MDU cautions members about assisted suicide discussions
Doctors are being reminded that assisting a suicide is illegal in England and Wales and that they should not give advice to patients to help them travel abroad to take their own lives.
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Publication date: 27 July 2009
The Medical Defence Union (MDU), the UK’s leading medical defence organisation, which has over 50 per cent of UK doctors as members, issued the warning in response to the RCN adopting a neutral position on the issue of assisted suicide and the media debate which has followed.
Ian Barker, MDU solicitor, said:
"As a result of the RCN stating in news reports that it wishes to ‘engage in a debate’1 with its nurse members about assisted suicide and the recent media interest in this issue, our members may be approached by patients for advice about ending their life with the help of an assisted suicide group abroad. We are reminding them that they could face a criminal investigation if alleged to have assisted with the act - even if that assistance was in the form of advice to the patient. Even if criminal proceedings do not follow, the GMC may still decide to investigate the doctor’s fitness to practise.
"The best thing a member can do if they are asked for help in these circumstances is to phone us for specific advice and not to engage in a discussion with the patient."
Section 2(1) of the Suicide Act 1961 states:
"A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years."
In 2008, the Director of Public Prosecutions decided that it would not be in the public interest to prosecute the parents of Daniel James after he travelled to Dignitas, the Swiss assisted suicide clinic, to commit suicide2. The MDU points out however that, in its view, this decision was case specific and does not change the legal position for doctors caring for a patient.
Further information
- Debate needed on assisted death, BBC news, 25 July, 2009
- No charges following death by suicide of Daniel James, CPS, 9 December 2008
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