Tuesday, October 29, 2013
Legal Considerations
Annie’s case is special, in that she is a largely outspoken proponent of euthanasia who has gained international attention with her pleas to be allowed to die. Her case has likely piqued the interest of groups opposed to euthanasia who may carefully observe the details of Annie’s end of life care. The legal implications associated with Annie’s case cause significant distress for Karen. She should be worried as there are no current standards set for the practice of palliative sedation (Hahn, 2012). It could be deemed that the definition of palliative sedation is ambiguous enough to link it to euthanasia. According to California law, euthanasia is illegal whether by deliberate act or omission (California Probate Code §4653). After Annie’s death, a criminal suit could be made by zealous opponents to euthanasia claiming palliative sedation is just another form of euthanasia, resulting in possible felony charges for Annie’s healthcare providers (California Penal Code §10.401). Even if just to set precedence, Annie’s care could come under extreme legal scrutiny and Karen could face real consequences.
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