Brittany Maynard, an Oregon resident, selected the date November 1, 2014 as the day she will end her life. Brittany is 29 years old, and was recently diagnosed with terminal brain cancer. She is plagued with seizures and increasing pain and her most recent diagnosis gave her only six more months to live.
Instead of waiting to die, Brittany has taken the matter in her own hands. She and her family moved to Oregon so she could access the State’s Death with Dignity Act (DWDA), enacted in 1997. The Act allows terminally-ill Oregonians to end their lives through voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose. As of January 22, 2014, a total of 1,173 Oregonians have had DWDA prescriptions written and 752 patients have died from ingesting medications prescribed under DWDA.
Oregon has specific requirements that people must meet prior to being prescribed DWDA medications. Residents must be 18 years of age or older, capable of making and communicating health care decisions, and diagnosed with a terminal illness that will lead to death within six months.
There are only three states (Oregon, Washington, and Vermont) that have enacted Death with Dignity laws. Montana and New Mexico have similar laws, and bills have been introduced in seven other states (Connecticut, Hawaii, Kansas, Massachusetts, New Hampshire, New Jersey, Pennsylvania).
In July, Jamie Held wrote an article regarding Euthanasia. However, it should be noted that Brittany’s use of DWDA prescriptions is different than Euthanasia. Euthanasia is defined as the act of painlessly but deliberately causing the death of another who is suffering from an incurable, painful disease or condition. It’s commonly through lethal injection. This differs from the DWDA because the person is administering the prescriptions themselves and there is no injection involved.
So how do you die with dignity here in Minnesota? Pursuant to Minn. Stat. § 609.215, both Euthanasia and DWDA efforts remain unlawful here in Minnesota. However, the statute does reference the choices people have regarding life-sustaining treatments. People can make choices to refuse life-sustaining treatment via an advanced health care directive and his or her decisions will be upheld.
If you have particular thoughts regarding your own end of life care, contact an attorney in your area to discuss an advanced health care directive.
