Participating doctors' perspectives on the regulation of voluntary assisted dying in Victoria: a qualitative study
Authors: Cameron J McLaren and Greg Mewett
Published online: 7 March 2022
In reply
In reply: In their letter to the Editor,1 Harris and Cigolini make several points that call for correction. We echo concerns regarding the high practitioner caseload and encourage more doctors to complete voluntary assisted dying (VAD) training. Victorian legislation has been interpreted to require one assessing doctor to be a specialist in the patient’s medical condition. Few specialists completed VAD training in the early stages, which led to concentration of cases among these doctors. We applaud these doctors for their commitment to patients’ rights.
The article cited by Harris and Cigolini reports an association between an individual having a high wish to hasten death and their doctor being willing to assist in hastening death;2 however, this does not establish causation. Victorian doctors cannot initiate a discussion about VAD; it is difficult to conceive how doctors’ views would have an effect beyond facilitating access for those who request it.
The Victorian government cautions that the use of telehealth in VAD assessments may be a breach of sections of the Criminal Code Act 1995 (Cth) pertaining to suicide. Death certificates of patients who undergo VAD administration do not list suicide as the cause of death, therefore the applicability of the Criminal Code Act is unclear and yet to be tested in law. International evidence suggests that telehealth is being utilised in assisted dying assessments during the pandemic, and quality of care can be achieved.3,4
The claim that VAD is detracting from improvements in palliative care is equally unfounded. A report commissioned by Palliative Care Australia states: “If anything, in jurisdictions where assisted dying is available, the palliative care sector has further advanced.”5 The statement that palliative care needs “still remain largely unmet” is discordant with the Palliative Care Outcomes Collaboration report on patient outcomes in Victoria6 and fails to recognise the work of many dedicated Victorian palliative care clinicians.
We encourage robust discussion, but make the point that discussion must be based on unbiased analysis of best quality evidence. We reaffirm our call for more funding to develop the evidence base for these discussions.
Competing interests
No relevant disclosures.
References
- Harris MT, Cigolini MC. Participating doctors’ perspectives on the regulation of voluntary assisted dying in Victoria: a qualitative study [letter]. Med J Aust 2021; 216: 209.
- Kelly BJ, Burnett PC, Pelusi D, et al. Association between clinician factors and a patient’s wish to hasten death: terminally ill cancer patients and their doctors. Psychosomatics 2004; 45: 311–318.
- Dion S, Wiebe E, Kelly M. Quality of care with telemedicine for medical assistance in dying eligibility assessments: a mixed‐methods study. CMAJ Open 2019; 7: E721–729.
- Oliver P, Jonquiere R, Wilson M, McLaren C. Providing legal assisted dying and euthanasia services in a global pandemic: provider experiences and lessons for the future. World Federation of Right to Die Societies, 31 Jan 2021. https://wfrtds.org/wp‐content/uploads/2021/02/Report‐PAM‐Survey‐FINAL‐.pdf (viewed Sep 2021).
- Palliative Care Australia. Experience internationally of the legalisation of assisted dying on the palliative care sector: final report. 28 Oct 2018. Aspex Consulting, 2018. https://palliativecare.org.au/download/12763/ (viewed Sep 2021).
- Palliative Care Outcomes Collaboration. Patient outcomes in palliative care: Victoria, January to June 2021. August 2021. https://documents.uow.edu.au/content/groups/public/@web/@chsd/@pcoc/documents/doc/uow270597.pdf (viewed Aug 2021).
Linked content
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MJA Research: Participating doctors’ perspectives on the regulation of voluntary assisted dying in Victoria: a qualitative study
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MJA Editorial: Update on voluntary assisted dying in Australia
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MJA Letter: Participating doctors' perspectives on the regulation of voluntary assisted dying in Victoria: a qualitative study
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MJA Letter: In reply