Seduced by Death
by
Herbert Hendin, M.D.
1997
Reviewed by Mira de Vries
Hendin, a psychiatrist, investigates the
practice of euthanasia and physician assisted suicide (PAS) in the
Netherlands. He does an excellent job of researching and understanding
the Dutch medical system, in spite of the obvious obstacles of language
and time limits.
Euthanasia is defined by Dutch law as the termination of the life of a
patient at his own request by a physician. It is not legal, but under
certain conditions the physician is granted immunity from prosecution,
namely when the patient, who must be competent and have no mental
illness, is suffering unbearably from a somatic, terminal disease. In
addition, certain bureaucratic procedures
must be satisfied, such as obtaining a second opinion by another
physician,
and the
filing of a report to the proper authority after the fact. PAS is when
under the same conditions, the doctor provides the patient with a
deadly drug that the patient takes himself.
Hendin is vehemently opposed to this practice, although he is not
motivated by a religious view of the sanctity of life. He does not
oppose withholding futile treatment for patients who are "brain dead",
and even
suggests that physicians are justified in denying it when the family
demands it. He also does not oppose treatments for pain management,
even when it is obvious that they will speed up death. He even
seems accepting of withholding nourishment and
hydration from dying patients. Rather, he feels that actively
terminating patients’ lives
or assisting them in terminating their own lives leads to pressuring
patients to ask for death. Once the practice is legally sanctioned, it
becomes a solution to lack of palliative care, the family’s discomfort
at watching suffering or their burnout in caring for the sick person,
the doctor’s feelings of powerlessness to cure his patient, the
financial burden of caring for the sick and elderly, etc. Or as Hendin
puts it, euthanasia becomes a convenient cure for disease.
Citing the case of a doctor acquitted for PAS regarding a woman who was
not physically ill but in mourning, Hendin proposes that the practice
is already a long way down a slippery slope. In 1997 when his book was
published he could not have known that subsequent court decisions would
not uphold the acceptability of euthanasia or PAS for people not
terminally ill. Though this perhaps counters the slippery slope theory,
it does illustrate the fickleness of the Dutch courts.
Hendin, however, is completely correct in pointing out that the Dutch
are mistaken in believing that their euthanasia laws provide them with
the freedom to control their own deaths. In fact tolerance of
euthanasia provides only more power and protection to physicians.
Euthanasia is practiced widely one way or another quite without any of
the supposed safeguards provided by the law being observed. Doctors
openly admit that they don’t want to bother with the bureaucracy and
the examination of their decisions.
Hendin only incidentally hints at what in the Netherlands is perceived
as a major problem, namely that people who want euthanasia are refused
it by their doctor. He is critical of a directive ordering such doctors
to refer the patient to a different physician who may be willing to
perform the service. This, he feels, forces the doctor to act against
his conscience. Hendin is a bit of a hypocrite here, as he doesn’t mind
the doctor acting against his conscience when the doctor’s conscience
is different from his own. He fails to mention that in this country we
do not have the freedom to seek medical services from any doctor we
choose, but can only obtain those medical services of which the
registered family physician approves.
Other than that, Hendin correctly identifies the nature of the Dutch
health system, which grants far-reaching powers to physicians. He
keenly understands that the institutions created ostensibly to protect
patients’ interests, such as the medical ethics boards (which he calls
medical tribunals) in fact protect the interests of physicians and
their profession. Yet he does not seem interested in dismantling the
massive power doctors have, only in prohibiting euthanasia, even though
he acknowledges that as long as physicians have so much power, it is
impossible to control their actions.
I completely endorse Hendin’s negative appraisal of euthanasia and PAS.
We part ways when it comes to considering the alternatives. Of course
adequate palliative care and support for families coping with
debilitating illness or disability would reduce the demand for
euthanasia and PAS, but from where are care and support to come? The
other alternatives Hendin repeatedly mentions are antidepressant drugs
and electroshock, claiming that usually people who want euthanasia have
treatable psychiatric illness, whether or not they also have somatic
illness. I do not believe in the existence of “psychiatric illness” let
alone that it can be cured by antidepressants. Electroshock is at least
as cruel as euthanasia. The alternative that Hendin never mentions is
lifting the prohibition on free trade in drugs, so that people can
access them without a doctor’s assistance. He is interested in the
prohibition of euthanasia only, and not the empowerment of patients.