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New Study on Death with Dignity Law Counters Opponents' Case
Death with Dignity is Safe, Well-Regulated, Rarely Used Option that Improves Care for All

August 20, 2004

News Release

Contact: Scott Swenson, (202) 969.1669 or Jeana Frazzini, (503) 228.4415

Washington, D.C. / Portland, OR --- Ten years after its passage, Oregon’s landmark Death with Dignity law has changed the way people in America think about dying by empowering terminally ill individuals. “This study proves that Death with Dignity is a safe, well regulated, option of last resort that improves end-of life care for everyone,” said Scott Swenson, Executive Director of Death with Dignity National Center. 

In a remarkable new study from Oregon Health & Science University, published today in the Journal of Clinical Ethics, the first major study of dying patient’s attitudes toward the law indicates:

* NO SLIPPERY SLOPE.  The study found other states have a rate of assisted dying four times higher than that of Oregon indicating a high level of unregulated underground practices that are not universally accessible to those who meet the stringent safeguards set forth in Oregon.  Ten years ago, Oregonians recognized these unregulated practices and worked to write a standard of care into law that would make death with dignity a legal option for terminally ill mentally competent adults. Opponents claimed legalization would be a “slippery slope” that would harm society. The study debunks that argument.

* NO UNREPORTED CASES.  The study indicated no unreported, and thus illegal cases. This indicates that the regulations and state oversight are working, countering previous claims of widespread abuse and under-reporting.

* MORAL OPPOSITION. The study indicates that moral opposition has not changed with legalization.  This is not a surprise, nor do advocates seek to change people’s moral beliefs.  The Death with Dignity law recognizes that there are people whose system of belief allows them to choose this option and therefore creates neutral space within the law permitting an individual this right.  Death with Dignity advocates respect the beliefs of our opponents and ask in return that they respect our beliefs. 

* HIGH NUMBER OF OREGONIANS CONSIDER DEATH WITH DIGNITY.  The study found that 17% of Oregonians considered using the law, only two percent formally requested it and only 1 in 1000 actually used it. This indicates the importance of the law allowing patients and doctors to explore the full range of legal options. For many patients, simply knowing that the option exists creates a climate of comfort should their suffering become intolerable.  Proponents have never claimed the law would be widely used, that has been an opposition argument, again proven false.

* OPTION OF LAST RESORT. The study suggests that one reason so many people consider using the law and then choose not to use it is that doctors are able to identify and resolve other issues.  By making death with dignity a legal option of last resort, Oregon proves that responsible implementation of a death with dignity law can improve end-of-life care, pain management, hospice utilization, and doctor-patient communication.  These improvements benefit every Oregonian, not just the terminally ill.

* NO EVIDENCE OF COERCION.  The study counters yet another opposition claim as the data suggests that the vast majority of people who consider using the law ultimately choose not to use it.  There is no evidence of coercion or pressure being exerted which would surely be indicated by an extensive study.

“This study proves that opponent’s of death with dignity are masking a moral agenda with medical distortions and scare tactics. Every opposition argument has been disproved with data. That is why we fight John Ashcroft in court, it is why we stopped two Congressional repeal efforts, it is why we won two elections. We will continue to fight until people understand that in a pluralistic democratic society, one person’s morality does not trump that of every other American,” Swenson said.

ADVISORY – FUTURES DESK – CALENDAR OF EVENTS

MAJOR CONFERENCE IN D.C. ELEVATES ISSUE AS ASHCROFT MULLS APPEAL TO U.S. SUPREME COURT

On September 9th, in Washington, D.C., the Death with Dignity National Center will host a major conference. Ten Years of Dignity marks the tenth anniversary of the passage of Oregon’s Death with Dignity law.  The conference coincides with the release of a new book edited by board members Dr. Timothy Quill and Margaret Battin, Ph.D., entitled, Physician Assisted Dying: The Case for Palliative Care and Patient Choice, published by Johns Hopkins University Press.

The conference is on the campus of George Washington University in the Cafritz Conference Center running from 9:45 AM to 4:30 PM.  Media are welcome all day.  The first session of the day will be of particular interest to media as it features keynotes by the editors of the book, Quill and Battin. Following the keynotes, a panel discussing data from Oregon’s Death with Dignity law featuring Ann Jackson of the Oregon Hospice Association, Barbara Coombs Lee of Compassion in Dying Federation and Alan Meisel of the Center of Bioethics at the University of Pittsburgh. Keynoters and panelists will take questions from the media and conferees.

Keynoters through the conference schedule are as follows:

• TIM QUILL, MD, Professor of Medicine, University of Rochester, author, and co-editor of Physician-Assisted Dying: The Case for Palliative Care and Patient Choice;

• MARGARET BATTIN, PhD, Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine at the University of Utah, author, co-editor of Physician-Assisted Dying: The Case for Palliative Care and Patient Choice;

• BISHOP JOHN SHELBY SPONG, DD, Bishop of the Episcopal Diocese of Newark, scholar, author and most published member of the House of Bishops of the Episcopal Church in the United States;

• SYLVIA LAW, JD, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry at the New York University School of Law, co-director of the Arthur Garfield Hays Civil Liberties Program;

• ELI D. STUTSMAN, JD, co-author, Oregon Death with Dignity Law, strategist, founding president, Death with Dignity National Center, attorney representing a physician and pharmacist in Oregon v. Ashcroft.

CERTIFICATION: This activity has been planned and implemented in accordance with the Essentials Areas and Policies of the Accreditation Council for Continuing Medical Education (ACCME).

For conference information contact Loren Drummond, (202) 969.1669 or online, www.deathwithdignity.org.

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