Paul Lamb Continues Tony Nicklinson’s Case in the Court of Appeal……

15 May

‘Brave Paul Lamb and one other person simply known as ‘Martin’ have been given permission to continue the case of Tony Nicklinson who passes away last year shortly after loosing his case.  Tony was seeking immunity from prosecution for any medical professional assisting him to end his life.  Paul, like Tony, due to their medical conditions where not in a position to take this step without help due to the physical restrictions of their respective illnesses……’

Background……

Both Paul and Tony are the latest in a long line of people who feel that their quality of life has been so profoundly affected by their medical conditions that they feel either now, or at some unspecified point in the future, being able to end their lives with dignity and without pain is their right as autonomous human beings.  The premise behind making such a decision is based upon several understandable factors.  First and foremost is the pain many of them are subjected to on a daily basis.  Secondly, the quality of life they have to endure, in that they are not able to perform even the basic everyday tasks without assistance including going to the bathroom, feeding them self, moving around and some cases even communicating with loved ones.

There is also the question of deterioration in medical condition which the courts seem to take no account of.  If deterioration in health was a new factor, they would be faced with challenging the legal decision all over again.

Like so many before them and one fear many to follow, the steadfast judgements of the courts seem to operate within a ‘one size fits all’ methodology with one issue at its core.  That being the potential for abuse of the law and the vulnerabilities  of certain groups within society who, for whatever reason, may be ‘victims’ of a law permitting euthanasia under certain circumstances……

In the Real World……

Whilst the courts have to give consideration to vulnerable groups and any potential abuse of a carte blanche law permitting assisted dying, I feel we are intelligent enough as a society to make a clear distinction between people like Paul and Tony who are clearly capably of making their feeling known and vulnerable groups who may be acting under duress from others.

The law does not have to be ‘black and white’ and courts could employ the services of Doctors and Mental Health Professionals to establish the merits of each case on a one by one basis.  It is not beyond the courts to identify people who are clearly of sound mind to express when they feel their lives hold no quality and dignity, with little chance of improvement, and to humanly grant them their wish to end them, any more so than to recognise when the plaintiff is requesting such an action under duress.

I am not suggesting a change in law that makes possible the indiscriminate euthanasia of ever sick person but a simplified process under which a judgement can be made without causing delay and upset to those involved.

NIMBYism……

It seems that the opposition to a process which allows ill people the right to end their own lives has fallen foul of the nimbyism which is apparent in many other legal matters and works on the principal that individuals and Judges are not capable of reaching rational decisions.  This is clearly not the case.  Our humanity should allow us to accommodate special circumstances especially when people are suffering……

What can you do……?

 

I have written a ‘Living Will’ of ‘Advance Directive’ to give it its proper name.  It’s quite a simple document that lays out what you want to happen in the event that you should be unfortunate enough to be involved in an accident and unable to make your feelings known.  They are quite straight forward and give instructions on resuscitation and artificial life support.  There is space for you to put a statement of your beliefs and allows you to nominate a proxy, to whom you should make your feelings known.  They can act for you if you are unconscious and not able to make your feeling known at the time.

Although an Advance Directive is not ideal if you feel strongly about this issue, it is a good thing to have in place.  Mine can be seen at the bottom of the post but it is important to print out and give copies to those concerned……

And Finally……

Until the brave battles being fought by Paul Lamb and that of Tony Nicklinson set any precedent in law there is little we can do.  I wish Paul, Martin, Jane Tomlinson and the many others fighting for dignity all the best and hope their tenacity pays off……

My Advance Directive……

ADVANCE DIRECTIVE – Blanks Left to Respect Privacy……

THIS LIVING WILL is made on the 12th day of May 2013.

I:  STEPHEN P_____ W_____ of 1, G_____ D_____, B__________ H____, L______, LN4 ___.  Born on:  3rd February 19__

Being of sound mind make this Advance Directive now as to my medical care and treatment directed to my family, my doctors and any other medical personnel, institution or authority in the event that I shall be unable to make my views known at any time.

I DIRECT as follows:

My life shall not be artificially prolonged and no life sustaining treatment shall be administered, if at any time my attending doctor, consultant or surgeon and one independent medical practitioner certify in writing that in their opinion:

 

a) I have a terminal, incurable or irreversible injury, disease or illness; or

b) I am permanently unconscious, comatose, in a persistent vegetative state with no reasonable chance of recovery; and

c) I am no longer able to make decisions regarding my medical treatment.

In the above circumstances I wish to be permitted to die naturally and to only receive such medical treatment as will alleviate any pain or distressing symptoms so as to make me more comfortable even if this has the effect of shortening my life.

EXCEPTING as follows:

If I have elected to end my own life and have taken steps to bring about this, in the event that I am found I wish to be allowed to die with no medical intervention whatsoever.  I believe this is my right as suicide is permitted in law.  The terms of the above directive shall also apply in this circumstance.

APPOINTMENT OF PROXY

I appoint S____ G______ of 11, S___________ H_____, S____ E__, L______, as my proxy to be involved in all decisions about my medical treatment if I am physically or mentally unable to make my views known. The wishes of S____ G______ should be respected at all times and I confirm that she is fully aware of my wishes.

IN WITNESS of which I have set my hand to this my living will on the day month and year first above written.

SIGNED by the above named in our presence and by us in his/hers.

 

Maker of Living Will

 

Signed:                                                 [Person making living will sign here]

 

Proxy

Signed:                                                 [Proxy sign here]

 

First Witness

Signed:                                                 [First Witness sign here]

Name: [Insert first witness name]

Address:          [Insert address of first witness]

Occupation:     [Insert occupation]

Second Witness

Signed:                                                 [Second Witness sign here]

Name: [Insert second witness name]

Address:          [Insert address of second witness]

Occupation:     [Insert occupation]

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