Arbitrary six month limit for assisted dying would weaken arguments for reform, says renowned neurosurgeon

The renowned neurosurgeon and best-selling author, Dr Henry Marsh, has warned that legal assisted dying could be less likely if a law was restricted to those with only 6 months left to live. 

Speaking at an event for My Death, My Decision, inspired by his best selling book ‘Do No Harm’, Dr Marsh explored how his career as a pioneering neurosurgeon had impacted on his own relationship with death, as well as affirming his belief in the importance of patient choice. He also stressed the importance for mental wellbeing of access to nature within healthcare, something already available at many hospices. 

As part of the event, Dr Marsh reflected on the modern role of a doctor and whether it was confined to merely prolonging patients’ lives, or directed instead to relieving their suffering. Identifying strongly with the latter view, Henry spoke candidly about the limitations of modern medicine and how the experiences of his friends and family had helped to shape his own view that a patient’s quality of life matters more than just its length. 

Elsewhere Dr Marsh also spoke about his passionate support for assisted dying, and why he believed other doctors, especially within the palliative care community, are often afraid to voice their support for a change in the law, for fear of career repercussions. 

Finally, responding to a lengthy question and answer session, Dr Marsh expressed his hope that assisted dying would become legal in the future. However, challenging the view that assisted dying should be limited only to those who are terminally ill, Dr Marsh went on to warn that a narrow and arbitrary six-month law would deprive people with many of the most serious cases of any hope. 

He said, ‘I think the more demanding and serious cases are the ones with incurable suffering, people with motor-neurone disease, again early dementia, and my feeling is that we need to stick to our guns and make a rational case for it. Compromising over six months, I think actually in a sense weakens our case’… [Because opponents will say] ‘why six months? Why not five months? Why not nine months?’. 

Notes:

A full recording of the event can be found at: https://www.youtube.com/watch?v=ft2ZpVS0V5o

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

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A generation of assisted dying campaigners demand an inquiry into the law

Jane Nicklinson, one of the signatories of the letter, alongside her husband Tony, who had locked-in syndrome in the run-up to his death in 2012. Credit: Andi Reiss ‘Endgame’

The families and living claimants from most of the past right-to-die cases have come together for the first time, and called for an inquiry into assisted dying. In a joint letter, the campaigners, involved in more than two decades of legal cases, say that recent evidence now makes the case for an inquiry ‘overwhelming’ and have urged Parliament not to ‘turn a blind eye’ to the suffering caused by the current law. 

The intervention follows just days after a leading Conservative MP, Andrew Mitchell, claimed that assisted dying could now be legalised within four years. 

The full statement, published in The Guardian today, reads: 

We represent the families and living claimants of most of the previous assisted dying legal cases. We have come together, for the first time, because we now believe there is an overwhelming case to set up an inquiry into the law.

It has now been half a decade since Parliament last examined legislation to legalise assisted dying, and fifteen years since it formally scrutinised the evidence. In that time, the number of Britons travelling to Switzerland had rocketed sixfold; successive countries, including Canada, Germany, Italy, and parts of the United States and Australia have legalised assisted dying, demonstrating that such changes can be achieved in a safe and compassionate way; public opinion has dramatically risen to nearly 90% supporting a change in the law for the terminally ill and incurably suffering; and there has been a significant shift in medical opinion and from within the disability community.

Following our unsuccessful legal cases, it is now obvious that parliamentarians alone have a responsibility to look at this matter again. They must not allow our cases to become the final word on the matter, or else countless others will experience the indignity, suffering, and agony that we can attest that this law creates. 

The evidence on assisted dying has simply changed, and Parliament cannot afford to turn a blind eye any longer.

My Death, My Decision’s Chair Trevor Moore said: 

‘Since the UK Parliament last considered an assisted dying law, an increasing number of jurisdictions worldwide – Canada, several states in the US and Australia, and other European countries – have adopted or are actively considering assisted dying laws. Contrary to what opponents claim, these other countries have shown that an assisted death is a choice that stands alongside palliative care as part of end of life choices, not in opposition to it.

Meanwhile, as several opinion polls have confirmed, the public is now overwhelmingly in favour of an assisted dying law – well over 80% and as high as 90% for some scenarios.

Yet the UK Parliament remains deaf to the pleas of those who wish to avoid suffering painful and traumatic deaths, such as the brave campaigners who have brought  legal cases against the Government to allow an assisted death. 

The time for politicians to stop ducking this much-needed human right is now. We at My Death, My Decision remain committed in our campaign to achieve a law to embrace both the incurably suffering and the terminally ill.’

Notes:

For any more information or comment please contact My Death, My Decision’s Campaigns and Communications Manager at campaigns@mydeath-mydecision.org.uk.

Read more about My Death, My Decision’s campaign for an inclusive change in the law: https://www.mydeath-mydecision.org.uk/

My Death, My Decision is a grassroots non-profit organisation that campaigns for a balanced and compassionate approach to assisted dying in England and Wales. As a growing movement, we are at the forefront of social change: nearly 90% of the public now favours a change in the law to allow adults of sound mind, who are either terminally ill or facing incurable suffering, the option of a peaceful, painless, and dignified death.

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Parliament could legalise assisted dying within 4 years, says ex Cabinet Minister

Credit: DFID at https://bit.ly/2FZGXEP

Conservative MP, Andrew Mitchell, in a recent Sky News interview, suggests that the law on Assisted Dying may change within this parliament. ‘I was, as a student and as a young MP, adamantly opposed to Assisted Dying and over the years my view has changed completely’ he said. His comments have been welcomed by right-to-die campaigners, and follows after Daniel Kawcynski MP claimed his view on Assisted Dying had changed.

In his interview Andrew Mitchell goes on to say that the change he wishes to see is limited to those within six months of dying. However doctors point to the impossibility of accurately giving a life expectancy, leading to a broader definition of ‘terminally ill’ in Scotland, with calls for similar changes in England and Wales.

Meanwhile, Canada’s law is evolving to remove any requirement to predict life expectancy and follows a more flexible approach. Because doctors are unable to accurately predict life expectancy, that flexibility overcomes a significant medical concern. The Canadian step-by-step approach shows a cautious, careful development, not the ‘slippery slope’ hyped by opponents.

MDMD’s Lead Campaign Commentator, Phil Cheatle, said:

 ‘It is gratifying to see MPs increasingly changing their minds in favour of assisted dying. However, in his proposal Andrew Mitchell fails to address the weaknesses of the arbitrary six month limit. As Lord Neuburger put it in the Tony Nicklinson legal case, ‘There seems to me to be significantly more justification in assisting people to die if they have the prospect of living for many years a life that they regarded as valueless, miserable and often painful, than if they have only a few months left to live.’ (Tony Nicklinson suffered from locked in syndrome – a non-terminal condition which made his life intolerable for him.)’

‘What is needed is a thorough and open evaluation of the options for assisted dying legislation, learning from countries like Canada, before picking any particular approach. In particular, we need to ensure that anyone who feels they might be vulnerable to inappropriate use of assisted dying legislation has adequate protection. We also need to avoid arbitrary restrictions that would prevent access to the legislation for some of those facing incurable suffering, when that is their own, informed and settled wish. With the rise in incurable degenerative diseases, many people are “dying” for much longer than six months. Appropriate use of the legislation should be determined by incurable suffering, in whatever form that takes, and personal choice, not unreliable estimates of life expectancy.’

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