Term Paper on "Gonzales vs. Oregon Case Analysis"

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Gonzales vs. Oregon

Case Analysis

The objective of this work is to submit a written analysis of a closed case or issue pertaining to health care law. The chosen topic is the case of Gonzales vs. Oregon which is currently being debated at the Supreme Court level. This case stems from the 1994 passage of the death with Dignity Act, which allows terminally ill and mentally competent individuals to obtain drugs that could be utilized in the state of Oregon. The current debate questions administrative law and whether the former Attorney General John Ashcroft interpretation of the Federal Control Substance Act to outlaw these drugs is valid and is the Justice department overstepping their boundaries.

Introduction

Oregon voters approved the legalization of physician-assisted suicide (PAS) in November, 1994. After being legally challenged the Oregon PAS law became effective in the latter part of 1987. Since 1998 and through 2004 there have been a total of 208 PAS deaths in the State of Oregon. There are existing concerns with the legalization of physician-assisted suicide and there has been a great debate about the legality and morality of this practice. All levels of American society look harshly upon the thought of the use of drugs or other means to hasten the death of someone even though they may be in excruciating terminal pain however, healthcare modernization has changed the very "character of death and dying." (Pew Forum on Religion & Public Life, 2005) The case of Gonzales v. Oregon has arisen out of the debate which is one that is morally charged in nature as well as being the focus of lawsuits in relation to end-of-life decisions. However, this case has been subject to technical legalities and statutory interpretation.

Facts Surrounding the Case of Gonzales vs. Oregon

The concerns which center around the legalization of assisted suicide are stated by Kenneth R. Stevens, Jr. M.D. (2005) as being first of all that "suicide devalues human life, and results in a loss of protection for terminally ill patients against doctors writing a prescription for the sole purpose of causing their death.

(Stevens, 2005) Secondly, a false message is sent that "doctors can do a better job of assisting in a patient's suicide that they can of caring for their medical needs." (Stevens, 2005) Third, "the legalization of assisted suicide and euthanasia can inhibit the progress of medical advances, and tends to result in fewer efforts by the doctor to find a solution to the patient's distress." (Stevens, 2005) Fourth, "once a patient has the means to take their own life, there can be increased incentive to care for the patient's symptoms and needs." Fifth, "the immunity offered to physicians under the Oregon assisted-suicide law requires only 'good-faith compliance' with the law.

This is not a medical-legal standard of care, and is not applicable to any legitimate medical treatment." (Stevens, 2005) Other concerns are that the 'safeguards' for Oregon's assisted suicide are not being followed and that doctors are writing lethal drug prescriptions for patients for whom they have not provide care. Finally "there is no real monitoring of Oregon's assisted suicides." (Stevens, 2005)

Background and Historical Case Facts

The Controlled Substances Act outlaws an individual in the "manufacturing, distribution, or dispensation" of a controlled substance except they conform with the specified conditions which have been established by law. Further, the Controlled Substances Act makes it a requirement that physicians register with the attorney general in order to legally prescribed controlled substances which are those "issued for a legitimate medical purpose." (Pew Forum on Religion & Public Life, 2005) The attorney general is given authority under this act to revoke the license of a physician found in violation of the CSA or for any acts deemed "inconsistent with the public interest."

Following the re-approval of the Death with Dignity Act in 1997 by Oregon voters Thomas Constantine, who was then DEA administrator made the determination that the use of controlled substances for lethal dose was prohibited by the CSA and that this practice… READ MORE

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