What is Oregon’s Death With Dignity Act?

Posted on August 9, 2024 in Medical Malpractice

Terminal and degenerative illnesses make the list of many people’s worst ways to die. The majority of people would prefer to die comfortably, at home in their sleep, or surrounded by loved ones. The Oregon Death with Dignity Act allows certain individuals who meet specified criteria to ensure this manner of passing. If you or a family member have sustained unnecessary harm or additional injury at the hands of a physician surrounding the Death with Dignity Act, you may benefit from speaking with a Portland medical malpractice lawyer with Paulson Coletti Trial Attorneys.

Death With Dignity Act Eligibility

The Death with Dignity Act in Oregon is meant to provide options for those with fatal conditions to have some control over their death. While the DWDA does provide a residency requirement. As of March 2022, that requirement will no longer be enforced, per the OHA Frequently Asked Questions. Additional requirements for eligibility include:

hands-on-coffin

  • Must be at least 18 years old
  • Able to make and communicate healthcare decisions
  • Diagnosed with a. terminal illness that offers a life expectancy of six months or less
  • The patient must make two oral requests
  • The patient must make one written request with two witnesses
  • A consulting physician must confirm diagnoses and prognoses
  • The physician must ensure the patient has received information on all feasible alternatives
  • The physician must request that the patient notify the next of kin. However, this may not be required

After a patient has met these requirements, the physician will provide a prescription for lethal medication. When this happens, the patient still has the option to take them at a time of their choosing. A recent Death with Dignity Act Data Summary shows that many patients who were prescribed the medication have not ingested it yet or waited a period of time before ingesting it.

Physician Guidelines

While the eligibility guidelines may be simple for the patient, the Oregon Health Authority (OHA) requires consistent documentation of instances where lethal medication is provided. These reporting requirements support the enforcement of the guidelines by requiring data that makes violations easier to identify. These reporting requirements can be found on the OHA website:

  • The care team must provide the below within seven days of the written prescription
    • Patient’s written request and consent form
    • Prescribing physician’s compliance form
    • Consulting physician compliance form
    • Psychiatric or psychological compliance form (if needed)
  • The pharmacy must provide the below within ten days of dispensing the medication
    • Pharmacy dispensing record form
  • The attending physician must provide the below within ten days of the patient’s death or ingestion of lethal medication
    • Attending physician follow-up form

The Oregon Revised Statutes specifically state that action in accordance with DWDA is exempt from being considered a suicide, mercy killing, or homicide under Oregon Law. Failure to act within the DWDA guidelines will result in OHA reporting the physician to the medical board. Upon investigation, the medical board may choose to take disciplinary action.