A. If New York Follows Oregon Practice, the Act Will Apply to Young Adults With Chronic Conditions Such as Diabetes
The proposed Act applies to persons with a terminal illness or condition expected to produce death within six months. The Act states:
“Terminal illness or condition” means an incurable and irreversible illness or condition that has been medically confirmed and will, within reasonable medical judgment, produce death within six months. (Emphasis added).[16]Oregon’s law has a similar criteria, as follows:
“Terminal disease” means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within six months.[17]In Oregon, this similar criteria is construed to include chronic conditions, such as diabetes if the patient is insulin dependent. Oregon doctor, William Toffler, explains:
5. 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.
6. This is significant when you consider that, without insulin, a typical insulin-dependent 20 year old will live less than a month. Such persons, with insulin, are likely to have decades to live.... [18]B. Predictions of Life Expectancy Can Be Wrong
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.[19]
Consider John Norton, who was diagnosed with ALS at age 18.[20] He was told that he would get progressively worse (be paralyzed) and die in three to five years.[21 ] Instead, the disease progression stopped on its own.[22] His affidavit states:
If assisted suicide or euthanasia had been available to me in the 1950's, I would have missed the bulk of my life and my life yet to come.[23]C. Treatment Can Lead to Recovery
Consider also Jeanette Hall, who was diagnosed with cancer in 2000 and made a settled decision to use Oregon’s law.[24] Her doctor convinced her to be treated instead.[25] Her declaration states:
It has now been 19 years since my diagnosis. If [my doctor] had believed in assisted suicide, I would be dead.[26]Footnotes:
[16] Bill A 2694 3, lines 16-18, and Bill S 3947 3, lines 13-15, attached in the appendix of the memo posted January 10, 2020, at pages A-7 and A-21, respectively.
[17] Or. Rev. Stat. 127.800 s.1.01(12), attached in the appendix at p. A-52
[18] Declaration of William Toffler, MD, May 1, 2018, attached in the appendix at pages A-49 through A-54; quote at page A-50. See also Oregon report excerpt, attached at page A-53 (listing diabetes as an underlying illness sufficient for assisted suicide) .
[19] Cf. Jessica Firger, "12 Million Americans Misdiagnosed Each Year," CBS NEWS, April 17, 2014, attached in the appendix, at page A-55; and Nina Shapiro, "Terminal Uncertainty ...," supra, attached in the in the appendix at A-36 to A-39.
[20] Affidavit of John Norton, attached in the appendix at A-56 to A-58.
[21] Id. at A-5 6, ¶ 1
[22] Id., at A-57, ¶ 4
[24] Declaration of Kenneth Stevens, MD, ¶ ¶ 3 to 7; attached in the appendix at A-59 to 4-61; Hall declaration attached at A-62.
[25] Id.
[26] Hall Declaration, ¶4, attached in the appendix at A-62.
