say goodbye to family and friends and even planned her own funeral.

Unfortunately, during her last month she was either weeping because of the pain she was suffering if she limited her pain medication enough to be aware of her surroundings, or she was incoherent from the amount of medication needed to control her pain. No sane society should make someone endure that indignity.
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HUFFPOST SUPER USER
onnozol
I intend to live forever. So far, so good.
08:57 AM on 09/11/2011
I am so sorry, my dear. It is heart wrenchingly painful to watch a loved one in pain and be able to do nothing about it. My grandmother recently passed but it she was not ill and never suffered. Just a week of saying goodbye and I still I am so grateful she was spared the pain.

We are so terrified of death we force others to endure misery. I have the ability to ensure that my pets do not suffer in agony but we cannot seem to afford the same courtesy to our fellow humans. It is a crime.
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Roxee
"Feeling" you're right, doesn't "prove" you are.
04:18 AM on 09/11/2011
A great peice of legislation.
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HUFFPOST SUPER USER
tbone99
cruisin' duality
11:28 PM on 09/10/2011
As the Dems join the GOP in raising the age of qualifying for Medicare and Social Security many of us will need just such assistance ,as we fall between the cracks of too old and ill to be employed and too young to get the benefits we worked so hard for all our lives.
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Katherine Schock
Over the hill,liberal,organic gardener
10:36 PM on 09/10/2011
Thank you for this fine post, Ms.Coombs Lee. Death with dignity is much preferable to agonizing and unrelenting pain. I have never understood why any doctor would want to withhold pain medication from the terminally ill,surely the worry about addiction would not keep them from administering pain relief to the patient. I'm glad that there are advocates like you that understand that dying while suffering unnecessary pain is neither dignified nor humane.
Tea for me
Lipton only:>) Proud Lib/Prog Dem
04:00 AM on 09/11/2011
Another potent reason for hospice care for those who choose not to use the Death with Dignity option.
Although my mom was a strong advocate, when her cancer was diagnosed, it had already metastasized throughout her body and she was given 2 to 6 months, she felt she did not want to ever go back to hospital care and also decided not to request the Dignity forms.

She chose no further treatment and with her Medicare, was able to get free hospice care. With my husband's agreement, I moved in with her so she could have family and friends come to visit more easily and be surrounded by her own things in a one story apartment instead of our house with stairs, eta. and where it would be more isolating.

The entire hospice care..people..training for me..options for therapies for relaxing/pain relief..the nurses/social workers/ paperwork done for us..A Wonderful Service..wonderful!! When pain did start in the last few weeks, I was taught how to give it and monitor for her. She never suffered...wasn't allowed to suffer..and passed peacefully, surrounded by love of family and the hospice people who cried with us when she passed.

Tea
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wonderYrednow
¿Y read backwards?
05:11 AM on 09/11/2011
Well done and well shared.
11:25 AM on 09/11/2011
I had the same experience with my Mom. Thank heavens for Hospice!
07:23 AM on 09/11/2011
from my experience in the hospital, pain meds are used sparingly because families want the patient to communicate and i assume it makes them feel less like he is dying. and then there is the little ambulance chaser down the hall waiting to talk a family into a wrongful death suit. this is another area where tort reform would be a blessing..