Doctors call for end to euthanasia law

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Doctors call for end to euthanasia law
The Nation 2011-08-09

Three government doctors yesterday asked the Supreme Administrative Court to cancel the Public Health Ministry's euthanasia decree, saying the practice violated medical ethics, was unconstitutional and imposed a heavy administrative and financial burden.

In their petition lodged against an active prime minister and a public health minister, the doctors said the decree breached five sets of regulations regarding medical practice, including a 1982 law governing the medical practice.

"The law requires all doctors to give treatment, and not to deprive one's life," said Dr Thapanawong Tang-uraiwan, an ophthalmologist at Phra Nang Klao Hospital in Nonthaburi.

The law contravened general ethical principles and would put an administrative and financial strain on the ministry, the only agency permitted to conduct euthanasia under the recently-approved decree.

"The directive has been issued without the mandatory public hearing and prior agreement from public health officials who are required to perform the procedure. There are no criteria in place under this directive to decide who should be treated further or terminated, even at one's own volition," he said.

The decree was unconstitutional and would not protect doctors or medical personnel who may make mistakes while performing euthanasia.

"Article 80 states that doctors and medical personnel are immune only when they follow medical practice in case of accidents. And considering that the 1982 law does not endorse euthanasia, all personnel who practise euthanasia are not under immunity," he said.

The two co-petitioners were Dr Cherdchoo Ariyasri, who is retired, and Dr Oraphan Methadilokul, a resident at Rajavithi Hospital.

Cherdchoo said euthanasia could be conducted through normal procedures, not necessarily under the decree's directions, which meant medical personnel could not decide on a terminally-ill patient's fate but must acquiesce to the will of the patient's relatives.

Witnesses to a written approval for euthanasia should not be just "anybody present", as stated in the decree, she added.