A. If New Hampshire Follows Oregon Practice, the Act Will Apply to Young Adults With Diabetes
The proposed Act, HB 1659, applies to persons with a terminal disease expected to produce death within six months.
The Act states: “'Terminal disease' means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months." [1]
The proposed Act, HB 1659, applies to persons with a terminal disease expected to produce death within six months.
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| William Toffler, MD |
In Oregon, a nearly identical definition is construed to include diabetes if the patient is insulin dependent.[2] Oregon doctor, William Toffler, explains:
Eligible persons may also have years or decades to live because predictions of life expectancy can be wrong. This is true due to actual mistakes (the test results got switched), and because predicting life expectancy is not an exact science.[4]
In Oregon, chronic conditions such as insulin dependent diabetes are sufficient for assisted suicide, if, without treatment, the patient has less than six months to live.
This is significant when you consider that, without insulin, a typical insulin-dependent 20 year old will live less than a month.[3]B. Predictions of Life Expectancy Can Be Wrong, John Norton
Eligible persons may also have years or decades to live because predictions of life expectancy can be wrong. This is true due to actual mistakes (the test results got switched), and because predicting life expectancy is not an exact science.[4]
Consider John Norton, now 82 years old. Diagnosed with ALS at age 18, he was told that he would get progressively worse (be paralyzed) and die in three to five years. His affidavit, submitted to a Canadian court, states:
Consider also Jeanette Hall, who was diagnosed with cancer in 2000 and made a settled decision to use Oregon’s law. Her doctor convinced her to be treated for cancer instead. Her declaration states:
[1] The Act, Section 137-M:2, XIII.
[2] See Oregon’s Act, 127.800 s.1.01(12).
[3] Toffler Declaration, May 1, 2018, at page A-26. See also Oregon Report excerpt at page A-29.
[4] Cf. Jessica Firger, “12 Million Americans Misdiagnosed Each Year,” CBS NEWS, April 17, 2014 and Nina Shapiro, “Terminal Uncertainty," Washington's new "Death With Dignity" law allows doctors to help people commit suicide,once they've determined that the patient has only six months to live. But what if they're wrong?, Seattle Weekly, January 13, 2009.
[5] Declaration of John Norton, paragraphs 3 & 4.
[6] Declaration of Jeanette Hall, July 14, 2019.
I became depressed and was treated for my depression. If instead, I had been told that my depression was rational and that I should take an easy way out with a doctor’s prescription and support, I would have taken that opportunity.
Six years after my initial diagnosis, the disease progression stopped.... I still can’t grip with my hands.... But, I have a wonderful life.... I help other people by working as a volunteer driver.[5]C. Treatment Can Lead to Recovery, Jeanette Hall
Consider also Jeanette Hall, who was diagnosed with cancer in 2000 and made a settled decision to use Oregon’s law. Her doctor convinced her to be treated for cancer instead. Her declaration states:
It has now been 19 years since my diagnosis. If [my doctor] had believed in assisted suicide, I would be dead.[6]Footnotes:
[1] The Act, Section 137-M:2, XIII.
[2] See Oregon’s Act, 127.800 s.1.01(12).
[3] Toffler Declaration, May 1, 2018, at page A-26. See also Oregon Report excerpt at page A-29.
[4] Cf. Jessica Firger, “12 Million Americans Misdiagnosed Each Year,” CBS NEWS, April 17, 2014 and Nina Shapiro, “Terminal Uncertainty," Washington's new "Death With Dignity" law allows doctors to help people commit suicide,once they've determined that the patient has only six months to live. But what if they're wrong?, Seattle Weekly, January 13, 2009.
[5] Declaration of John Norton, paragraphs 3 & 4.
[6] Declaration of Jeanette Hall, July 14, 2019.