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Asking to Die: Inside the Dutch Debate about Euthanasia (Paperback, 1998 ed.)
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Asking to Die: Inside the Dutch Debate about Euthanasia (Paperback, 1998 ed.)
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claim was that he had faced a conflict of duties pitting his legal
duty not to kill against his duty as a physician to relieve his
patient's unbearable suffering. He was acquitted on the important
grounds of conflict of duty. These grounds are based on a concept
in Dutch law called "force majeure" 4 which recognizes extenuating
circumstances such as conflicts of duty. The acquittal was upheld
by the Lower Court of Alkmaar, but revoked by an Amsterdam court of
appeal. The case went on to the Supreme Court, but before the
Supreme Court's decision was issued, the Royal Dutch Medical
Association (RDMA) attempted to clarify the criteria for euthanasia
that many within the profession already accepted. The RDMA proposed
that physicians be permitted to perform euthanasia provided that a
set of procedures had been met. Variously stated, the guidelines
contain the following central provisions: Voluntary, competent,
explicit, and persistent requests on the part of the * patient;
Requests based on full information; * The patient is in a situation
of intolerable and hopeless suffering (either * physical or
mental); No further acceptable alternatives to euthanasia. All
alternatives * acceptable to the patient for relief of suffering
having been tried; Consultation with at least one other physician
whose judgment can be * 5 expected to be independent. Indirectly,
these guidelines became the criteria prosecutors used to decide
whether or not to bring charges.
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