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Neurologic Diseases and Medical Aid in Dying: Aid-in-Dying Laws Create an Underclass of Patients Based on Disability.

Authors :
Shavelson, Lonny
Pope, Thaddeus M.
Battin, Margaret Pabst
Ouellette, Alicia
Kluger, Benzi
Source :
American Journal of Bioethics; Sep2023, Vol. 23 Issue 9, p5-15, 11p, 1 Color Photograph, 1 Chart
Publication Year :
2023

Abstract

Terminally ill patients in 10 states plus Washington, D.C. have the right to take prescribed medications to end their lives (medical aid in dying). But otherwise-eligible patients with neuromuscular disabilities (ALS and other illnesses) are excluded if they are physically unable to "self-administer" the medications without assistance. This exclusion is incompatible with disability rights laws that mandate assistance to provide equal access to health care. This contradiction between aid-in-dying laws and disability rights laws can force patients and clinicians into violating one or the other, potentially creating an underclass of patients denied medical care that is available to those with other (less physically disabling) terminal illnesses. The immediacy of this issue is demonstrated by a lawsuit in Federal court filed in August 2021, requesting assistance in self-administration for terminally ill patients with neuromuscular diseases. This paper discusses the background of this conflict, the ethical issues at the heart of the dilemma, and recommends potential remedies. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15265161
Volume :
23
Issue :
9
Database :
Complementary Index
Journal :
American Journal of Bioethics
Publication Type :
Academic Journal
Accession number :
171310437
Full Text :
https://doi.org/10.1080/15265161.2022.2105422