Competing Paradigms of Response to Assisted Suicide Requests in Oregon
Traditional Clinical Model
Assisted Suicide Competency Model
Request for Assisted Suicide by a Psychiatric Patient
Mr. A, a 63-year-old lung cancer patient, made a telephone call to Physicians for Compassionate Care, a medical group dedicated to improving the care of the seriously ill and opposed to the practice of assisted suicide. He told the volunteer who answered the phone that he had just arrived home from his doctor’s office after receiving a diagnosis of terminal cancer, and he wanted to find out how he could get the assisted suicide drugs. Although he did not say so, apparently he thought he had dialed the Compassion in Dying Federation, a politically active assisted suicide group that shepherds the vast majority of assisted suicides in Oregon. One of the authors (C.A.H.) was the volunteer who answered the phone. Believing that this man needed to talk, she started asking questions: What kind of cancer? Did his doctor discuss treatment options? What about chemotherapy?Mr. A sounded distraught. He explained that he saw no purpose in undergoing chemotherapy. Although he had just received his prognosis, he was already making funeral arrangements. He said, “I might as well just end it.” When C.A.H. empathized with how upset he must be having just received such a dire prognosis, he became tearful. She asked him if he had a family support network. He replied that he had a daughter but did not want to tell her about his cancer because she was moving out of the state to attend graduate school, and he did not want to interfere with her education. He said he lived alone.C.A.H. explained her views on assisted suicide and assured him that good palliative care was available for any symptoms he might develop. He wasn’t experiencing pain at the time and was working as a computer technician. As she would have with any other suicidal individual, she told him she did not want him to kill himself. She offered to help him find treatment for his depression and promised to advocate for him if he needed assistance finding a doctor who could treat pain or any other symptoms that he felt were not being addressed.In subsequent conversations, Mr. A revealed that he had been haunted by suicidal feelings ever since his mother died from a self-inflicted gunshot wound when he was 21. Shortly after her death, he attempted suicide himself and was treated for depression in a psychiatric hospital. He made at least two other suicide attempts and remained preoccupied with suicide. Later, he developed alcoholism but joined Alcoholics Anonymous and had been sober for more than 20 years.C.A.H. kept in monthly contact with Mr. A over the telephone during the next year. With encouragement, he started chemotherapy and radiation treatment, which alleviated his shortness of breath significantly, he reported. He also started taking an antidepressant that his primary care doctor prescribed for his depression. With urging, he told his daughter about his cancer. She gladly postponed her graduate studies and returned to Oregon.Although he continued to be suspicious, kept a variety of loaded assault weapons, and maintained elaborate computerized surveillance cameras around the perimeter of his property, Mr. A began, for the first time in years, to allow a few people, including his daughter and C.A.H., into his home. He provided permission to communicate with his primary care doctor, if it became necessary, and C.A.H. initiated monthly supportive home visits while continuing the telephone calls. Additionally, she did such things as call his doctor’s office concerning pain care and talk with family members or friends about his care. His daughter began to reside with him to help with transportation and meals and walk his beloved 100-lb yellow laborador.Near the anniversary of receiving his terminal prognosis, Mr. A announced, “I have the pills.” He said he had obtained the overdose from Dr. B, a known assisted suicide activist who had previously published an article that described giving an overdose to a female patient, one who also had been diagnosed with depression (3, 19). Reports indicated that the woman had been referred for a competency evaluation (3, 16, 19), which had cleared her for assisted suicide approximately 2 weeks after she had met Dr. B. In contrast to that case, Mr. A was not referred for a mental health evaluation. According to Mr. A’s daughter, who accompanied him to the appointment, Dr. B said that he did not think a psychiatric consultation would be “necessary.” Years later, in a telephone conversation between one of the authors (N.G.H.) and Dr. B about this case, it was revealed that Dr. B had not known about Mr. A’s history of prior suicide attempts and would have gotten a lot more evaluation if they had been known.Mr. A mentioned that another doctor associated with the Compassion in Dying Federation had been calling him regularly to talk with him about the assisted suicide option. He had seen this doctor on a television show, and the program had “convinced me it [assisted suicide] was the way to go.” When asked if that doctor knew about his depression and suicide attempts, he replied that they “didn’t get into that. Our conversations have been superficial.”Six months later, after failing to reach him for several days, C.A.H. went to his house. No one was there, and the dog was gone. She called his primary doctor to see if something had happened. The nurse told her that Mr. A had begun having more “mental problems” and had been admitted to the psychiatry ward.According to the hospital’s psychiatric report, Mr. A’s ex-sister-in-law had begun pursuing guardianship, and he had grown upset about it. His doctor had become worried that he was increasingly suicidal—or even homicidal—and the doctor had arranged for him to be placed on involuntary hold.An emergency room physician’s report showed that Mr. A had been evaluated for “possible suicidal or homicidal ideation.” Reports from the same date by a psychiatric social worker and a mental health technician both described possible suicidal and homicidal ideation. The social worker’s report mentioned that threats may have been made by Mr. A toward a hospice nurse and toward his own daughter. Both reports documented the history of a previous overdose after his mother’s suicide. Mr. A was admitted to the hospital that day. When the inpatient psychiatrist dictated a report the next day, however, possible homicidal comments were featured prominently in the chief complaint, and suicidal intentions were all subsumed under discussion of an interest in assisted suicide. The psychiatrist’s report mentioned no history of suicide attempts and no attempt to reconcile this comment with documentation from emergency room personnel that there was a history of suicide attempts. Other than these two omissions and the failure to account for the paranoia mentioned by the emergency room doctor, the psychiatric record was fairly consistent with the known history.The inpatient psychiatrist noted that Mr. A had a diminished appetite and had lost 70 lb but that his sleep was adequate with the numerous sedative medications he was taking. Mr. A reported confusion and some memory problems. In addition to sertraline, his medications included diazepam, temazepam, hydromorphone, and oral morphine solution.The mental status report described Mr. A as thin and tearful. His speech was clear. His affect was discouraged. His thought processes were well organized, and he reported no thoughts of harming himself or others. Paranoia was not mentioned in his psychiatric examination. He was alert and oriented and judged to have above-average intelligence. The results of laboratory studies showed that his hemoglobin was mildly low (12.4 g/dl), but his blood count and chemistry screen results were otherwise normal.In the discharge summary, the psychiatrist recorded this final note: “DSM-IV diagnoses. Axis I: depressive disorder not otherwise specified. Chronic adjustment disorder with depressed mood. Probably delirium, intermittent. Axis II: narcissistic personality traits. Axis III: lung cancer with guarded prognosis. Axis IV: moderate to severe. Axis V: current GAF [Global Assessment of Functioning score] 45.”A social worker home visit revealed that Mr. A’s home was uninhabitable, with heaps of clutter, rodent feces, ashes extending 2 feet from the fireplace into the living room, and a lack of food and heat. Thirty-two firearms and thousands of rounds of ammunition were removed by the police. The lethal medications, however, were left. Concerning the need for attendant care, a palliative care consultation provided by a hospitalist said the fact that Mr. A had “life-ending medications” may make that problem “a moot point.”The day after discharge, the same psychiatrist who said Mr. A kept the assisted suicide drugs “safely at home” wrote a letter supporting guardianship by saying he “is susceptible to periods of confusion and impaired judgment.” He concluded that Mr. A was unable to handle his own affairs and that his cognitive impairments were unlikely to improve. As court records later revealed, his primary care doctor had written a similar letter in which he stated, “I do support guardianship…as I think both his disease process and the medications needed to control his level of pain are impairing his judgment and ability to care for himself.” On the basis of this and similar information, a judge declared Mr. A incompetent to make his own medical decisions and assigned him a temporary guardian. Nevertheless, the assisted suicide drugs remained in his home. The guardianship officially lapsed after a month and was not renewed. During the same telephone conversation between N.G.H and Dr. B years after this case, it was revealed that Mr. A’s daughter had informed Dr. B about the finding of incompetence but that the doctor was not sure of having the legal right to retrieve the assisted suicide drugs once Mr. A was determined incompetent. At any rate, Dr. B wasn’t sure that would have been the right thing and commented, “That was a dilemma.”Dr. B expressed confidence that nothing illegal had been done. In Oregon, the law specifically states that patients must be considered competent to make legal decisions if a doctor is to give them assisted suicide drugs. They cannot be given the drugs if they are deemed incompetent, and drugs can only be given by the assisted suicide doctors or the consultants themselves. No formal psychiatric assessment of mental capacity is required. Neither is there a provision to retrieve the overdose should the patient become incompetent later. Thus, Dr. B’s dilemma. At any rate, assisted suicide doctors, given goodwill, are provided immunity in Oregon from any legal liability, regardless of which way they decide to deal with the dilemma about whether or not to retrieve assisted suicide drugs given to a patient. In this case, Dr. B ultimately decided not to retrieve the drugs.At a subsequent home visit, Mr. A reminded C.A.H. that he had already far outlived the original prognosis of 6 months to live, and he added that the assisted suicide doctors gave him a new prognosis of 6 months to live so that his assisted suicide would be “legal.”C.A.H. redoubled her efforts to stay in contact with Mr. A and encourage him. Some old friends from Alcoholics Anonymous and others now began to visit him daily. His few friends were clear that they valued him and did not want him to kill himself. Hospice, however, remained “neutral” on the issue, and he grew suspicious of that organization. As he put it, “I’m going to get rid of hospice. I don’t trust them. Then there’s the morphine. I’m not in any pain. I don’t know why they want me to take all this morphine.” He dismissed hospice, decreased the pain medication, and both his mood and cognitive clarity improved for several months.Three weeks before his death, however, his pain became a significant factor again. As Mr. A’s pain increased, he used more controlled-release oxycodone, which contributed to constipation, which in turn became excruciating in itself. Because of abdominal discomfort, he stopped drinking fluids as well as eating and grew confused and more suspicious again. He now wondered what might be in the liquids people gave him and in the pain medications, so he didn’t take them. At a home visit that both authors made together, his medication tray showed that he was taking minimal, if any, pain medication. He said that he was desperate because of the pain and was on the verge of killing himself with the overdose and that Dr. B had recently offered to sit with him while he took it.He was reassured that he felt so frightened because of his confusion, but that pain medication and fluids, along with 24-hour care, would help him. Fluids might also help alleviate his constipation, which had become so painful. The controlled-release oxycodone tablets from his bedside stand were handed to him, and he took them as prescribed for the first time in days. C.A.H. then insisted that his doctor should prescribe a morphine pump to be delivered the next day so that his confusion and paranoia would not interfere with his receiving the needed pain relief. She also arranged for a 24-hour attendant care, which he could readily afford. With these interventions, his confusion cleared, his pain abated, and he felt much relieved during the remaining weeks of his life, even while his physical condition deteriorated.During this time, which he had been on the verge of cutting short, he was able to express his gratitude to and say goodbye to the many people who had helped him. Most important, he was able to reconcile with his daughter, from whom he had been alienated since his psychiatric hospitalization. This opportunity was meaningful to her as well as to him.
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