Ted Friesen Published!

http://missoulian.com/news/opinion/mailbag/end-of-life-keep-assisted-suicide-illegal-in-state/article_a304190a-350b-11e4-bc38-0019bb2963f4.html

Dear Editor:

I was glad to see the August 21 opinion piece disputing the false claim that assisted suicide is legal in Montana.

I retired from the Motion Picture Pension and Health Plans in Studio City, California, as the chief financial officer. One reason that I retired to Montana was that I had the perception that it was senior-citizen friendly, unlike Oregon and Washington, which have adopted laws allowing doctors and family members to assist them in killing themselves. That was repugnant to me.

Of course, now that I am in Montana, I find myself in a state targeted for the legalization of assisted suicide/euthanasia by the former Hemlock Society, now known as Compassion & Choices.

With the opinion piece describing the additional mission of that organization to discourage patient cures and to defend Medicaid against individual patient choices, I see that I have even more reason to be concerned about that organization’s agenda.

I have also read the opinion piece by Compassion & Choices President Barbara Combs Lee, which can be viewed at this link: maasdocuments.files.wordpress.com/2014/08/barbaracoombsleeagainstwagner1.pdf.

Therein, Combs Lee not only discourages individual choices and defends Medicaid, she effectively argues that she and her organization know better than individual patients acting in conjunction with their doctors (page 2, paragraph 3). While I recognize that doctors can at times be wrong and not make the best decision, I don’t want her or her organization making decisions for me. It’s my life.

Let’s keep assisted suicide, euthanasia and the rest of Compassion & Choices’ agenda out of Montana.

Ted Friesen, Bigfork

Legalization of 'assisted suicide' leading to increase in reports of involuntary deaths

http://missoulian.com/news/opinion/mailbag/legalization-of-assisted-suicide-leading-to-increase-in-reports-of/article_5d456780-2975-11e4-a660-0019bb2963f4.html

I am president of the Hospice Patients Alliance. We are a charitable patient advocacy organization acting to preserve the original hospice mission to promote quality care at the end of a person’s life. I am writing in response to Gail Bell’s letter describing medical personnel over-reaching which caused the death of her mother.  [To view Gail Bell's letter, go here ]

A hidden and disturbing issue that I see in my work is the misuse of “terminal,” “palliative” and/or “total” sedation to end the life of a patient who is not otherwise dying, often instigated by a family member who stands to gain.

Consider the 2012 case against Kaiser Health Care. According to an article describing court documents, doctors killed the patient, a wealthy older man, in four hours and 40 minutes through a “terminal extubation,” which included a morphine overdose that “effectively ended oxygen support.” The patient’s daughters had allegedly urged this result in order to obtain large inheritances. See William Dotinga, “Grim Complaint Against Kaiser Hospital,” Feb. 6, 2012, available at www.courthousenews.com/2012/02/06/43641.htm. Moreover, per the article, court documents say that the doctors’ actions “caused the death of a relatively healthy, wealthy man with many more years to live and love.“

In some cases, the imposed death is due to a doctor’s assessment of the patient’s “quality of life” as opposed to the patient’s desire to live. This is often the case if the patient is disabled or elderly, or declared incompetent. Assisted “suicide” in these cases is clearly imposed death.

With the push to legalize assisted suicide, I have seen increased reports of involuntary deaths. Now, Bell’s report.

Death with dignity is never achieved by imposing death through “stealth euthanasia” or assisted suicide.

Ron Panzer, president,
Hospice Patients Alliance,

Rockford, Michigan

Montana's Law Protected Me

http://missoulian.com/news/opinion/mailbag/physician-assisted-suicide-no-support-from-this-quadriplegic/article_96fd887e-1e47-11e4-8c4c-001a4bcf887a.html

I have read the guest column, "People living with disabilities support death with dignity" (July 25), which advocates for legalizing assisted suicide and/or euthanasia for the disabled. I could be described as such a person and this opinion does not speak for me. I am strongly against legalizing these practices.

When I was in high school, I was on track to get a basketball scholarship to college. And then, I was in a car accident. The accident left me in a wheelchair, a quadriplegic. In addition to my paralysis, I had other difficulties. Over the next two or three years, I gave serious thought to suicide. And I had the means to do it, but both times I got close, I stopped myself.

If instead, my doctor, an authority figure, had told me that ending my life was a rational course, there might have been a different result. If instead, he had given me a lethal dose to ingest or offered to euthanize me, I might have gone along with it. But assisted suicide and euthanasia were not legal in Montana. Such courses were off the table.

So, instead, I went to college to seek a degree in education. While in college, I participated in wheelchair racing at the state, national and international levels. I met my husband and 21 years later the honeymoon is not over. We have three beautiful daughters and a new baby granddaughter. I am also active in my community.

Montana's law protected me and I hope it will stay in place to continue to protect me and others as we go through the sometimes hard times of life.

Assisted suicide and euthanasia should not be legal.

Lucinda Hardy, Columbia Falls

Lucinda Hardy: Montana's Law Protected Me

Racing Wheelchair

As published in the Missoulian

I have read the guest column, "People living with disabilities support death with dignity" (July 25), which advocates for legalizing assisted suicide and/or euthanasia for the disabled. I could be described as such a person and this opinion does not speak for me. I am strongly against legalizing these practices.

Mother's death provided painful, personal example of need to stop assisted suicide

"Others dictated for her."

http://missoulian.com/news/opinion/mailbag/mother-s-death-provided-painful-personal-example-of-need-to/article_3c8a1d98-1a9c-11e4-bb8e-001a4bcf887a.html

The July 25 guest column by Sara Myers and Dustin Hankinson begins with a discussion of pain, “great pain,” specifically. The paragraph goes on to use the phrase “great pain” to justify “death with dignity,” meaning assisted suicide and euthanasia.

With their column, I couldn’t help but think of my mother’s last years and the decision of others that it was time for her to die. Pain was used as a justification for increases in her medication – to get the job done. This happened three times before she finally died in the hospital on Sept. 6, 2010. The coroner’s report, case No. 100906, lists the cause of death as congestive heart failure with oxygen deprivation and “fentanyl therapy.” The manner of death is listed as “accident.”

In Montana, Elder Abuse a Growing Concern

http://missoulian.com/lifestyles/booming/elder-abuse-a-growing-concern/article_8b895eb2-0210-11e4-bf33-001a4bcf887a.html

July 03, 2014 7:45 am  •  By MICHAEL HAGENLOCK for the Missoulian

Did you know that every day 10,000 people turn 65 in the United States? According to U.S. Department of Health and Human Services, that trend is going to continue for nearly the next 20 years.

At the same time this population is growing, we know that a startling number of elders face abusive conditions. Every year an estimated 5 million older Americans are victims of abuse, neglect or exploitation.

But that’s only part of the picture. Experts believe that for every case of elder abuse or neglect reported, about 24 cases go unreported. The U.S. census predicts that by 2015 Montana will have the nation’s fourth-oldest population and that by 2025, 25 percent of Montana will be 65 or older. By 2030, the number is expected to double.

Protect your health care; keep assisted suicide out of Montana

http://missoulian.com/news/opinion/mailbag/protect-your-health-care-keep-assisted-suicide-out-of-montana/article_80004bcc-ae06-11e3-99f7-001a4bcf887a.html

I am a doctor in Oregon, where physician assisted suicide is legal. I have been following the ongoing attempt to legalize assisted suicide in Montana.

I was first exposed to this issue in 1982 shortly before my first wife died of cancer. We had just visited her doctor. As we were leaving, he had suggested that she overdose herself on medication. I still remember the look of horror on her face. She said “Ken, he wants me to kill myself.“

In Oregon, the combination of assisted-suicide legalization and prioritized medical care based on prognosis has created a danger for my patients on the Oregon Health Plan (Medicaid). Helpful treatments are often not covered. The plan will cover the patient’s suicide. For more detail, please read my affidavit filed on behalf of the Canadian government at http://maasdocuments.files.wordpress.com/2012/09/signed-stevens-aff-9-18-12.pdf 

Our assisted suicide law was passed in 1997. In 2000, one of my patients was adamant she would use our law. I stalled her and ultimately convinced her to be treated instead. Nearly 14 years later she is thrilled to be alive.

Protect your health care, yourselves and your families. I urge you to tell your elected officials to keep assisted suicide out of Montana.

Kenneth Stevens,
Sherwood, Ore.

"My concerns about legalizing assisted suicide include that it will encourage 'lazy doctoring.'”

http://helenair.com/news/opinion/readers_alley/against-physician-assisted-suicide/article_7b17e3b6-9b57-11e3-ab51-001a4bcf887a.html

I am a general medical practitioner, with 30 years experience. I was glad to see that Montanans Against Assisted Suicide has decided to appeal its case with the Montana Medical Examiner Board to the Montana Supreme Court. My hope is that the appeal will end the controversy about assisted suicide possibly being legal in Montana.

My concerns about legalizing assisted suicide include that it will encourage “lazy doctoring.” I say this because it is easier for a doctor to write a prescription (to end the patient’s life,) as opposed to doing the sometimes hard work of figuring out what is wrong with a patient and providing treatment. I am also concerned that legalization will give bad doctors the opportunity to hide malpractice by convincing a patient to take his or her life.

The American Medical Association, Ethics Opinion No. 2.211, states: “Physician-assisted suicide is fundamentally incompatible with the physician’s role as healer, would be difficult or impossible to control, and would pose serious societal risks.”

I agree with this statement. Allowing legalization of physician-assisted suicide in Montana will compromise and corrupt my profession. Legalization will also put the lives and well-being of my patients at risk.

Carley C. Robertson, MD
Havre MT

Supreme Court must decide suicide issue

http://billingsgazette.com/news/opinion/mailbag/supreme-court-must-decide-suicide-issue/article_93397931-2907-50d1-9c45-774bb42c5a68.html

I have been following the assisted suicide issue closely for the previous several years. I am happy to see that Montanans Against Assisted Suicide is appealing its court case to the Montana Supreme Court. In the past two legislative sessions there have been bills brought before the House and the Senate for and against legalizing assisted suicide. Compassion and Choices [the former Hemlock Society] claims that assisted suicide is already legal in the state (it is not). That false rhetoric has carried to other news mediums, out-of-state legislative bodies and the general public . . . .

We need clarification on this issue once and for all. The Montana Medical Board of Examiners conduct in adopting their position paper, implying that assisted suicide is legal, was a dreadful overstep of its authority, complicated by failing to give public notice regarding the issue.  [See MAAS petition here]

This issue will not go away until the Supreme Court undoes the mess it made with Baxter and resolves the issue by reversing the Baxter decision. The medical profession still has the respect of society. We must not allow that respect to be destroyed by putting this kind of power in the hands of doctors. Doctors can be wrong, yet the doctor is the one who ultimately will decide whether that patient is ready to die or not. This will change medical practice as we know it forever; the trust factor between patient and doctor will be destroyed.

Dr. David W. Hafer
Dayton, MT

MAAS Will Appeal

On December 13, 2013, District Court Judge Mike Menehan dismissed MAAS's appeal with the Montana Medical Examiners Board. The order ruled that the appeal was moot due to the Board's having recently rescinded "Position Statement No. 20."  (Order, pp. 5-8).  The order also refers to Montana's assisted suicide case, Baxter v. State, as providing a defense to a homicide charge, as follows:

On December 31, 2009, the Montana Supreme Court issued its opinion in Baxter v. State, 2009 MT 449, 354 Mont. 234, 224 P.3d 1211, in which it held that under section 45-2-211 MCA, a terminally ill patient's consent to physician aid in dying constitutes a statutory defense to a physician charged with the criminal offense of homicide.  (Order, page 2, lines 17-21).

This part of the order is consistent with Greg Jackson's and Matt Bowman's article, Baxter Case Analysis, Spring 2010 ("the Court's narrow decision didn't even "legalize" assisted suicide"). Available at http://www.choiceillusionmontana.org/p/baxter-case-analysis.html

Since Baxter, there have been two bills proposed in the Montana Legislature to legalize assisted suicide.  Both bills, SB 167 and SB 220, have failed.  Assisted suicide is not legal in Montana.

MAAS is disappointed with the dismissal, but pleased with that the order addresses Baxter, over which there is ongoing controversy as to its meaning..  MAAS will appeal.

* * *

For information about problems with assisted suicide and how it puts people at risk, see http://www.choiceillusionmontana.org/p/quick-facts-about-assisted-suicide.html 

Judge Hears Assisted Suicide Arguments

http://www.kxlf.com/news/montana-judge-hears-assisted-suicide-arguments/

Posted: Dec 11, 2013 4:38 PM by Sanjay Talwani - MTN News

HELENA - The issue of physician assisted suicide was in court Tuesday [December 10, 2013]

Judge Michael Menehan

Montanans Against Assisted Suicide is arguing that a policy position by the Montana Board of Medical Examiners implies that physician assisted suicide may be legal. 

A lawyer for the Board says that the position - since rescinded, says no such thing. Michael Fanning says the group bringing the lawsuit has no real case is trying to force the issue to the Montana Supreme Court.

The position paper, written in response to doctor inquiries, said that the board would handle complaints related to assisted suicide on a case-by-case basis as it would other cases.

Margaret Dore
Attorney for Montanans
Against Assisted Suicide (MAAS)

Margaret Dore, an attorney for MAAS, said the paper overstepped the Board's authority and implied to many that assisted suicide was legal in Montana.

"They are a board that is comprised of 11 doctors and two members of the public," she said. "It has no expertise to be making a pronouncement, that aid in dying is legal in Montana. That's the role of the legislature or a court and they are neither."

She said that such an understanding had huge implications in devaluing the lives of the sick and elderly.

That position paper - in response to the lawsuit - has since been rescinded by the Board and scrubbed from its website. But Dore said court action was still needed to prevent the Board from reinstating such a position.

She repeatedly asked District Judge Mike Menahan to weigh in on a Montana Supreme Court ruling known as Baxter, that envisions potential defenses to doctors charged with homicide for assisting with suicide.

But Menehan said it wasn't the role of a district judge to rule on a Montana Supreme Court order.

Craig Charlton

Attorney for MAAS

Michael Fanning, an attorney for the Board, said MAAS had no standing to bring the lawsuit, has suffered no damages from the Board's rescinded position and was simply jockeying to get the case before the Montana Supreme Court in hopes of overturning the Baxter ruling.

"This most certainly is a political question, a philosophical question or an academic debate, but it is not a lawsuit," he said. "In fact, this is a feigned case. It was contrived simply to bring this matter before you."

Menahan did not immediately rule on the case.

[Montanans Against Assisted Suicide (MAAS) is also represented by attorney Craig Charlton].

Great Falls Event a Great Success!

MAAS's Great Falls event at the Hilton Garden Inn on June 29, 2013 was a great success!  Keynote speaker Alex Schadenberg provided good humor and shared his wealth of knowledge of the international situation on assisted suicide.

Washington State Attorney, Margaret Dore, provided extensive course materials, which can be viewed by clicking here.  Attorneys were provided 1.0 CLE credit.

Feedback comments included: "I was very moved by the personal stories of the presenters" and "Carol Mungas, Carley Robertson, very powerful personal testimonies."  To view other comments, please click here.

To view the event flyer, click here.  To sponsor a similar event in your community, please click here.