Aid in Dying in Canada and the United States: Are U.S. States Too Cautious?

Click to increase image sizeClick to decrease image size

This article refers to:

Slowing the Slide Down the Slippery Slope of Medical Assistance in Dying: Mutual Learnings for Canada and the US

ACKNOWLEDGMENT

The author is grateful for helpful background discussion with Jocelyn Downie.

DISCLOSURE STATEMENT

The author is collaborating with Compassion & Choices on an update to guidelines for clinicians providing aid-in-dying services and also worked with Compassion & Choices on a legislative proposal to legalize aid in dying in Nevada.

Notes

1 Pullman cites 0.15 percent for California in 2020 and 2021. In 2022, the rate was 0.3 percent, California Department of Public Health. 2023. California End of Life Option Act Report 2022 Data Report, available at https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Library/CDPH_End_of_Life%20_Option_Act_Report_2022_FINAL.pdf, and in Oregon in 2022, 0.6 percent of deaths occurred via aid in dying (Oregon Health Authority 2023).

2 Grievous and irremediable condition is defined to mean that the patient has “a serious and incurable illness, disease or disability,” is “in an advanced state of irreversible decline in capability,” and is experiencing “physical or psychological suffering that is intolerable to [the patient]” and “that cannot be relieved under conditions that [the patient] consider[s] acceptable.” Id.

3 In other words, U.S. states equate terminal illness with serious and irreversible illness.

4 Canadian law also tries to avoid quality of life judgments by requiring that the suffering be intolerable to the patient and unable to be relieved under conditions that the patient considers acceptable. Supra note 2.

5 California Department of Public Health. 2023. California End of Life Option Act Report 2022 Data Report, available at https://www.cdph.ca.gov/Programs/CHSI/CDPH%20Document%20Library/CDPH_End_of_Life%20_Option_Act_Report_2022_FINAL.pdf.

6 N.J. Stat. § 26:16-10.

7 Or. Rev. Stat. § 127.840.

Additional information

Funding

The author(s) reported there is no funding associated with the work featured in this article.