The Niagara Falls Review

The case for self-referrals on medically-assisted dying

- DR. KEVIN M HAY Dr. Kevin Hay is a specialist family physician in Wainwright Alberta and sometime amateur author on medical issues.

Is it really such a bad thing that Hippocrati­c doctors will not participat­e in the killing of their patients?

Ontario Superior Court Judges WiltonSieg­el, Lococo and Matheson seem to think so. This year they affirmed the College of Physicians and Surgeons of Ontario requiremen­t for medical doctors to provide an ‘effective referral’ for a patient requesting Medical Assistance in Dying (MAID).

Ontario is the only jurisdicti­on in Canada which mandates physicians to refer for Medical Assistance in Dying. Alberta, for example, has an effective self-referral route which involves just one phone-call. In the day of cellphones, WiFi and VOIP, making or delegating this call is an easy task partly confirming the patient’s personal autonomy and ability to manage their own affairs.

Advocates for assisted death present the Hippocrati­c doctor’s inability to refer as some egregious ‘abandonmen­t’ — patently a Straw-Man argument in this highly charged polemic.

Hippocrati­c principles are often an unstated foundation of trust between doctor and patient. Humanist Dr. Donald Boudreau of McGill University said it well: Euthanasia “… alters the mission of medicine. It strikes at the very core of our beings as healers.” The physicians publicly opposing MAID are quickly ‘de-platformed’ because they are visibly white male Christians. Hippocrate­s guided every physician: Atheist, Humanist, Muslim, Jew, Buddhist, Sikh, Hindu and Christian alike.

The most commonly used protocol for MAID in Canada is Voluntary Euthanasia: the direct killing of a consenting human being by another. This IS huge. The only people in Canada who may legally kill other citizens routinely are the doctors and Nurse Practition­ers providing MAID (not even the police may use deadly force routinely — only when responding to violent crime.) This task was imposed onto the caregiving profession­s despite long traditions of the exact opposite.

This presents many health-care profession­als with a serious predicamen­t: just because something is legal does not make it moral or ethical. A patient’s ability to self-refer allows Hippocrati­c doctors and nurses to avoid what they perceive to be complicity in a homicide.

Moreover, Judge Wilton-Siegel stated that the CPSO requiremen­t to refer for MAID does indeed “infringe the rights of religious freedom of the Individual Applicants as guaranteed under the Charter”! Wilton-Siegel added the dubious suggestion that affected doctors ‘may require an accommodat­ion on their part’ to avoid requests for MAID. Any such ‘accommodat­ion’ would have to be to an area of medicine with little or no direct patient care. In reality this means that Hippocrati­c doctors in Ontario get to choose one of four bad options — compromise your fundamenta­l principles; face disciplina­ry action; change jobs completely or do not work in the province!

One can paraphrase this lack of compromise from both the CPSO and the Ontario Superior Court of Justice as: ‘Hippocrati­c doctors need not apply’.

Ontario needs family physicians and the province will recruit enough docs — but be careful what sort of docs you wish for!

Ontario needs family physicians and the province will recruit enough docs — but be careful what sort of docs you wish for! DR. KEVIN HAY

London resident Roger Foley wants to live despite his serious neurodegen­erative disease.

He is in hospital after finding the stateprovi­ded home-care to be inadequate and is suing for self-directed home-care. Roger claims he was threatened with a forced discharge or he would be faced with an $1,800 per day charge!

He claims he was offered euthanasia as an alternativ­e. Cold logic says this is a very efficient solution though most find it offensive to offer death to someone wishing to live. Only the living tell such tales…

A self-referral route for patients seeking assistance in dying is a good thing.

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