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Human rights and bioethics updates

A blog dedicated to updating you upon legislation and ethical debates around human rights (principally under the angle of law-enforcement forces) and bioethics (under the angle of the protection of vulnerable persons). You are welcome to leave your comments on any of the posts!

Wednesday, February 16, 2005

A judicial decision in France on "double effect" medications

Another important news which appeared in today's (16/02/05) French newspaper Le Monde was the decision of a French investigating magistrate (juge d'instruction) of innocenting a doctor who was accused of euthanizing 9 patients in 2000. This decision was officially published (an exceptional measure by French standards for decisions by investigating judges).

In the case, Dr. Joel de Bourayne, a cardiologist, was accused of having administered "sedating cocktails" to his patients, i.e. DLP cocktails (made out of Dolosal an opioid pain-killer, of Largactyl, a tranquilizer and Phénergan , a sedative). The doctor maintained that he had been only applying the doctrine of "double effect" medications (the first, most important effect is that of allievating pain, the second can be that of shortening life for the patient). In this case, the news came to the open only after a member of the personel spoke out, according to the judge, by vengeance. According to this decision, the "double-effect" medications were used in an optic of palliative care. You may read a resume (in French) on the site of Le Monde : http://www.lemonde.fr/web/article/0,1-0@2-3226,36-398278,0.html

Since I do not know precisely the facts of the case, I cannot validly express an opinion. However a couple of remarks might be interesting:

1° The "cocktail" of medicaments used is not a "lytic cocktail", since it does not provoke death in itself (except when there is overdose). It might be, in fact, case of "double effect" medication.

2° This case will probably be used by euthanasia proponents to maintain confusion between what they call "passive euthanasia" (which ranges widely from abstaining from curing some illness, to double-effect medication in passing by switching off a respirator), and active euthanasia (deliberately injecting a substance to a patient, in order to provoke his death).