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Medical Assisted Dying and Mentall Illness

Meagan Franchetto

Background

Background

Carter v. Canada

Carter v. Canada

- April 2011 - case filed by the British Columbia Civil Liberties Association

- Case made on behalf of Kay Carter & Gloria Taylor

- 2015 - Supreme Court ruling: Change must be made to the Canadian Criminal Code

Definitions

Medical Assisted Dying?

Physician Assisted Death?

- Involves the administration of a lethal substance.

Definitions

- Two main types:

  • Euthanasia
  • Medical-Assisted Suicide

- Defined by who administers the lethal substance

Euthanasia

- Adminstration by the physician

Euthanasia

Medical Assisted Suicide

- Lethal substance is prescribed by the physician

- Substance is self-administered by the patient

Medical Assisted Suicide

Regulation #1: The Condition

Regulation #1: The Condition

In order to be deemed eligible for medical-assisted dying, the individual must have a condition that is:

  • Serious.
  • Causing the individual to experience significant suffering, unrelieved by "acceptable" measures.
  • And has resulted in a state of irreversible decline.

Regulation #2: The Individual

Regulation #2: The Individual

In order to be eligible for medical-assisted dying, the individual must be:

  • Mentally competent
  • Able to provide informed consent
  • Making the request independently of external influences

Mental Illness

Mental Illness and Medical Assisted Dying

History

- E.F. - only individual with a mental illness in Canadian history to receive medical-assisted dying.

History

- April 13th, 2017 - Adam Maier-Clayton committed suicide after denied medical-assisted dying.

Critical Issues Paper

"Should Mental Illnesses Qualify as a Premise for Medical-Assisted Dying?"

Discussion #1: The Health Condition

Topic #1

Significance

  • Mental illnesses are associated with significant suffering, reduced quality of life and greater occurence of physical health concerns

FOR

  • WHO reports that mental illnesses account for several of the leading causes of disability

Treatment - Resistant

  • Treatment-Resistance: unresponsive to treatment interventions
  • 12% to 20% of individuals with depression are treatment-resistant

AGAINST

Subjectivity

Subjective measures for assessment of mental illnesses

Inconsistencies of Treatment Resistance

No operational definition of treatment-resistance

Discussion #2: Ability to Consent

Topic #2

Capacity for Consent

"you must also be mentally competent and capable of making decisions..."

Mental Competence

Decision Making

Against:

- Cognitive impairments leading to inability to understand information.

For:

- Cognitive impairments are not always present.

- Methods to enhance understanding.

Independence of Decision

Independence of Decision

Eligibility: Required to "make a voluntary request for medical assistance in dying that is not the result of outside pressure or influence"

- Suicidal ideations can be a symptom of mental illnesses.

- 4% to 47% of individuals requesting physician-assisted death were positive for the demonstration of depressive symptoms

Conclusion

Conclusion

- At this time, there is insufficient evidence to support mental illnesses as a basis for medical assisted dying.

Evidence Summarization

Summary

- Inconsistencies in defining "Treatment-Resistant".

- Difficulties assessing mental illnesses and symptoms.

- Cognitive impairment -> resulting in impaired ability to make informed decisions.

- Influence of mental illness on decision to request medical assisted dying.

Considerations for Care

- it is common for nurses to be the initial contact to be informed of the patients’ desire and request to receive physician-assisted death

Nursing Considerations

Legal Considerations

- incorrect understanding of the role of a nurse in medical-assisted dying.

References

References

Duffy, O. A. (2015, December 1).The supreme court of Canada ruling on physician-assisted death: Implications for psychiatry in Canada. The Canadian Journal of Psychiatry, 60(1), 591-596. Retrieved from http://journals.sagepub.com/doi/pdf/10.1177/070674371506001211

Government of Canada. (2017, October 27). Medical assistance in dying. Retrieved from https://www.canada.ca/en/health-canada/services/medical-assistance-dying.html

Martin, S. (2017, April 19). Canada’s assisted-dying laws must be open to those with mental illness. The Globe and Mail. Retrieved from https://www.theglobeandmail.com/life/health-and-fitness/health/canadas-assisted-dying-laws-must-be-open-to-those-with-mental-illness/article34753182/

Steinbock, B. (2017, September-October). Physician-assisted death and severe, treatment-resistant depression. Hastings Center Report, 47(5), 30-42. doi: 10.1002/hast.768

Terkamo-Moisio, A., Kvist, T., Kangasniemi, M., Laitila, T., Ryynänen, O. P., & Pietilä, A. M. (2017). Nurses’ attitudes towards euthanasia in conflict with professional ethical guidelines. Nursing Ethics, 24(1), 70-86. doi: 10.1177/0969733016643861

World Health Organization 2000). Mental health and work: Impact, issues and good practices. Retrieved from http://www.who.int/mental_health/media/en/712.pdf

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