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A COMPARATIVE VIEW OF THE LAW, ETHICS, AND POLICIES SURROUNDING MEDICAL AID IN DYING IN THE UNITED STATES AND NETHERLANDS

Publication Title

Washington University Global Studies Law Review

Abstract

This note will compare the state of the law surrounding medical aid in dying in the United States and the Netherlands. Medical aid in dying is currently legal in eight American states and the District of Columbia.3 In all nine United States jurisdictions that currently allow medical aid in dying, the only form of medical aid in dying that is available is what is commonly known as physician assisted suicide.4 Physician assisted suicide is a type of medical aid in dying by which lethal means are made available to patients for their personal use at a time of their choosing.5 By contrast,euthanasia entails the physician taking an active role in causing the death of the patient, typically by administering a concoction of intravenous drugs that lead to death.6 Due to a prohibition on active voluntary euthanasia, the patient must be able to complete, on their own, a voluntary act to self-administer the life ending medication.7 The Netherlands has taken medical aid in dying even further, legalizing active voluntary euthanasia.8 This note will explore the history of and justifications for medical aid in dying laws in the United States and the legal history surrounding the issue in the Netherlands and attempt to provide insight into how the law should develop in the future.

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