Wednesday, April 20, 2011

Impact of Key Euthanasia Case in Canada

Canada may have the Mounties, but now they are facing a decision in their Superior Court, which will have a mounting impact on all of us. A case of euthanasia, that will have national importance, which will not only impact Canada, but eventually affect the rest of the world.

The Rasouli case in Canada will determine whether doctors are required to obtain the consent of the patient, the patient's guardian or the Consent and Capacity board, before withdrawing life support. This decision will apply to all life-sustaining interventions, including the withdrawal of hydration and nutrition. The case will be held in Canada's Superior Court on May 18th, 2011. It is a precedent setting case.

Background ... October of 2010, Mr. Hassan Rasouli developed bacterial meningitis and ventriculitis, following surgery to remove a benign tumor in his head. This infection caused fed through a g-tube in his stomach.

Mr. Rasouli's wife is a physician, who had practiced in Iran, and is his substitute decision maker who has refused withdrawal of his treatment. The hospital and doctors attempted to move Mr. Rasouli to another hospital, but to no avail.

The physicians believe that Mr. Rasouli is in persistent vegetative state (PVS), and as such, are not required to continue treatment, which they think will not benefit him. And in fact, they stated they are OBLIGED to refrain from continuing treatment, even if the patient or substitute decision maker does not agree.

What's at stake? If the doctors win the appeal at the Superior Court level, then the doctors will not be required to obtain consent before withdrawing life-support. The definition for life-support also includes food and fluids. Therefore, doctors will be able to withdraw fluids and food, without consent from a person in PVS, but not dying. Mr. Rasouli is profoundly handicapped, but he is not dying.

This is a cost issue. Does the cost of caring for Mr. Rasouli and all other brain damaged and disabled individuals, outweigh their values as human beings? This is the question the court will decide. They will also decide if food and fluids constitute life-support. But, the most important decision, the court will rule on, is the matter of WHO decides.

Consider carefully .. That this is not only a euthanasia case, but a case with tentacles into every aspect of medical decision making. Consider, if the doctors can make decisions over the withdrawal of your medical care, what's to stop them from imposing medical care .. possibly lobotomize a few of us?

No comments: