X-Message-Number: 11428 Date: Thu, 18 Mar 1999 09:43:08 -0700 From: Arizonans for Death with Dignity <> Subject: Case points out ambiguities in Oregon law from THE OREGONIAN (Wednesday March 17, 1999) --------------------------------------------------------------------- COOS COUNTY DROPS ASSISTED-SUICIDE INQUIRY Authorities find there was no wrongdoing when Patrick Matheny, a terminally ill Coos Bay man, took his lethal prescription By Erin Hoover Barnett of The Oregonian staff Coos County authorities have determined that the physician-assisted suicide of a Coos Bay man with Lou Gehrig's disease followed the law, and they have closed their inquiry. "We think the purpose of the law was served and we have no further questions," said Paul Burgett, Coos County district attorney. Burgett requested a medical examiner's inquiry into the March 10 death of Patrick Matheny, 43, after The Oregonian reported that Matheny's brother-in-law helped Matheny commit physician-assisted suicide. Matheny, who had amyotrophic lateral sclerosis, or ALS, was almost completely paralyzed from his disease at the time he used his lethal medication mixed with a chocolate nutrition drink. The case raised the question of how much a bystander can help a dying person take a legally prescribed lethal dose, an area in which the Oregon Death With Dignity Act gives no guidance. But Burgett said his conclusion in this case does not provide definitive answers. Burgett asked for a death investigation to be sure that it was Matheny's intention at the time to commit physician-assisted suicide and to learn more about how the brother-in-law might have helped Matheny. Kris Karcher, assistant to the Coos County chief deputy medical examiner, talked with Robert Matheny, Patrick Matheny's father. Patrick Matheny wanted to spare his parents the experience of his death but wanted someone with him when he died in his travel trailer behind his parents' home. His brother-in-law, who had a close relationship with Matheny, filled that role. The brother-in-law shared the news of Matheny's death with Matheny's parents shortly after it happened. Karcher said she learned from Robert Matheny that "the medication was taken orally and it was difficult for him to swallow and it did take him some time to swallow it." Karcher said she left their conversation with the understanding that Patrick Matheny's brother-in-law, Joe Hayes, held the glass for Matheny so that he could drink his lethal mixture from a straw. Hayes told The Oregonian last week that he had to help Matheny die but would not elaborate, saying it was too personal. "It doesn't go smoothly for everyone," Hayes said last week. "For Pat, it was a huge problem. It would have not worked without help." Karcher said Robert Matheny also confirmed that it was Patrick Matheny's intention up until the very end to use his lethal medication, which he got in November. Karcher said Robert Matheny indicated that the family had no problems with how the death occurred. Karcher said she felt satisfied and did not contact Hayes. "There was no need to talk with Joe," said Karcher, a registered nurse. Authorities had already learned last week from the mortuary workers who viewed Matheny's body before cremation that there were no signs of foul play. Burgett said they would not have done an autopsy in Matheny's case, even if the body had not been cremated, because there was no evidence to justify it. The Oregon Death With Dignity Act gives people immunity from criminal prosecution as long as they follow the law. The law prohibits lethal injection, mercy killing and active euthanasia, which imply someone taking direct action to kill a patient. And the law creates an exception to the criminal law that prohibits people from assisting a person in a suicide. The "assistance" part of the physician-assisted suicide law is the role of the doctor who writes the prescription that a person can use to die. Any other permissible assistance is not spelled out. Burgett needed to decide if Hayes' actions violated the law to an extent that he should consider prosecuting him under criminal law for assisting a person's suicide. The other possibility would have been homicide, but Burgett had no evidence of that. Burgett said he felt satisfied that Hayes was assisting Matheny in a legal act that Matheny intended to commit. He said that a person who is disabled should have the right to physician-assisted suicide, as long as they are otherwise qualified. But Burgett said his conclusions in this case should not serve as a precedent for other people who are with a terminally ill person who uses a lethal prescription. He suggested that loved ones and caregivers get legal advice before the dying person takes the medication if they think that the person might need help to take it. He suggested documenting that the person wanted to take the medication and that the person could not do so without help. He said that perhaps at least two people should be with the dying person to substantiate that any assistance is given only to help the person carry out his or her legal and desired act. "But there are 36 district attorneys in Oregon and each one of them might take a different position," Burgett said. "I think people need to be cautious." David Schuman, deputy attorney general for the state of Oregon, said the Matheny case in no way decides the issue of how much a bystander can assist. He said the question of whether a disabled dying person has equal access to physician-assisted suicide also remains unanswered. Schuman said those issues will have to be decided in the courts or through changes to the law. Changes to the Oregon Death With Dignity Act in either of these areas so far appear unlikely. State Sen. Neil Bryant, R-Bend, has scheduled a hearing today at the Capitol to address more than a dozen changes he has proposed to the law. The issues of bystander assistance and the rights of the disabled are not among them. Bryant has said that while he expects participants in the hearing to bring up the Matheny case, he does not expect to add these issues to his list of proposed changes. ----------------------------------------------------------------------- This message from Arizonans for Death with Dignity David Brandt-Erichsen, AzDD website manager <> or <> http://www.hemlock.org/hemlock/arizona or http://www.azstarnet.com/~davidbe/hemlock Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=11428