Atul Gawande also discusses lethal injection and the doctor's ethical obligation in his book. He says, "there is little doubt that lethal injection can be painless and peaceful, but as courts have recognized, ensuring that it is requires significant medical assistance and judgment." However, many people (including the AMA) think the ethical obligation of a doctor bars him or her from participating in a lethal injection. This is a very charged topic, and not one I am well-versed in. The AMA Code of Medical Ethics only permits physicians to provide a sedative to calm anxiety and to sign a death certificate after someone else has pronounced death. A physician cannot even pronounce death, because if the prisoner is found alive, the physician would not be able to resuscitate him.
Gawande interviews several health professionals that participate in administering lethal injections. Often, the physician is only asked to monitor the patient; he does not deliver the drugs. But when difficulties happen, the physician may be called upon to insert IVs, take more responsibility, nearly play executioner. On the other hand, some health care professionals argue that if a lethal injection has to happen, then it should be done by doctors. That is, they may approach the situation thinking that if they do not participate, then the lethal injection may have complications, and by omission, they contribute to greater suffering. This is an interesting stance, and I think it has some merit. Indeed, a death-penalty patient "is no different from a patient dying from cancer - except his cancer is a court order [...if] a patient dies, are you not going to comfort him?" The inmate is going to die. Are doctors shirking their responsibility of solace at that moment of death by not participating in the execution? This is a tough topic, but one that deserves thought and discussion.
Sunday, January 06, 2008
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What a timely piece! On Monday, the Supreme Court heard arguments in the case of Baze v. Rees. Two death row inmates claim that death by lethal injection, particularly the commonly used "three-drug cocktail" (sodium thiopental, pancuronium bromide, and potassium chloride), constitutes cruel and unusual punishment. This issue is especially of concern when the executions are carried out by poorly trained individuals or when the drugs don't work as intended. However, are states obligated (constitutionally? ethically?) to execute with the least painful possible method? Perhaps states should simply employ the procedures that are the least costly to the taxpayers. As Justice Scalia said, "This is an execution — not surgery." And if states are not so obligated, how do we, as a society, decide where to draw the line between "extremely painful" and "cruel and unusual punishment"? I don't believe there are simple answers to these questions, and it will be interesting to see what the justices decide.
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