http://www.ravallirepublic.com/news/opinion/mailbag/article_155276c2-3c08-11e2-a232-001a4bcf887a.html
Brad Williams is correct that assisted-suicide is not legal in Montana. (Legalization could lead to abuse). The Montana Supreme Court's assisted-suicide case, Baxter v. State, limited its holding to giving doctors who assist a suicide a potential defense if those doctors are charged with homicide for the death of their patients. There are several steps that the doctor must demonstrate to perfect the defense.
Baxter did not invalidate our homicide statutes. Baxter did not overrule our case law allowing family members to sue an attending physician for negligence, malpractice, or wrongful death.
As an attorney in private practice, I did my share of wills, probates and estates. I observed that some heirs did not care as much for the elderly as they did for the elderly person's assets.
With the legalization of assisted-suicide, heirs would be encouraged to suggest, cajole or coerce older people to kill themselves, i.e., before such persons are able to change their wills, give their money to charity or simply spend it. Legal assisted suicide is a recipe for elder abuse.
Jim Shockley
Senate District 45
Saturday, December 1, 2012
Thursday, November 29, 2012
Legal assisted suicide Orwellian and discriminatory
http://www.ravallirepublic.com/news/opinion/mailbag/article_10cd3eb4-39cb-11e2-b954-0019bb2963f4.html?print=true&cid=print
November 28, 2012
Dear Editor:
I am confused by the ongoing dispute about whether we should legalize assisted suicide in Montana. I am a medical doctor whose patients include incarcerated persons. Law enforcement, jails and prisons are mandated to monitor for signs of depression and suicidal ideation, and to identify, intervene and/or initiate treatment. We are told that our failure to do so would be a significant breach of an inmate's civil rights. Yet according to proponents of assisted suicide, patients also have a right to receive a doctor's assistance with the suicide. This makes no sense.
On the one hand, you have a group of people (prisoners) who suffer from situational depression due to their circumstances. Suicide attempts in this population are not rare. On the other hand, you have a group of people (persons diagnosed with a terminal diagnosis) who suffer from situational depression due to their circumstances. Why is one group entitled to protection and the other is not? Is it because with the second group, you call it "aid in dying" because people are dying anyway? They may not be dying anyway. Doctors diagnoses can be wrong. I have seen patients in my own practice live longer than expected. What about an older inmate? Would he be entitled to protection or a lethal dose? This all strikes me as very Orwellian and also discriminatory to people labeled terminal. I thought freedom from discrimination was a constitutional right.
I have seen suicidal people get better and rebuild lives that looked pretty grim. I do not agree that doctors or anyone else should be steering people to suicide in Montana. I hope that our legislature will clarify once and for all that assisted suicide is not legal in Montana.
Carley C. Robertson, Havre
November 28, 2012
Dear Editor:
I am confused by the ongoing dispute about whether we should legalize assisted suicide in Montana. I am a medical doctor whose patients include incarcerated persons. Law enforcement, jails and prisons are mandated to monitor for signs of depression and suicidal ideation, and to identify, intervene and/or initiate treatment. We are told that our failure to do so would be a significant breach of an inmate's civil rights. Yet according to proponents of assisted suicide, patients also have a right to receive a doctor's assistance with the suicide. This makes no sense.
On the one hand, you have a group of people (prisoners) who suffer from situational depression due to their circumstances. Suicide attempts in this population are not rare. On the other hand, you have a group of people (persons diagnosed with a terminal diagnosis) who suffer from situational depression due to their circumstances. Why is one group entitled to protection and the other is not? Is it because with the second group, you call it "aid in dying" because people are dying anyway? They may not be dying anyway. Doctors diagnoses can be wrong. I have seen patients in my own practice live longer than expected. What about an older inmate? Would he be entitled to protection or a lethal dose? This all strikes me as very Orwellian and also discriminatory to people labeled terminal. I thought freedom from discrimination was a constitutional right.
I have seen suicidal people get better and rebuild lives that looked pretty grim. I do not agree that doctors or anyone else should be steering people to suicide in Montana. I hope that our legislature will clarify once and for all that assisted suicide is not legal in Montana.
Carley C. Robertson, Havre
Assisted suicide makes it easier to cover up elder abuse, even murder
http://www.ravallirepublic.com/news/opinion/mailbag/article_3fafcdd7-df10-5c31-baa6-d51d57078f77.html?print=true&cid=print
November 29, 2012
Re: Assisted Suicide and Elder Abuse
This letter responds to your recent AP article about assisted-suicide (Associated Press, Nov. 16). I write to emphasize elder financial abuse as a reason to keep assisted suicide out of Montana.
The landmark 2009 report by MetLife Mature Market Institute describes elder financial abuse as a crime “growing in intensity.” (See www.metlife.com/assets/cao/mmi/publications/studies/mmi-study-broken-trust-elders-family-finances.pdf, p.16.) The perpetrators are often family members, some of whom feel themselves “entitled” to the elder’s assets (Id, pp. 13-14.) The report states that they start out with small crimes, such as stealing jewelry and blank checks, before moving on to larger items or coercing elders to sign over the deeds to their homes, change their wills or liquidate their assets (Id, p. 14.) The report states that victims “may even be murdered” by perpetrators (Id., p. 24.)
With legal assisted suicide in Oregon and Washington state, perpetrators are instead able to take a “legal” route by getting an elder to sign a lethal dose request. Once the prescription is filled, there is no supervision over administration. The elder could be cajoled or coerced into taking the lethal dose, for example, while under the influence of alcohol. The lethal dose could be administered while the elder slept. If he awoke and struggled, who would know?
Alex Schadenberg,
Euthanasia Prevention Coalition,
London, Ontario, Canada,
The landmark 2009 report by MetLife Mature Market Institute describes elder financial abuse as a crime “growing in intensity.” (See www.metlife.com/assets/cao/mmi/publications/studies/mmi-study-broken-trust-elders-family-finances.pdf, p.16.) The perpetrators are often family members, some of whom feel themselves “entitled” to the elder’s assets (Id, pp. 13-14.) The report states that they start out with small crimes, such as stealing jewelry and blank checks, before moving on to larger items or coercing elders to sign over the deeds to their homes, change their wills or liquidate their assets (Id, p. 14.) The report states that victims “may even be murdered” by perpetrators (Id., p. 24.)
With legal assisted suicide in Oregon and Washington state, perpetrators are instead able to take a “legal” route by getting an elder to sign a lethal dose request. Once the prescription is filled, there is no supervision over administration. The elder could be cajoled or coerced into taking the lethal dose, for example, while under the influence of alcohol. The lethal dose could be administered while the elder slept. If he awoke and struggled, who would know?
Alex Schadenberg,
Euthanasia Prevention Coalition,
London, Ontario, Canada,
Assisted Suicide is not legal
http://www.greatfallstribune.com/apps/pbcs.dll/article?AID=2012311260039&nclick_check=1
In the Nov. 16 Tribune article, Brad Williams is correct; assisted-suicide is not legal in Montana. The Montana Supreme Court decision, Baxter v. State, merely gives doctors a potential defense to prosecution for homicide. In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, neither of which passed. His bill sought to legalize assisted-suicide; mine sought to eliminate the defense.
During the hearing on Blewett's bill, he conceded that assisted-suicide was not legal under Baxter. He said, "Under the current law ... there's nothing to protect the doctor from prosecution." Similar statements were made by others. For example, Dr. Stephen Speckart testified, "Most physicians feel significant 'dis-ease,' with the limited safeguards and possible risk of criminal prosecution after the Baxter decision." To view a transcript, see: http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf
Legal assisted-suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives. Assisted-suicide is not legal in Montana. The potential defense to prosecution is, however, a "toe in the door," which could lead to legalization in the future. Tell your legislators that you support reversing the defense to keep assisted-suicide out of Montana.
Sen. Greg Hinkle,
Thompson Falls
In the Nov. 16 Tribune article, Brad Williams is correct; assisted-suicide is not legal in Montana. The Montana Supreme Court decision, Baxter v. State, merely gives doctors a potential defense to prosecution for homicide. In the 2011 legislative session, Sen. Anders Blewett and I introduced competing bills in response to Baxter, neither of which passed. His bill sought to legalize assisted-suicide; mine sought to eliminate the defense.
During the hearing on Blewett's bill, he conceded that assisted-suicide was not legal under Baxter. He said, "Under the current law ... there's nothing to protect the doctor from prosecution." Similar statements were made by others. For example, Dr. Stephen Speckart testified, "Most physicians feel significant 'dis-ease,' with the limited safeguards and possible risk of criminal prosecution after the Baxter decision." To view a transcript, see: http://maasdocuments.files.wordpress.com/2011/07/blewett_speckhart_trans_001.pdf
Legal assisted-suicide is, regardless, a recipe for elder abuse in which heirs are empowered to pressure and abuse older people to cut short their lives. Assisted-suicide is not legal in Montana. The potential defense to prosecution is, however, a "toe in the door," which could lead to legalization in the future. Tell your legislators that you support reversing the defense to keep assisted-suicide out of Montana.
Sen. Greg Hinkle,
Thompson Falls
Wednesday, November 28, 2012
Assisted suicide prompts some terminally ill patients to give up on life prematurely
http://www.ravallirepublic.com/news/opinion/mailbag/article_e05fa28b-dd72-5688-a321-654cc86fc213.html?print=true&cid=print
(Scroll down to listen to radio ad featuring Jeanette Hall and Paul Gorsuch MD - 03 23 13)
November 28, 2012
In 2000, I was diagnosed with cancer and told that I had six months to a year to live. I knew that our law had passed, but I didn’t know exactly how to go about doing it. I did not want to suffer, and I did not want to do radiation. I wanted Stevens to help me, but he didn’t really answer me.
Instead, he encouraged me to not give up and ultimately I decided to fight the cancer. I had both chemotherapy and radiation. I am so happy to be alive!
It is now 12 years later. If Stevens had believed in assisted suicide, I would be dead. I thank him and all my doctors for helping me choose “life with dignity.” Assisted suicide should not be legal.
Thank you so much.
Jeanette Hall,
King City, Oregon
Listen to Radio ad with Jeanette Hall and Paul Gorsuch MD
(Scroll down to listen to radio ad featuring Jeanette Hall and Paul Gorsuch MD - 03 23 13)
November 28, 2012
Thank you for publishing the letter by Dr. Ken Stevens describing how he talked his patient out of doing assisted suicide in Oregon (Missoulian, online only). I am that patient and he did save my life.
In 1997, I voted for the initiative that legalized assisted suicide in Oregon.
In 1997, I voted for the initiative that legalized assisted suicide in Oregon.
In 2000, I was diagnosed with cancer and told that I had six months to a year to live. I knew that our law had passed, but I didn’t know exactly how to go about doing it. I did not want to suffer, and I did not want to do radiation. I wanted Stevens to help me, but he didn’t really answer me.
Instead, he encouraged me to not give up and ultimately I decided to fight the cancer. I had both chemotherapy and radiation. I am so happy to be alive!
It is now 12 years later. If Stevens had believed in assisted suicide, I would be dead. I thank him and all my doctors for helping me choose “life with dignity.” Assisted suicide should not be legal.
Thank you so much.
Jeanette Hall,
King City, Oregon
Listen to Radio ad with Jeanette Hall and Paul Gorsuch MD
Monday, November 26, 2012
A Recipe for Elder Abuse
http://www.ravallirepublic.com/news/opinion/mailbag/article_3281ea75-6f64-5731-9764-fda7272c9deb.html
Dear Editor:
I agree with the (Nov. 21) letter by Dr. David Hafer, that legal assisted suicide is a recipe for elder abuse.
I am a physician with a high percentage of older patients. I have had the painful misfortune of personally observing countless instances of elder abuse. The motive is usually financial gain.
Legalization of assisted suicide will give perpetrators yet another weapon. This is especially a concern because assisted-suicide proponents have targeted our state. I fear for my patients.
Annie Bukacek, Kalispell
Dear Editor:
I agree with the (Nov. 21) letter by Dr. David Hafer, that legal assisted suicide is a recipe for elder abuse.
I am a physician with a high percentage of older patients. I have had the painful misfortune of personally observing countless instances of elder abuse. The motive is usually financial gain.
Legalization of assisted suicide will give perpetrators yet another weapon. This is especially a concern because assisted-suicide proponents have targeted our state. I fear for my patients.
Annie Bukacek, Kalispell
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