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Current Medical Aid-in-Dying Laws Discriminate against Individuals with Disabilities

Megan S. Wright

American Journal of Bioethics 23 (9):33-35 (2023)

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Neurologic Diseases and Medical Aid in Dying: Aid-in-Dying Laws Create an Underclass of Patients Based on Disability.Lonny Shavelson, Thaddeus M. Pope, Margaret Pabst Battin, Alicia Ouellette & Benzi Kluger - 2023 - American Journal of Bioethics 23 (9):5-15.details 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 (...) Download Export citation Bookmark 18 citations
Dementia, Healthcare Decision Making, and Disability Law.Megan S. Wright - 2019 - Journal of Law, Medicine and Ethics 47 (S4):25-33.details Persons with dementia often prefer to participate in decisions about their health care, but may be prevented from doing so because healthcare decision-making law facilitates use of advance directives or surrogate decision makers for persons with decisional impairments such as dementia. Federal and state disability law provide alternative decision-making models that do not prevent persons with mild to moderate dementia from making their own healthcare decisions at the time the decision needs to be made. In order to better promote autonomy (...) Download Export citation Bookmark 11 citations
Advance Directives, Dementia, and Physician‐Assisted Death.Paul T. Menzel & Bonnie Steinbock - 2013 - Journal of Law, Medicine and Ethics 41 (2):484-500.details Physician-assisted suicide laws in Oregon and Washington require the person's current competency and a prognosis of terminal illness. In The Netherlands voluntariness and unbearable suffering are required for euthanasia. Many people are more concerned about the loss of autonomy and independence in years of severe dementia than about pain and suffering in their last months. To address this concern, people could write advance directives for physician-assisted death in dementia. Should such directives be implemented even though, at the time, the person (...) Download Export citation Bookmark 28 citations
Advance Directives, Dementia, and Physician-Assisted Death.Paul T. Menzel & Bonnie Steinbock - 2013 - Journal of Law, Medicine and Ethics 41 (2):484-500.details Almost all jurisdictions where physician-assisted death is legal require that the requesting individual be competent to make medical decisions at time of assistance. The requirement of contemporary competence is intended to ensure that PAD is limited to people who really want to die and have the cognitive ability to make a final choice of such enormous import. Along with terminal illness, defined as prognosis of death within six months, contemporary competence is regarded as an important safeguard against mistake and abuse, (...) Download Export citation Bookmark 26 citations

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