Attorney slams California suicide bill

FOR IMMEDIATE RELEASE

Dore: “Even if you like the concept of assisted suicide, SB 128 is the wrong bill.”

Contact: Margaret Dore (206) 697-1217

Seattle, WA -- Attorney Margaret Dore, president of Choice is an Illusion, which has fought assisted suicide legalization efforts in many states and now California, made the following statement after the California Senate Appropriations Committee passed SB 128 on May 28, sending the assisted suicide bill to the Senate floor.

"SB 128 is sold as giving people an 'end of life option,’” Dore said. “The fact is this bill is about ending the lives of people who aren’t necessarily dying anytime soon, and giving other people the ‘option’ to hurry them along."

Dore, an attorney in Washington State where assisted suicide is legal, explained, “In my law practice, I started out working in guardianships, wills and probate, and saw abuse of all kinds, especially where there was money involved (where there's a will, there are heirs). Then, in 2008, I got dragged to a meeting about our assisted suicide law and saw the perfect crime: your heir could help sign you up, and once the lethal dose was in the house, there was no oversight. Not even a witness is required. If you struggled, who would know?"

Great News! Scottish Assisted Suicide Bill Defeated 82 to 36

A Scottish assisted suicide bill has been defeated in its parliament: 82 - 36.[1]

http://www.thecourier.co.uk/news/scotland/critics-blast-assisted-suicide-bill-1.878651

The Bill would have allowed those with terminal or life-shortening illnesses to end their suffering with the assistance of another person, known as a "licensed facilitator".

It is being championed by Green MSP Patrick Harvie following the death of independent MSP Margo MacDonald in April 2014.

Alison Britton, convener of the Law Society's health and medical law committee, said the organisation was concerned that the Bill lacked clarity and would be difficult to enforce.

She said: "We have said throughout the passage of this Bill that legislation in this area needs to be absolutely clear and those seeking to end their lives, and those who assist them, need a robust and transparent process to be certain under which conditions it would be lawful for assistance to be provided.

"We remain concerned over the lack of definition of the key terms, such as 'assistance' and 'life-shortening' and the functions of the licensed facilitator are still uncertain.

"Lack of such clarity leads to ambiguity and leaves the legislation open to interpretation."

* * *

[1] Alex Schadenberg, at http://alexschadenberg.blogspot.com/

Assisted Suicide: How One Woman Chose to Die, Then Survived

http://dailysignal.com/2015/05/18/assisted-suicide-how-one-woman-chose-to-die-then-survived/

Kelsey Harkness / May 18, 2015

In 1994, Jeanne Hall, a resident of King City, Ore., voted in favor of Ballot Measure 16, which for the first time in the United States, would allow terminally ill patients to end their own lives through physician-assisted suicide.

“I thought, hey, I wouldn’t want anyone to suffer,” Hall told The Daily Signal. “So I checked it. Then it became legal.”

That day at the ballot box, Hall never could have predicted that more than 15 years later, she would be diagnosed with inoperable colon cancer.

Doctors gave Hall, who was 55 at the time, two options: She could get radiation and chemotherapy and attempt to fight the cancer, or she could take a lethal dose of barbiturates to end her life.

“I was calling it over,” she said. “I wasn’t going to do chemo. When I heard what might take place in radiation "I wasn’t going to do it. I looked for the easy way out.”

Without treatment, Hall was given six months to a year to live, and therefore qualified for physician-assisted suicide through Oregon’s Death With Dignity law.

“She was terminal because she was refusing treatment,” Dr. Kenneth Stevens, one of Hall’s two cancer doctors, told The Daily Signal. “It’s like a person could be considered terminal if they’re not taking [their] insulin or [other] medications.”

Final Exit Network, Inc. Guilty in Assisting With Suicide

​Dakota County Attorney James Backstrom announced that a Dakota County Jury has found Final Exit Network, Inc. guilty of Assisting Another to Commit Suicide and Interference with a Dead Body or Death Scene in connection with assisting Doreen Dunn in committing suicide on May 30, 2007 at her home in Apple Valley. The jury deliberated for less than two hours.  Judge Christian Wilton set the sentencing date for August 24, 2015 at 9:00 a.m. in Hastings.  

Additional facts pertaining to this case can be found online at: Criminal Complaint Search. To view prior news releases, go to: Attorney News Releases.

Backstrom commented:  “What Final Exit Network does in aiding individuals suffering from serious medical conditions who, like Doreen Dunn, are not terminally ill but are extremely vulnerable or depressed, in taking their own lives and then covering up the truth about what occurred to the victim’s family, the medical examiner and law enforcement, is not only legally wrong it is morally reprehensible.  We are pleased to have brought this organization to justice for these crimes.”

Backstrom thanked the Apple Valley Police Department and the Georgia Bureau of Investigation who aided in the investigation of this case.  Backstrom also thanked Assistant County Attorney Elizabeth Swank and Chief Deputy Phil Prokopowicz who prosecuted the case.

California: Memo to Senate Appropriations Committee: "Vote 'NO' on SB 128: The financial impact is potentially 'enormous.'"

By Margaret K. Dore, Esq., MBA

To view a pdf version,  please click here.

A. Introduction

SB 128 seeks to legalize physician-assisted suicide.  The bill is based on a similar law in Oregon, which was enacted in 1997.  In Oregon, the law is rarely used, but since passage, there has been a significant increase in other (conventional) suicides.  This increase is consistent with a suicide contagion in which legalization and promotion of physician-assisted suicide has led to an increase in other suicides.  Moreover, the financial cost is “enormous.”  A government report from Oregon states:

In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars.

This Committee must vote NO unless the proponents can show that California will not have a similar increase in conventional suicides. Otherwise, the financial cost in California could be “enormous.”

California: "SB 128 has the potential for a large and adverse financial impact."

LETTER submitted to the Senate Appropriations Committee (edited for the web):

Please accept this cover letter and memo in opposition to SB 128 for the purpose of the May 11th hearing. 

Based on the "Oregon experience," passage of SB 128 has the potential for a large and adverse financial impact on the state of California.  The cover letter explains why as follows:

SB 128 seeks to legalize physician-assisted suicide. 

In Oregon, which has had a similar law since 1997, legalization is statistically correlated with an increase in other suicides.  This increase is consistent with a suicide contagion in which the legalization of one type of suicide (physician-assisted) has led to an increase in other (conventional) suicides.  Moreover, the financial cost is "enormous."  A government report from Oregon states:

"In 2010 alone, self-inflicted injury hospitalization charges exceeded 41 million dollars."  (Emphasis added).

Here are the full links:  

https://choiceisanillusion.files.wordpress.com/2015/05/dore-ltr-ca-sen-appr-com_001.pdf

https://choiceisanillusion.files.wordpress.com/2015/05/sb-128-senate-appropriations-memo-updated.pdf

Thank you for your consideration.

Margaret Dore, Esq., MBA, President
Choice is an Illusion, a nonprofit corporation
Law Offices of Margaret K. Dore, P.S.
www.choiceillusion.org 
www.margaretdore.com 
1001 4th Avenue, Suite 4400
Seattle, WA  98154

Vermont: “Repeal the Sunset” Bill Moves Out of Committee

From True Dignity Vermont

April 24, 2015 by Administrators, To view original post, click here.

The House Human Services Committee this afternoon voted to approve S.108, the bill that calls for the repeal of the “sunset provision” in Act 39 (not to be confused with a wholesale repeal of Act 39). It is expected that the bill will be debated on the House floor next week, possibly Wednesday.

“Repealing the sunset” would mean that the law will retain the few so-called protections that were included in the original bill that was passed and became law in 2013. Without a repeal of the sunset, these minimal protections, which primarily relate to the procedure around obtaining a prescription, are scheduled to go away in July 2016.  As Guy Page testified last week on behalf of the Vermont Alliance for Ethical Healthcare, “Without the sunset, Act 39 gets an ‘F’.  With it, it rates an ‘F-minus’.  A distinction without a difference.”

Nurse Admits Killing Patients to Ease Her Workload

By John Hall for MailOnline 

 http://www.dailymail.co.uk/news/article-3032137/Nurse-Death-Vera-Maresova-admits-murdering-five-patients-potassium-injections.html#ixzz3XJ806uDP

A former nurse in the Czech Republic has admitted murdering six of her elderly patients with massive doses of potassium in order to ease her workload.

Vera Maresova, 50, confessed to killing five women and one man over a four-year period at a hospital in Rumburk - a small town in the north of the country.

Dubbed 'Nurse Death' by local media, Maresova was initially arrested over the death of a 70-year-old woman last August, but has now admitted killing five more people between 2010 and 2014 following a police investigation.

According to the prosecution, Maresova injected the potassium straight into the blood stream of her six elderly patients, which caused them to suffer heart failure and eventually death.

All of her victims were already in the intensive care unit at the hospital and it is believed Maresova thought their deaths would simply be attributed to natural causes.

Alaska: Memo Against HB 99

HB 99 seeks to legalize assisted suicide and euthanasia in Alaska.

The sponsor says that the bill applies to terminally ill patients with an “inevitable and certain death.” Eligible persons, however, may have years, even decades, to live. The bill is, regardless, a recipe for elder abuse, especially for people with money.

Other problems include: steerage to suicide by health care providers; trauma to patients; trauma to family members; and the risk of suicide contagion.

To view a detailed memo arguing against HB 99, please click here. To view the attachments, please click here.

Margaret Dore, Esq., MBA

Choice is an Illusion has a New Website!

The website's purpose is to fight SB 128, which seeks to legalize assisted suicide and euthanasia in California.  To view the new website, please click here.

California: Vote NO on SB 128

To read a legal/policy analysis against SB 128, please click here.  To view supporting documentation,  please click here.

Key points include:

People "eligible" for assisted suicide/euthanasia may have years, even decades, to live, i.e., if they don't die of assisted suicide/euthanasia under SB 128.  The bill encourages people with years to live to throw away their lives.

The thrust of SB 128 is to protect doctors and other participants in a patient's death, including family members.  This is done in three ways:

Montana: Vote "Yes" on HB 477!

HB 477 will reverse Baxter and send a clear message that medical killings are prohibited and against public policy.  Individuals will be protected from the medical establishment, individual doctors and family members with something to gain.

A.  Involuntary Medical Killings.

Throughout the US, there are increasing reports of involuntary medical killings.[1] Consider a 2012 case against Kaiser Healthcare. Doctors killed the patient, a wealthy older man, through a “terminal extubation.” His daughters had allegedly urged this result in order to obtain large inheritances.[2]  In Montana, examples include Dr. James Mungas, who was killed under the guise of hospice/palliative care.  His widow, Carol Mungas, states:

It is traumatic, still, to realize his last communications were attempts to get help.[3]

B.  Likely Problems

Baxter has created confusion in the law and has emboldened some doctors and family members to publicly admit participation in assisted suicides.  If HB 477 is not enacted, this situation will likely lead to defacto legality and the following problems:

    1.  New paths of elder abuse, especially for people with money.

Legal assisted suicide creates new paths of elder abuse. Consider, for example, the Thomas Middleton case, where legal physician-assisted suicide in Oregon was part of a financial elder abuse fraud.

    2.  Steerage to suicide.

It is well documented that Oregon's Medicaid program steers patients to suicide (suicide is covered in lieu of treatments for cure or to extend life).  Private health plans and providers have this same ability. To learn more, see this affidavit by Oregon doctor, Kenneth Stevens, MD.

    3.  Pressure on patients. 

See this letter by Marlene Deakins, RN, describing the pressure put on her brother after he merely asked a question about assisted suicide in Washington State. 

    4.  More conventional suicides, including violent suicides.

In Oregon, conventional suicides, including violent suicides, have substantially increased with legalization of assisted suicide. This is consistent with a suicide contagion.  The financial cost of these suicides is "enormous."  For more information, click here.

    5.  Pressure to expand to non-terminal people.

In Washington state, there have been "trial balloon" proposals to expand its law to non-terminal people, including those who have simply fallen on hard times. See e.g., this column in the Seattle Times, suggesting euthanasia for people without money for their old age.  

C.  Contact Your Legislators.

Contact your legislators and urge them to vote "YES" on HB 477.

* * *
[1]  Peter Whoriskey, "As More Hospices Enroll Patients who Aren't Dying, Questions About Lethal Doses Arise," The Washington Post, August 21, 2014. 
[2] William Dotinga, “Grim Complaint Against Kaiser Hospital,” Feb. 6, 2012.
[3] Carol Mungas, athttp://www.montanansagainstassistedsuicide.org/2013/03/i-support-house-bill-505-which-clearly.html 

Montana: HB 477 PASSES the House!

Yesterday, HB 477, which overrules Montana/s Baxter decision by clarifying that physician-assisted suicide is against public policy and prohibited, passed Montana's House of Representatives.

Elderly Murder-Suicide: Should We Praise Old Men Who Kill Their Wives and Themselves?

"A man who murders his sick, innocent, helpless wife is no hero."

http://www.huffingtonpost.com/elizabeth-marquardt/elderly-murder-suicide_b_1402935.html

By Elizabeth Marquardt

On Thursday, March 29, the bodies of Adrienne and Charles Snelling were found. Police believe Charles killed Adrienne -- her exact cause of death is still pending -- and then shot himself. Only last December, Charles Snelling published in the New York Times a poignant and widely-circulated piece about loving and caring for his wife with Alzheimer's disease. (Columnist David Brooks, whose query for life stories initiated Snelling's piece, wrote in his column yesterday about this case.)

Montana one step closer to reversing Baxter.

Today, the Montana House of Representatives voted to pass HB 477, which clarifies that "physician-assisted suicide" is prohibited and against public policy in Montana.  

To view HB 477, please click here.

Washington State: SB 5919 passes Senate!

SB 5919, clarifying that patients who request assisted suicide have the right to be told about options for cure or to extend life, has PASSED the Senate!  The vote was a bipartisan, 34-14, with one member excused.  To see the vote breakdown, click here .

Utah: Problems with H.B. 391

By Margaret Dore, Esq., MBA

H.B. 391 seeks to legalize physician-assisted suicide in Utah.  I am a lawyer in Washington State where we have a similar law.  Our law is based on a law in Oregon.

Problems include:

1.  HB 391, if enacted, will encourage people with years to live to throw away their lives.

HB 391 seeks to legalize assisted suicide for persons with a "terminal disease," which is defined as having less than six months to live.  In Oregon's law, which uses the same definition, young adults with chronic conditions, such as diabetes, are "eligible" for assisted suicide.  Such persons can have years, even decades, to live.  See https://choiceisanillusion.files.wordpress.com/2014/12/a-2270-3r-memo-12-02-14.pdf   "Eligible" patients can also have years to live because doctors can be wrong.  See https://choiceisanillusion.files.wordpress.com/2013/10/terminal-uncertainty.pdf and https://choiceisanillusion.files.wordpress.com/2014/08/signed-john-norton-affidavit_001.pdf

Massachusetts: High School Student Charged with Manslaughter for Encouraging Suicide

http://www.thesunchronicle.com/news/local_news/kp-student-charged-with-manslaughter-in-

fairhaven-friend-s-death/article_821a5d5e-be30-11e4-ada1-7b43f5417c27.html

BY JIM HAND SUN CHRONICLE STAFF | Posted: Friday, February 27, 2015 1:00 am

PLAINVILLE  A King Philip Regional High School senior has been indicted for involuntary manslaughter, allegedly for urging a friend to commit suicide. She then raised money for mental illness in the name of her friend.

Michelle Carter, 18, of Plainville was indicted as a “youthful offender” by a Bristol County grand jury, and was arraigned in New Bedford Juvenile Court.

She is accused of urging Conrad Roy III, 18, of Fairhaven and Mattapoisett to kill himself, which he did while idling a truck last July in the parking lot of a Fairhaven Kmart. Authorities said he died of carbon monoxide poisoning.

Washington State: SB 5919 on the move!

Last night, SB 5919, which clarifies that a person considering assisted suicide has the right to be told of options for cure or to extend life, has passed out of the Law & Justice Committee.

The vote was bipartisan.  The seven member committee voted as follows:  6 "do pass" and 1 "without recommendation."  See here

Marlene Deakins, RN, Supporting SB 5919

"I hope that  with the proposed bill, doctors will get the message that they need to back off , to make sure that patients are freely choosing what’s best for them, as chosen by them."

* * * 

Dear Senator Padden, Members of the Law and Justice Committee and Senator Angel:

I am a Registered Nurse.  I am writing this letter in support of SB 5919, which would make it clear that persons asking about assisted suicide remain eligible to be told about options for cure or to extend life.  I hope that this law will provide protection for people like my brother, Wes Olfert, who died a few years ago (2011) in Washington State.

When he was first admitted to the hospital, he made the mistake of asking about assisted suicide.  I say a mistake, because this set off a chain of events that interfered with his care and caused him unnecessary stress in what turned out to be the last months of his life.

By asking the question, he was given a "palliative care" consult by a doctor who heavily and continually pressured him to give up on treatment before he was ready to do so.  It got so bad that Wes became fearful of this doctor and asked me and a friend to not leave him alone with her.

I hope that  with the proposed bill, doctors will get the message that they need to back off, to make sure that patients are freely choosing what’s best for them, as chosen by them.

Please vote “yes” on SB 5919

Marlene Deakins, RN
Tuscon Arizona

Senator Jan Angel, Supporting SB 5919

This bill . . . is about choice and common sense. Patients should know all their options before having to make a life-or-death decision.

The bill does not impose any limitations on a person's ability to choose what is best for him or her. It could even be called a technical amendment as it just expands the list of information that is provided to patients before they make their decision.

Kenneth Stevens, MD, supporting SB 5919.

My name is Dr. Kenneth Stevens. I live in Sherwood, Oregon. I'm testifying in favor of Senate Bill 5919, which amends Washington's Death with Dignity Act.

I'm a cancer doctor in Oregon, where we've had the similar act since 1997. I'm also a professor emeritus at Oregon Health and Science University. I previously served as Chair of the Department of Radiation Oncology. I have treated thousands of patients with cancer.

Jeanette Hall

I practice in both Washington state as well as Oregon. I've read the proposed bill, which amends Washington's act to make it clear that patients who request a lethal dose under the act have the right to be told of treatment options for cure and to extend life.

I strongly support this bill, especially due to my experience with a patient named Jeanette Hall. The Oregon and Washington acts apply to patients predicted to have less than six months to live.  This does not necessarily mean that the patients are dying. This is true for two reasons:

WA State: Vote "YES" on SB 5919.

This is a simple bill, which clarifies that patients considering assisted suicide have a right to be told of their options for cure or to extend life. Passing the bill will be consistent with how Washington's assisted suicide act was marketed to the voters, as providing choice for patients. I urge you to vote "Yes.”

* * *

Below please find my updated memo supporting SB 5919, currently pending in the Washington State Senate. To see a print version, please click here.

Margaret Dore, Esq., MBA

www.margaretdore.com