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Jan 26, 1998

DePaul Health Law Institute Publishes Journal on All Aspects of Assisted Suicide

In the wake of the U.S. Supreme Court's 1997 rulings on physician-assisted suicide, DePaul University's Health Law Institute has published a comprehensive journal which explores all aspects of the topic.

"The court still has not offered a definitive decision on whether people have a right to physician-assisted suicide so the debate continues," said Donald H.J. Hermann, director of the Health Law Institute and author of the journal's lead article. "Even after the court has considered the issue, critical questions remain. The journal is a collection of analytical essays that provide a basis for understanding the current issues encompassing doctor assisted suicide."

The seven articles, each of which examines an aspect of physician-assisted suicide, are collected in the latest edition of the "DePaul Journal of Health Care Law" which is published by the institute. Economics, religion, the medical conditions surrounding physician-assisted suicide and whether people have a constitutional right to get help in ending their lives are all topics highlighted in the journal. One entry presents some of the misconceptions and implications about assisted suicide from a doctor's perspective.

Journal articles include:

"The Question Remains: Are There Terminally Ill Patients Who Have A Constitutional Right To Physician Assistance in Hastening The Dying Process" In this piece, Hermann discusses how the Supreme Court failed to provide a final answer to whether there is a right to physician assistance for terminal patients who want to accelerate their imminent deaths.

"Persistent Vegetative State: Medical, Ethical, Religious, Economic and Legal Perspectives" by Dr. John B. Oldershaw, an adjunct professor in DePaul's Health Law Institute, an associate professor in the department of neurosurgery at University of Illinois at Chicago and a senior attending physician at Cook County Hospital; Jeff Atkinson, an adjunct law professor at DePaul; and Louis D. Boshes, a professor emeritus and historian in the department of neurology at UIC. Their article explores the host of considerations doctors face when dealing with comatose patients.

"Undue Economic Influence on Physician Assisted Suicide" by Fred R. Garzino, editor-in-chief of DePaul's Law Review. Garzino argues that while judicial debate and public discussion on physician assisted suicide has centered on issues of constitutional merit such as personal autonomy and informed consent, these concerns have all been addressed separately. Garzino explores the need to discuss the role of economic forces that underlie these issues and significantly affect legal judgments concerning the proper balance among them.

"Physician-Assisted Suicide: Misconceptions and Implications From a Physician's Perspective" by Dr. Cory Franklin, director of critical care medicine at Cook County Hospital. This article examines the changing perception of physician assisted suicide in the medical community. Franklin explains that even as suicide became destigmatized in the lay community, the medical community played a prominent role in the reconsideration of physician involvement in assisted suicide.

"Physician Assisted Suicide Under Jewish Law" by Steven Resnicoff, a DePaul College of Law professor. This piece examines specific Jewish law principles relevant to physician assisted suicide and applies them to factual scenarios.

"Aquinas and Morphine: Notes on Double Effect at the End of Life" by Stephen R. Latham, director of the ethics division and deputy head of the Institute of Ethics for the American Medical Association. This article uses the Doctrine of Double Effect, "that it is sometimes morally justifiable to cause evil in the pursuit of good," to explain moral dilemmas doctors face in treating terminally ill patients.

"Australia's Northern Territory: The First Jurisdiction to Legislate Voluntary Euthanasia, and the First to Repeal It" by Andrew L. Plattner, a DePaul College of Law student. This article gives a historical account of Australia's Rights of the Terminally Ill Act, evaluates the factors leading to the Act's repeal and explores the effect of the once-recognized right to assisted suicide in Australia.

 

Established in 1984, DePaul's Health Law Institute is a comprehensive program of interdisciplinary research and education in the field of health law. One of the most respected programs of its kind in the country, the institute provides law students, practicing attorneys and health care administration students with specialized training in health law. It offers a master of laws in health law and several certificate programs. It also publishes numerous works in the area of health law and sponsors a range of conferences, programs and seminars.

NOTE TO REPORTERS: A copy of the journal is available upon request. Call the Health Law Institute at 312/362-6836 or Valerie Phillips in media relations at 312/362-5039. Donald Hermann can be reached at 312/362-8383.