Dementia patient death stirs euthanasia fears

Ethics dispute erupts in Belgium

ABy Maria Cheng

disputed case of euthanasia in Belgium, involving the death of a dementia patient who never formally asked to die, has again raised concerns about weak oversight in a country with some of the world’s most liberal euthanasia laws.

The case is described in a letter provided to The Associated Press, written by a doctor who resigned from Belgium’s euthanasia commission in protest over the group’s actions on this and other cases.

Some experts say the case as documented in the letter amounts to murder; the patient lacked the mental capacity to ask for euthanasia and the request for the bedridden patient to be killed came from family members. The co-chairs of the commission say the doctor mistakenly reported the death as euthanasia.

Although euthanasia has been legal in Belgium since 2002 and has overwhelming public support, critics have raised concerns in recent months about certain practices, including how quickly some doctors approve requests to die from psychiatric patients.

The AP revealed a rift last year between Dr Willem Distelmans, co-chair of the euthanasia commission, and Dr Lieve Thienpont, an advocate of euthanasia for the mentally ill. Distelmans suggested some of Thienpont’s patients might have been killed without meeting all the legal requirements. Prompted by the AP’s reporting, more than 360 doctors, academics and others have signed a petition calling for tighter controls on euthanasia for psychiatric patients.

Euthanasia — when doctors kill patients at their request — can be granted in Belgium to people with both physical and mental health illnesses. The condition does not need to be fatal, but suffering must be “unbearable and untreatable.” It can only be performed if specific criteria are fulfilled, including a “voluntary, well-considered and repeated” request from the person.

But Belgium’s euthanasia commission routinely violates the law, according to a September letter of resignation written by Dr Ludo Vanopdenbosch, a neurologist, to senior party leaders in the Belgian Parliament who appoint members of the group.

Competence

The most striking example took place at a meeting in early September, Vanopdenbosch writes, when the group discussed the case of a patient with severe dementia, who also had Parkinson’s disease. To demonstrate the patient’s lack of competence, a video was played showing what Vanopdenbosch characterized as “a deeply demented patient.”

The patient, whose identity was not disclosed, was euthanized at the family’s request, according to Vanopdenbosch’s letter. There was no record of any prior request for euthanasia from the patient.

After hours of debate, the commission declined to refer the case to the public prosecutor to investigate if criminal charges were warranted.

Vanopdenbosch confirmed the letter was genuine but would not comment further about the specific case details.

The two co-chairs of the euthanasia commission, Distelmans and Gilles Genicot, a lawyer, said the doctor treating the patient mistakenly called the procedure euthanasia, and that he should have called it palliative sedation instead. Palliative sedation is the process of drugging patients near the end of life to relieve symptoms, but it is not meant to end life.

“This was not a case of illegal euthanasia but rather a case of legitimate end-of-life decision improperly considered by the physician as euthanasia,” Genicot and Distelmans said in an email.

Vanopdenbosch, who is also a palliative care specialist, wrote that the doctor’s intention was “to kill the patient” and that “the means of alleviating the patient’s suffering was disproportionate.”

Though no one outside the commission has access to the case’s medical records — the group is not allowed by law to release that information — some critics were stunned by the details in Vanopdenbosch’s letter. (AP)