Passive Euthanasia and Living Will - Doctor's Responsibility
iasparliament
March 10, 2018
What is the issue?
SC guidelines on Living Will place a huge responsibility on the treating physician and hospital.
What are the guidelines in this regard?
Living Will - The responsibility is on the treating doctor to ascertain the “genuineness and authenticity” of a Living Will, from the Judicial Magistrate in whose custody the document is kept.
Once satisfied that there is no cure, the doctor should consider the instructions left by the patient in his or her Living Will.
Communicate - On deciding to act upon the Living Will, the doctor has to convey the medical condition to the guardian or close relative.
The availability of care, consequences of alternative forms of treatment and that of being untreated should also be conveyed.
The doctor should also ascertain that the relative or the guardian has understood the situation and come to the “firm view” for withdrawal of medical treatment.
Medical Board - The physician or the hospital concerned has to then constitute a Medical Board.
It should consist of the head of the treating department and at least three experts from medical fields.
The medical experts should have experience in critical care and a standing of 20 years in the profession.
Procedure - The Medical Board will visit the patient and release a preliminary opinion on whether or not to withdraw the treatment.
In case the Medical Board decides not to follow a Living Will, it can apply to the District Collector concerned.
In case it supports the Living Will, the doctor or the hospital has to “forthwith” inform the District Collector.
The District Collector will also form a Medical Board with the Chief District Medical Officer as Chairman for endorsement of the decision.
They too shall visit the hospital to endorse the Living Will.
The Chairman of this Medical Board would then convey the decision to the jurisdictional JMFC before giving effect to the decision.
The Magistrate shall also visit the patient and finally authorise the implementation of the decision of the Board.
The procedure is the same even for those who do not have a Living Will.
Appeal - In case of the Medical Board revoking permission for passive euthanasia, the guidelines provide for appeal.
The treating doctor has the right to move the High Court, along with the dying person's relatives or guardian.
Independent Committee - In such a case, the high court is free to form an independent committee of doctors to re-look the case and take a decision.
Once the treatment is withdrawn, the Magistrate has to inform the high court.
