Diana Pretty Case

Nunu Poe

PHIL 1722

Section- 60

Diana PrettyFrom England

Not allow assisted suicide in England

Have family

Was rejected from both England and European Human Right

Motor Neuron DiseaseMND ( Information )Progressive DiseaseOver 40 yrs old, between 50-70 Men & Women 1:21 or 2 per 100,000 diagnosed each year in U.K

SymptomsMuscle weaknessLater, difficulty with mouth, throat, neck

TreatmentCannot prevent from developing

Continue…..

Up to 5,000 people in Britain have MND It stops the brain sending messages to muscles, which waste

More people die of MND than Aids Most sufferers stay mentally alert

It's not contagious

What she was willing…Diagnosed in 1999 (43 yrs old)In 2000, wrote to Tony Blair to change lawIn 2001, Ask public prosecution for husband can

help herOctober, 2001, England high court reject,

November, confirm by law lord BinghamMarch, 2002, European court; 12 hrs with

ambulanceApril, 2002, European human right court

rejectedDied in 2002 at hospice

Sadly,Lost her right to end of her life in England

European human right court also rejected her appeal

Main PartiesDianna Pretty

Brian Pretty( husband)

Tony Blair ( Prime Minister)

David Calvert Smith ( Public prosecution, England)

Lord justice Tuckey ( High court, England)

Lord Bingham (Law Lord, England)

European Human Right Court

Ethical IssueTerminal illnessPatient agreed voluntarily Her husband wanted to help

Why could not justice let her die?Who needed to agree for that?Does someone have a right to help dying?Should Mercy killing or Assisted suicide be

allowed?

Health Care Principles that are violated

Autonomy

Justice

Autonomy: Self-determination; right of patient

to participate in …..

Patient felt lose her right

Even it was voluntary, lost decision

Justice: Deals with fairness, deserts, and distribution of good and services …..

Diane Pretty speaks through her husband Brian: "I feel I have no rights“

Justice is not for individual emotion, but it can be distributed.

Netherland, Belgium, Switzerland

Utilitarian: Consequence based ethicist believeGood reside in the promotion of happiness or the greatest net increase of pleasure over pain

Could not win to die so that she could not die with dignity

Utilitarian ethic did not apply in this case

If physicians or laws helped her that would have been an utilitarian solution.

Kantian: Duty based ethical believeIt would be wrong or right because it does not depend on situation or consequences

England high court and European human right decide as a duty-oriented

76 native British go to Switzerland for assisted suicide with non-physician although England practice Kantian ethic

Analysis of Assisted SuicideProponentNeed to change lawBoth in political and

health careTerminal ill people

will satisfyCan spend money

for others area( research, organ transplant)

OpponentDoes not need to

change lawConservative people

will be happyNeed more hospice

care and palliative careKeep society maintain

stable

Continue…..I would choose an utilitarian theory

Good for patient and family not only financial but also benefit to others proponents’ claims

Some terminal ill patients will be happy to claim to die with dignity

Autonomy and human rights will be validated

Continue…Cannot harm to physician role, just allowed

to family members can involve in assisted suicide

Everyone should have a right to assistance for dying, if patient will not recover

Should allow assisted suicide: not mercy killing!!

No one should not have a benefit with her death!!!

ReferencesEdge, R S, & Groves, J R. (2006). Ethic of health care. NY:

Delmar. Print.

Humphrys, John. "End-of-Life Decisions Are Personal and Should Be Respected." The Right to Die. Ed. John Woodward. San Diego: Greenhaven Press, 2010. At Issue. Gale Opposing Viewpoints In Context. Web. 15 Apr. 2011.

http://news.bbc.co.uk/2/hi/uk_news/england/beds/bucks/herts/6647419.stm

"Supporter of Death with Dignity." Gale Opposing Viewpoints in Context. Detroit: Gale, 2010. Gale Opposing Viewpoints In Context. Web. 15 Apr. 2011.

Thank You,