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jarien November 14 2009, 02:41:29 UTC
I'm not sure this would qualify as doctor-assisted euthanasia. The doctor didn't do anything... the patient overheard a medical code and then abused it to get more drugs and kill themselves. If I overheard the doctor giving the nurse a medical code, I certainly wouldn't know what to do with it, does your patient have the medical background to understand it, and know how to use it to get more drugs, etc? And how do the nurses not catch on and question it? Nurses are smart cookies.

I think the other doctor might get him into a bit of hot water with an internal ethics committee, but overall... doctors talk medical stuff with nurses all the time. If the doctor didn't administer the dose himself, how can anyone make a charge of assisted suicide stick?

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trenchcoatedson November 14 2009, 03:10:38 UTC
Those are certainly good questions. Unfortunately this really wasn't "my" patient or character- this is just what happened on the show. BUT- since the show didn't address them- I'll try to come up with something and address them in my fanfic. Thanks for mentioning those. :D

I should have mentioned that this doctor gave a speech at a medical conference admitting to practicing euthanasia and admitting this entire story and what his intent was. Does that make a difference?

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izhilzha November 14 2009, 07:48:19 UTC
does your patient have the medical background to understand it, and know how to use it to get more drugs, etc?

Referencing the episode, I believe the doctor stated to his friend (or else it was in the speech he gave at the conference) that he had explained how the morphine drip worked, including the code, just before arranging to have the patient "overhear" said code. So the doctor provided the knowledge as well as the code itself.

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obenson November 14 2009, 02:49:34 UTC
Say for the sake of argument, your doc actually did do the administering. Then, you might try reading about Dr. Kevorkian. According to wikipedia, he got 10-25 years for 2nd degree murder.

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trenchcoatedson November 14 2009, 03:12:34 UTC
Someone actually suggested that to me AFTER I had posted this, haha. I did go read about him, I just wasn't sure if that'd exactly apply to this case.

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obenson November 14 2009, 03:15:32 UTC
Haha that's always how it goes, isn't it?

Even if it doesn't really apply, hopefully you got some ideas.

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mydocuments November 14 2009, 03:12:59 UTC
The antagonist would likely first report it to hospital admin. Then hospital admin would decide what to do. Likely, the doctor would be put on probation for awhile while the hospital figured out what to do. If the family was throwing a huge fit, then there could be a malpractice case brought to court. They could also bring a wrongful death suit to court, and the authorities could choose to bring the case to criminal trial as homicide or manslaughter, but it's unlikely.

There was an episode of ER like this, in which Dr. Ross helped a patient commit suicide with a morphine pump. IIRC, he was disciplined, but he didn't lose his medical license.

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trenchcoatedson November 14 2009, 03:17:03 UTC
Ohhh, a lawsuit would really be PERFECT for this. I kind of didn't want him to lose his license, because this is a subplot in my fanfic, and I don't want it taking over the main plot. But a lawsuit would be awesome (I think that's the only time those words have been uttered...)

I've never watched ER before... too many seasons that it just seemed too overwhelming to try and watch. D:

Thanks!

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ashestothestars November 14 2009, 03:51:25 UTC
There was a House episode dealing with something like this on Monday.

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trenchcoatedson November 14 2009, 03:57:08 UTC
Yes... this is for a House, M.D. fanfic that I'm writing for NaNo as a subplot.

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nightdog_barks November 14 2009, 03:33:35 UTC
*smiles*

As it so happens, I was talking about this recently with another LJ friend.

From the (very limited) amount of research I did, I think in the eyes of the law (outside of Oregon, which has a physician-assisted-suicide law) it could be regarded as murder.

I found this interesting study. While it is from 2005, it appears to strongly suggest that physicians could be charged with homicide if the death is investigated and the prosecutor pursues it. Most don't (which I suppose is why the House character said that only one or two doctors a year were indicted), but the barest possibility is still there.

As mydocuments said, it's unlikely. But it could happen.

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trenchcoatedson November 14 2009, 03:54:14 UTC
Thanks for that link! I didn't find that one.

I don't exactly want my character to be charged with murder because, as I said, this is a subplot, but I DO want there to be some kind of fear instilled in him that he could be- since I'm planning to have the other doctor blackmail him at first. And I was wondering what would happen when the other doctor goes to report him when the doctor refuses to be blackmailed any more.

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nightdog_barks November 14 2009, 04:14:06 UTC
No problem! *g*

... but I DO want there to be some kind of fear instilled in him that he could be- since I'm planning to have the other doctor blackmail him at first.

From a fanfic standpoint, I can absolutely see the other doctor playing on his fears -- perhaps he leaves printouts of other cases on the character's desk, or intimates that he can "shop around" until he finds a sympathetic prosecutor. Anything to ratchet up your character's annoyance and trepidation.

Good luck to you! It's certainly a fascinating idea.

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trenchcoatedson November 14 2009, 04:19:28 UTC
Glad it sounds fascinating, haha, although I can't take credit for the idea. It was my father (who is also a House fan) who came up with the idea of another doctor figuring out it was Wilson, and I just expanded on it.

Completely off topic, but I went to your profile because I thought your name looked familiar... I've actually read some of your House fic! Haha, small world.

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kickair8p November 14 2009, 04:56:33 UTC
Doubt this'll be helpful to you, but from what I've occasional heard from medical professionals? Pro vs con euthanasia-for-dying-patients drama is pretty much just drama. What's actually being done is that, once the patient's ready, they're sedated into unconsciousness and kept there until they die. Pros: this prevents any further suffering by the patient, while not doing anything illegal. Cons: the family is still waiting around for the patient to die, and of course the hospital keeps billing for the ongoing care.

From your point of view that's just hearsay, though -- don't even know what you'd google to verify it.

~

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trenchcoatedson November 14 2009, 05:00:00 UTC
Yeah, not really helpful for my fic, but EXTREMELY interesting so I'm glad you shared that!

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