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'BODY OF PRACTICE' TO BYPASS THE LAW

A meeting was held by Dr. Brian Iddon, Labour MP for Bolton South East, at 2.30 pm in the Jubilee Room, Westminster Hall (via St. Stephen's entrance) on Tuesday l4th December to discuss "Endangering Life". The speakers were Dr. Tony Cole, FRCP, DCH, Chairman of the Medical Ethics Alliance, and Dr. Denis Daley. FRCP, committee member of the doctors' group First Do No Harm. Note: a Private Member's Bill, to prevent doctors intentionally causing the death of patients by commission or by omission, will have its Second Reading debate in the House of Commons on 28th January.

Below are extracts from the speech by Dr. Cole:

"In 1993 Tony Bland, the Hillsborough victim believed to be insentient, died when his feeding tube was removed. Eleven judges including four Law Lords were involved in that decision which for the first time permitted death by the omission of a necessity. Now the BMA are advancing another radical and far-reaching step.

"In its document 'Withholding and Withdrawing Medical Treatment' published in June it seeks to guide doctors in extending the withholding or withdrawal of tubal food and fluids from severe stroke and Alzheimer's sufferers. It recommends that this life-ending decision be made by two doctors without involvement of the court.

"This huge extension which is not to be confined to those in whom death is thought to be imminent, could come about without public, or parliamentary debate by a series of steps taken by health trusts and Government endorsing them and effectively producing a code of practice. Why is there such haste?

"The BMA document says 'Decisions about artificial nutrition and hydration sometimes arise in connection with common conditions which currently are not taken to court but around which a body of practice has evolved (our italics)'. The BMA are clearly concerned that doctors may be criticised and wish to protect doctors and through a code, influence the courts.

"In fact very few Health Trusts, families and doctors have sought a court declaration on patients like Tony Bland, the vast majority continuing to nourish them by the appropriate tubal means. Furthermore since the BMA published its document doctors' organisations numbering 6,000 members have come together to oppose it and have produced an alternative document on Withholding and Withdrawing Treatment obtainable on a website: http://www.medethics-alliance.org/

"The substance of this document is an affirmation in humanity and justice that all patients with difficulty in swallowing who are not dying, should receive food and fluids by appropriate means if they need it or would suffer without it. We are certain this is consistent with the best traditions of medical ethics and practice."

Dr. Denis Daley, of "First Do No Harm", said:

"If in 1956, when I qualified in medicine, it had been predicted that by the end of the century, it would be suggested by responsible medical authority that patients, mainly elderly, unable to eat or drink on account of disease, should be left unaided so as to hasten death, the reaction would have been outraged denial that such a thing could be contemplated. How times have changed . . ."