Legal Considerations of Voluntary Assisted Dying in Tasmania: A Case Analysis

QUESTION

You are working in a residential aged care facility and nursing a 74 year old client who is in the advanced stages of breast cancer – she is not expected to live longer than 6 months. She has developed a malignant wound causing both pain and strong malodour, the latter of which is particularly distressing to the client. During the night her condition deteriorates, and is now no longer able to communicate The client had previously written an advance care directive including the following sentence: ‘If I am to experience an accident or stroke with an unlikely prospect for recovery, please do not keep me artificially alive. Let me go in peace.’ The patient’s son is in attendance and says can’t you give her something to end it all? Please discuss whether this would be legal under the voluntary assisted dying act of Tasmania? write in simple sentence with reference.

ANSWER

 Legal Considerations of Voluntary Assisted Dying in Tasmania: A Case Analysis

Introduction

In the scenario presented, a 74-year-old client in an advanced stage of breast cancer has developed a malignant wound causing significant pain and distressing malodour. The client’s condition has deteriorated to the point where she can no longer communicate, and her son is requesting assistance to end her suffering, in accordance with her previously documented advance care directive. This essay will discuss the legal considerations surrounding voluntary assisted dying (VAD) in Tasmania and whether the situation described would be permissible under the Voluntary Assisted Dying Act of Tasmania.

Voluntary Assisted Dying Act of Tasmania

The Voluntary Assisted Dying Act 2020 (Tasmania) (the Act) came into effect on November 1, 2022, making Tasmania the third Australian state to legalize voluntary assisted dying. The Act outlines specific eligibility criteria, procedural safeguards, and requirements for healthcare professionals and patients seeking access to VAD.

Legal Considerations in the Given Scenario

1. Eligibility Criteria

According to the Act, a person is eligible for VAD if they meet specific criteria, including being a resident of Tasmania and having an advanced and incurable illness with intolerable suffering that is expected to result in death within six months (Voluntary Assisted Dying Act 2020, sec. 9).

In the scenario, the client is in the advanced stages of breast cancer and is not expected to live longer than six months. Her suffering from the malignant wound is described as intolerable. Therefore, she appears to meet the eligibility criteria outlined in the Act.

2. Advance Care Directive

The Act recognizes advance care directives as legally binding documents that allow individuals to outline their preferences for end-of-life care, including the decision to access VAD (Voluntary Assisted Dying Act 2020, sec. 28). In the scenario, the client had previously written an advance care directive explicitly stating her desire not to be kept artificially alive in specific circumstances.

The presence of a valid advance care directive supports the client’s request for VAD in accordance with her documented wishes.

3. Medical Practitioner’s Assessment

To access VAD, the Act requires the involvement of two medical practitioners: the primary medical practitioner and the consulting medical practitioner. Both must assess the patient’s eligibility and capacity to make the request (Voluntary Assisted Dying Act 2020, sec. 15).

In the scenario, the client’s deteriorating condition and inability to communicate would necessitate a careful assessment by the primary and consulting medical practitioners to confirm her eligibility and capacity, ensuring that her request aligns with the Act’s requirements.

4. Son’s Request for Assistance

The Act allows a person’s family members or nominated support person to be present during the VAD process but explicitly prohibits any person, including healthcare professionals, from taking actions to cause the death of the person (Voluntary Assisted Dying Act 2020, sec. 23).

The son’s request for assistance in ending the client’s suffering would not be legally permissible under the Act. The Act does not authorize family members or healthcare professionals to directly cause a person’s death, even if it aligns with the individual’s advance care directive.

Conclusion

The Voluntary Assisted Dying Act of Tasmania provides a legal framework for accessing voluntary assisted dying for individuals meeting specific eligibility criteria and following the procedural safeguards outlined in the Act. In the scenario described, the client appears to meet the eligibility criteria based on her advanced and incurable illness with intolerable suffering expected to result in death within six months. Additionally, her valid advance care directive supports her request for VAD. However, the Act strictly prohibits any person from actively causing another person’s death, even if it aligns with the individual’s wishes. Therefore, the son’s request for assistance in ending the client’s suffering would not be legal under the Voluntary Assisted Dying Act of Tasmania.