Do you remember Terri Schiavo? She was the 41-year-old Florida woman whose feeding tube was disconnected so she could be allowed to die. She had been in a vegetative state and on life support for more than 15 years.

The issues which arose in that case are still relevant today. Should doctors be allowed to assist terminally ill patients to die? Should living wills indicating a person's desire to be spared from feeding tubes and artificial breathing machines be honoured? If so, in what cases should this be done?

Death with Dignity

On December 5, in a case involving a terminally ill man, a judge in the state of Montana ruled that terminally ill persons who were still mentally competent could be assisted to commit suicide. They can be given medication that can be self-administered to bring about a peaceful death if they find their suffering unbearable. This is the third American state to authorise doctor-assisted suicides. The other states are Washington and Oregon.

In 1994, Oregon enacted a statute known as the Death with Dignity Act, which authorised physician-assisted suicide. Many have since argued that the phrase is a euphemism for murder and that, in practice, there have been many abuses of the process. One of the questionable cases involves an 85-year-old woman with dementia and cancer. It was not clear whether she was mentally competent to instruct the physician that she needed medication to end her life.

In another case, two nurses administered lethal doses of morphine to a patient who was said to be in 'uncontrollable pain', despite the fact that the act only authorises physicians to assist patients to die.

Arguments for euthanasia:

It helps alleviate suffering of terminally ill patients.

Persons suffering from incurable diseases should have the right to choose to die.

The patient could be spared the trauma of waiting for death.

It frees up medical funds to help other people.

Arguments against euthanasia:

It is morally incorrect and contrary to law.

It devalues human life.

It can be abused as a means of reducing health-care cost.

It may be abused by family members who are awaiting an inheritance.

Physicians and other medical personnel should not be directly involved in causing death.

There is a risk that it may evolve to a state where it becomes non-voluntary.

There is no guarantee that the patient really wants to die.

There are strong views on both sides. Where do you stand?

Sherry-Ann McGregor is a partner and mediator with the firm Nunes, Scholefield, DeLeon & Co. Send feedback and questions to lawsofeve@yahoo.com or Lifestyle@gleanerjm.com.