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Janice Van Dyck

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Reflections on Jack Kevorkian: Who Owns Death?

Posted: 06/ 4/2011 10:27 am

We all value our freedom to live by our own measure. Do you think we should have the freedom to die that way as well?

I keep promising myself and my family that I'm done writing about death and dying. But then something happens -- like the How To Die In Oregon movie or Jack Kevorkian's death -- and there I am again, wanting to challenge your thinking on what it means to die in the 21st century. Sometimes it seems there's a genuine movement going on here. Every time I turn around, someone is pushing our comfort zone on end-of-life decisions.

In my blog posts and my novel, I've tried to present all sides of the death with dignity argument. I've encouraged choice but have not taken a stand on what that choice ought to be. I've talked about end-of-life planning, letting parents live their own lives and make their own decisions, and even bioethics. But there's something about what one proponent called "The Holy Grail" of the dying argument -- assisted dying -- that still makes a lot of people squirm. With Dr. Kevorkian's death, I think it's time for us to take that bogeyman out of the closet, too.

Call it "medicide" like Kevorkian did, or the value-neutral "aid in death" like the folks at Compassion & Choices do. You can even pull out the old Greek term, "euthanasia," meaning good death, like author Robert Orfali, who watched his wife and soulmate die of an incurable disease. But it all comes down to the same question:

When a person has a disease that cannot be cured, do you think doctors should be allowed by law to end the patient's life by some painless means if the patient and his or her family request it?

A 2007 Gallup poll showed that 71 percent of Americans think they should.

But depending on the circumstances there are still a lot of people, including the jury that put Dr. Kevorkian in jail for nearly a decade, that believe that assisted dying is murder. Kevorkian had found a way around all that by building a "suicide machine" that would enable terminally ill patients to give themselves a lethal dose of medication. No one arrested him for that. He ended up in prison because he personally administered the medication to Thomas Youk, an ALS patient, who could not use his hands to take the medication himself.

I've spoken with palliative care experts and learned that palliative sedation is already legal in every state. That means, after exhausting other alternatives, physicians can provide sufficient pain medication to make the terminally ill patient unconscious and unaware of extreme pain while the disease progresses to death. The patient usually succumbs to dehydration, which takes about a week.

It's also legal for a terminally-ill patient to consciously refuse hydration or other life-sustaining interventions. Many states allow or regulate the rights of family members to request cessation of life-sustaining treatment for a terminally ill family member who cannot speak for themselves.

Does this all seem hypocritical to you? If a physician can write an order to sedate a patient until they die, why shouldn't they be able to give an injection to do it immediately? In the same vein (no pun intended), if a terminally-ill patient does not want to continue life-sustaining treatment and elects to die of dehydration, why can't they elect to end their life in one shot?

Now, I admit there are a lot of fine points to the argument, such as:

  • When is a person considered to be dying?
  • Is it our job to keep them alive or to help them die?
  • Who should make the decision as to when a life ends? Why?
  • Is quality of life an issue?

The U.S. Supreme Court made assisted dying a state issue in 1997. It's now legal in Oregon, Washington and Montana. Author Robert Orfali wants it to be legal in Hawaii, too. I asked Orfali, whose books include "Death With Dignity: The Case for Legalizing Physician-Assisted Dying and Euthanasia" and "Grieving a Soulmate," what he hoped Dr. Kevorkian's death would mean to people. He said:

"Kevorkian's contribution was to bring the practice of underground euthanasia out in the open. In the U.S., up to 24 percent of primary care physicians and 57 percent of oncologists report having been asked to hasten a patient's death, and about one-quarter say they complied. The underground practice is crude, unruly, and totally unregulated. The alternative is to legalize the practice with proper safeguards and make it another palliative-care option. Jack taught us that prohibition does not work."
I found the reaction by L. Brooks Patterson, a former prosecutor and executive in Oakland County, CA, where Kevorkian was convicted, ironically similar:

"I don't think he was the right ambassador to represent the issue. It was the law be damned with him. The issue would have been better debated in a more serious arena than in the back of Jack's van. It was a sideshow. Helping people commit suicide in the back of a van is not dying with dignity."
For my part, I hope that Jack Kevorkian's death will cause you to think, then take a personal stand on your end-of-life choice. That is the ultimate key to ensuring that you die with dignity, a dignity that's measured by your own belief system.


Janice M. Van Dyck is author of Finding Frances, a novel about a family dealing with end-of-life choices.

 
 
 
We all value our freedom to live by our own measure. Do you think we should have the freedom to die that way as well? I keep promising myself and my family that I'm done writing about death and dying...
We all value our freedom to live by our own measure. Do you think we should have the freedom to die that way as well? I keep promising myself and my family that I'm done writing about death and dying...
 
 
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HUFFPOST SUPER USER
Ron Bananas
Marketing
01:27 PM on 06/26/2011
Here's a guy who got shut down for curing patients written off by doctors with incurable brain cancer. His formula worked and he was crushed by the NCI and FDA because that's the way big pharma wants it...

Burzynski: Cancer Is Serious Business

http://vimeo.com/24821365
09:20 PM on 06/17/2011
I don't think a doctor should have full reigns on making the final decision when it comes to a patient's health. I know I would want to make my decision of what felt best for me to do. That is why you have something called a choice(for the most part) and it shouldn't be taken away.

I also have to say that I supported what Dr. Kevorkian did with helping those who were very ill and allowing them to not have to continue to endure the crippling pain or suffering. He really did care about all of his patients and I think he was a damn good doctor. As we well saw he never forced his patients under his care or made their decisions for them. He guided them through and that's what you want in a doctor and medical team. Their input, but you saying what gets to happen in the end.

This is a controversial topic and I thank you for such a well thought out and expressed piece.

Many like to make a judgment that something like this is morally wrong, but everyone has to do what would align with their circumstances. After all, it's your life. With the criticism pushed out of the way you truly have to decide what would make the most sense.
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onionboy
Blessed are the Cheese Makers
11:18 PM on 06/15/2011
If you can't control the end of your life then you weren't in control of your life, making you a slave.

Slavery is wrong.
02:21 AM on 06/10/2011
American health care is a glutton for some truly ugly ironies. And not one of them is any stranger than this:

Over the past 20 years, almost exactly 3,400 doctors have been implicated in totally unnecessary deaths. The majority of innocent citizens died as a direct result of surgeries and procedures that were not needed. Countless thousands of others died from adverse drug reactions which ought never have been prescribed in the first place. About 400 were murdered outright, and 5,000 patients have been sexually assaulted.

Criminal surgeons cut open countless thousands of human chests for no better reason than to amass wealth. One New York eye surgeon admitted in court that, yes, he really had performed 10,000 unwarranted eye operations on the homeless, in his mad rush to untold riches.

All of which brings us to Jack Kevorkian - an unpolished man not driven by wealth - who actually sat with his patients; cried with them; felt their pain and coordinated their requested deaths with dignity.

The ignoble reality is that Jack Kevorkian was treated more shoddily by the press, the public and other MDs, than any of his miscreant peers, including those who murdered their spouses and shot down their coworkers.

As one who investigates bad doctoring for a living, I can fairly report that few people in the nation are more critical of errant physicians than I am.

But to my way of thinking, the only thing Jack Kevorkian was convicted of, was uncommon humanity.
TheBear
I still believe but I'm getting tired
03:28 PM on 06/11/2011
very well said, uncommon humanity indeed.
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Nancy Cronk
Founder, Progressive Outreach Colorado
02:53 AM on 06/07/2011
Thank you for this well-written article. I couldn't agree with you more. Last year, I watched my father die from cancer. The last week of his pain and suffering could have been prevented, and it is unconscionable we do not allow people to make that decision for themselves. I look forward to finding your book, and truly appreciate that you wrote yet another article on this topic. BTW, here is my article about my father's death: http://www.huffingtonpost.com/nancy-cronk/my-fathers-final-journey_b_638917.html
TheBear
I still believe but I'm getting tired
03:43 PM on 06/11/2011
I had a similar experience with my own father Nancy, it was brutal. I am forever changed by that experience. Those last few weeks at home with hospice care I wouldn't wish on my worst enemy.

I remember a friend of mine saying that his suffering was a good thing because it "brought him closer to God". I was so angry I wanted to spit nails. Ironically when her own father was diagnosed with lung cancer the following year she prayed for him to die peacefully before he suffered too much. Luckily he passed away in his sleep of an apparent heart attack well before the pain that those last several months can bring. I admit it was hard for me not to mention what she had previously said to me. I'm an atheist so I don't know if this way of thinking is common with theists but I can't believe a merciful and loving God would want anyone's last days on earth to be like this, perhaps I am wrong.
10:21 PM on 06/05/2011
I read Van Dyck's novel "Finding Frances" and think it's a really thought provoking book about the question Who Owns Your Life. It tells the story of a woman who fights for her rights at the end of her life and shows all the arguments against and for what she's doing. Plus it's a good story about how her family comes to terms with letting her go and that's something we will all have to deal with. Made me think about how I want my family to treat me when my time comes. I think you can only understand living if you aren't afraid to let go at the end.
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PeterNPaul
Giants only fear slingshots.
08:33 PM on 06/05/2011
A key component of the argument is who has domain over your own life? In the beginning and the end, it is truly the only thing we can call our own, but still it is invalid unless sanctioned by the government. There are certain rights that are unalienable and this is one of them.

When my time comes, I can guarantee you I will check out on my own terms, regardless of who says what about it. Unlike many Americans, I refuse to give up what is unalienable.
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Tom Distad
not my father's GOP
07:43 PM on 06/05/2011
•When is a person considered to be dying? When the person says so...
•Is it our job to keep them alive or to help them die? It's your job to leave them alone, or do what they ask if you are a friend or loved one...
•Who should make the decision as to when a life ends? Why? The person, because it is their life...
•Is quality of life an issue? Of course it is, silly! Why in the world would one choose to die in agony if he could save themselves and their family the suffering and the money by "getting the black pill"?

If you take religion out of the picture, and make certain you are dealing with the patients wishes, I see no problem with this at all.
10:51 PM on 06/05/2011
You got it. So simple yet so hard for "experts" to get. And no, Janice, there is no such thing as "palliative sedation" that fully alleviates suffering. Ask anyone who lives with chronic pain, and who struggles constantly with doctors who never seem to get how bad the pain really is. Often death is a blessing. In any case, it is NO ONE's right to decide but the sufferer in his or her right mind. End of discussion.
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Michael Dadtka
Grim
06:35 PM on 06/05/2011
We do have a right to die the death we want. Kavorkian at least brought the discussioin into the forefront. I think he was a good spokesman for that.
04:42 PM on 06/05/2011
I'm disappointed he didn't use this one great opportunity he had to commit suicide. He could have written a letter to the New York Times and then gone out in a blaze of glory that would have had great effect on the entire discussion.
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07:33 PM on 06/05/2011
He was stuck in a hospital. Assisted dying is not a legal option in the Michigan.
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theBUSHdemocrat
10:01 PM on 06/07/2011
And he wasn't ready. He was only in the hospital for 2 weeks before passing. His assistance went to people who were done fighting the good fight after long battles with diseases like Brain Cancer, MS, etc. By not asking to die, he did more to further his cause, IMO. He wasn't ready and wanted to stay and fight. It's not about giving up, it's about giving in when you're done and ready.
03:20 PM on 06/05/2011
If an individual with a terminal illness facing end-of-life choices decides to end his/her own life, that's a personal decision between the individual, his family and his health care provider. Their should be room in the physician/patient relationship for a sensitive, caring discussion to take place at that point. The ultimate choice and actions are the patient's, however, no one elses. When we talk about patients with complex illnesses who are not at end-of-life stage, depression is often a normal component. That is a very different situation. Treat the depression, provide meaningful psychological support, and appropriately manage physical pain. I wonder how many of these non-end stage patients would then still choose suicide if all of that had been provided to them? Thats what disturbed me about Kivorkian. He wasn't exactly discriminating about who he "helped" and there was hardly a meaningful, on-going, relationship involved in which to make a careful and sensitive evaluation of the patient's entire physical and psychological status. Kivorkian had an agenda. Every person's situation is different and complex. There is no room for agenda driven "care" when the issue is choosing death.
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02:29 PM on 06/05/2011
Patterson is an idiot. Who is he to make any judgement about what "dying with dignity" is? That's a personal opinion that led to a wrongful conviction. His job was to facilitate the law, not let his personal feelings influence his decisions.

Dr. Jack was a brave man who stood up for his convictions in the face of grave personal consequences. We should all have the right to choose when to end our lives and we should be grateful for men/women, like Dr. Jack, who make the sacrifice to lead the way.
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cydRN
12:55 PM on 06/05/2011
I am 100% in favor of assisted suicide for the terminally ill. I cannot understand why we can put our pets to sleep with dignity and love and not do the same for loved ones at the end of their lives. I've lost three parents, all were in hospice, which is a blessing. Their pain was managed and their wishes respected. My Mom
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glockman
11:27 AM on 06/05/2011
The decision to end my life in a possible case of a terminal illness is mine. Period. This is not open to debate because there is nothing to debate.

You can not use any religious or moral argument that will change my mind. And neither society nor the government can do anything about that decision should I ever have to make it.
10:42 AM on 06/05/2011
As someone who watched both her grandmother and mother die in agonizing pain, I can only hope that at some point, our society will evolve to allow human beings to choose to die with dignity. My mother died from a rare form of pancreatic cancer that cut off blood flow to her legs and caused a horrible gangrene. In her final days, she was kept under constant sedation and given morphine, but she still could feel the pain anytime someone merely brushed by her feet. I begged the doctors to give her something so that she wouldn't suffer, but they told me that they could not because any more doses would kill her. So she lingered and suffered needlessly for days. From that point forward, I became a staunch advocate of death with dignity. Too bad the ridiculous religious right and the fact that I live in "Floriduh" will likely never allow this to become an option in our state. I am still angry, saddened, and bewildered that medical science had to allow her to continue suffering because giving her more morphine would have ended her life sooner, yet given her peace and ended her suffering.