A law for end of life care in France?

Excerpt

The Minister of Health and the Parliament of France are considering new legislation on end of life care, which would expand two existing laws, one on palliative care (1999) and another on “the rights of patients” (2002). This legislation could mean a major advance for French intensivists in their daily practice. Although not oriented towards euthanasia, such a legislative frenzy stems from a case of euthanasia which received extensive media coverage and had a huge emotional impact nationwide (“L’affaire Humbert: après l’émotion, le débat,” Le Monde, 13 May 2003). A 20-year-old fireman, Vincent Humbert, died in September 2003 after the physician in charge, Frederic Chaussoy, withdrew mechanical ventilation. A car accident 3 years previously had left Vincent quadriplegic, blind, and mute, but he had recovered full consciousness and could communicate with his mother via the movements of his thumb. When he realized his condition would never improve, he asked to be given death, which all physicians refused. Euthanasia and all forms of assisted suicide are forbidden in France, as in most European countries. Ultimately only his mother was willing to comply with his wish; she put a deadly dose of Nesdonal in his gastric tube. When it was disclosed Vincent was dying, however, he was intubated and rushed to an ICU. After 36 h of mechanical ventilation the intensive care physician in charge, Dr. Chaussoy, under enormous pressure from Vincent’s family and the media, decided to withdraw life support, injected Nesdonal and, as it was learned later, intravenous potassium chloride. Marie Humbert, Vincent’s mother, was charged with “attempted murder” and Dr. Chaussoy for “poisoning,” which could result in him receiving a life sentence. The criminal investigation is still continuing, but there has been considerable emotion throughout the country, with the people by and large supporting both defendants. As Ministers disclosed publicly their division over the case, Parliament in October 2002 selected a Commission to advise the Government on whether to rule on euthanasia and end of life medical decisions. Conclusions were due by the spring of 2004. Meanwhile, hundreds of physicians loudly expressed their support for Chaussoy, opening a web site, and claiming that “they all have done the same that he did”. The pro-euthanasia movement (Association pour le Droit de Mourir dans la Dignité) hoped that it would ultimately lead to legalization of euthanasia. A few months after the Vincent Humbert story came to the light, another ICU criminal case made the headlines in French newspapers. Nurses from the surgical ICU of the University Hospital of Besançon reported to the public prosecutor that intensive care physicians there had committed several forbidden euthanasias. It was soon learned that 14 cases were being investigated; in four of the deaths curare and potassium had reportedly been used. …