| Literature DB >> 35678920 |
Luigi Grassi1,2, Federica Folesani3, Marco Marella1, Elisa Tiberto1, Michelle B Riba4, Lisa Bortolotti5, Tommaso Toffanin1, Laura Palagini1,2, Martino Belvederi Murri1,2, Bruno Biancosino2, Maria Ferrara1,2, Rosangela Caruso1,2.
Abstract
PURPOSE OF REVIEW: Over the last 30 years, medical assistance in dying (MAiD) including euthanasia (EU) and physician-assisted death (or suicide, PAS) has become the center of a large debate, particularly when these practices have involved people with psychiatric illness, including resistant depression, schizophrenia, personality, or other severe psychiatric disorders. We performed a review utilizing several databases, and by including the most relevant studies in full journal articles investigating the problem of MAiD in patients with psychiatric disorders but not in physical terminal conditions (non-terminal, MAiD-NT). RECENTEntities:
Keywords: Euthanasia; Major depression; Medical assistance in dying; Mental illness; Moral distress; Moral philosophy; Personality disorders; Psychosis; Schizophrenia
Mesh:
Year: 2022 PMID: 35678920 PMCID: PMC9203391 DOI: 10.1007/s11920-022-01339-y
Source DB: PubMed Journal: Curr Psychiatry Rep ISSN: 1523-3812 Impact factor: 8.081
Definitions about medical actions causing the patient’s death
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*For some authors, practices 1a and 2 can be subsumed under the rubric of Medical Assistance in Dying (MAiD) since in both physicians have a role in assisting the patient requesting to die
Overview of legislations about MAiD-NT for people with psychiatric disorders in different countries
| Belgium | Euthanasia Law 2002 | • Competent adults and emancipated minors (in 2014 euthanasia legalized for children) • The request is voluntary, well-considered and repeated, and is not the result of any external pressure • Medical condition of constant and unbearable physical or mental suffering that cannot be alleviated, resulting from a serious and incurable disorder caused by illness or accident • No specification on previous attempted treatments required to define the condition as “cannot be alleviated” |
| Netherlands | Termination of Life on Request and Assisted Suicide Act 2001 | • Unbearable suffering without prospects of improvement (attempted treatments not specified, but every available and feasible treatment should be discussed thoroughly with the patient: whether an alternative treatment is available and feasible, there are prospects of improvement) • Voluntary request for E/PAS and persistent over time • Full awareness of his/her condition, prospects, and options • Independent physician should be consulted to grant for the request • Method used should be medically and technically appropriate • Age of at least 12 years old (parents’ consent required when aged between 12 and 16 years) |
| Luxembourg | Law on euthanasia and assisted suicide 2009 | • Competent adults (16- to 18-year-olds need their parents or legal guardians consent) • Insufferable pain for a physic or psychic condition that can not be alleviated (attempted treatments not specified, but every available and feasible treatment should be discussed thoroughly with the patient, comprising palliative care) • Voluntary and repeated request • Written request |
| Canada | Medical Assistance in Dying Act 2016 * | • Canadian health insurance • Competent adults • A grievous and irremediable medical condition (“illness, disease, disability or state of decline that cannot be relieved under conditions that the patients consider acceptable”. No attempted treatment specified, but all available treatments, including palliative care, should be discussed) • Voluntary request for medical assistance in dying not resulting from outside pressure/influence |
| Switzerland | 1942 | • Competent adults • The person has to perform him/herself the act • No selfish motive (if selfish motive for PAS, considered a crime) |
*Revised as Bill C-7: as of March 2023, will include provision of MAiD for Mental Illness where the latter is sole source of suffering
Some arguments against and in favor of MAiD-NT in patients with psychiatric disorders
• The duty of physicians is to preserve life, therefore to prevent suicide, not to cause it even if requested • Psychiatric disorders themselves can cause a desire to die • Depressive cognitive distortions can cause patients to see themselves, the world and the future as hopeless • Supporting a MAiD decision is a form of collusion with patients’ sense of helplessness • Severe psychiatric disorders (as well as dementia) may compromise the person's decision-making capacity, therefore the patient’s request is not valid • Pathophysiology of somatic disorders are clear, not the same for mental illness • Certainty that a person's psychiatric condition is untreatable is largely insufficient • Objectivity and quantification is not possible for psychiatric disorders vs somatic disorders • Uncontrollable pressures from family or society, including shortage of funds for health care, cause individual’s feelings of a duty to die, guilt about being alive, (that make institutionalisation of MAiD-NT for mental illnesses unacceptable) • MAiD-NT in psychiatric patients may lead to a slippery slope, extending to minors, old people with dementia; a way for vulnerable or marginalized persons to seek death as a relief from poverty, loneliness or other psychosocial stressors | • The duty of physicians is to reduce intolerable suffering as a form of care • Not all patients with severe mental illness are incompetent, their decision-capacity is not • There is no difference in the suffering of patients with ‘typical’ terminal or futile medical disease and in those with severe psychiatric disorders • Prohibiting MAiD-NT infringes on patient’s rights, personal liberty; increases discrimination and stigma; and is an unacceptable attack on freedom and dignity • If the law is applied approprately, it should be able to distinguish between patients who are suicidal from those with a rational request to receive MAiD-NT. Therefore criteria of the law should be followed for each case and are a guarantee that MAiD-NT is not used as a form of legalized killing: • If under certain circumstances, death by omission (e.g. withholding/withdrawing treatment – which can be considered an actions since a physician acts when he/she interrupts tretaments) is moral, then death by action (e.g. MAiD-NT) is also moral • Leaving alone a patient when choosing suicide in a desperate way is immoral; also grief caused by a family member committing suicide is complicated and source of extreme suffering. Therefore it is necessary to help both patients and family for a dignified death by assisting him/her in suicide (if the criteria of law are met) and working in advance with the family |