Kathryn Tucker

Last updated
Kathryn Tucker
Born1959 (age 6465)
Education Hampshire College (BA)
Georgetown University (JD)
OccupationAttorney

Kathryn Tucker (born 1959) is an American attorney and the executive director of the End of Life Liberty Project, which she founded during her tenure as executive director of the Disability Rights Legal Center. [1] This appointment to the DRLC was opposed by every other major disability rights group and has since been terminated. She graduated from Georgetown University Law Center in 1985 and Hampshire College in 1981. Tucker has been an adjunct law professor at Lewis and Clark School of Law, Seattle University the University of Washington, Loyola/LA and Hastings. Beginning in 1990, while an attorney at the Seattle firm of Perkins Coie, she did pro bono work for Washington Citizens for Death with Dignity, which led her into the movement to legalize physician assisted suicide.

As legal director of Compassion & Choices in 1997 Tucker argued Washington v. Glucksberg before the U.S. Supreme Court, seeking to establish a federal constitutional right to choose physician assisted suicide, but the Supreme Court concluded that PAS is not a protected liberty interest under the US Constitution. Whether to legalize PAS was left up to each individual state. Tucker successfully defended the Oregon Death with Dignity Act in Oregon v. Gonzales. In that case, the Supreme Court ruled that the Controlled Substances Act does not allow the Attorney General to prohibit doctors from proscribing regulated drugs for use in physician assisted suicide under state law that permitted PAS.

Tucker was a lead author of a California law requiring pain management education for physicians, which passed in 2001. Tucker defends physicians who face prosecution for adequate pain management. She has published numerous articles on end-of-life issues in law, medicine and health policy journals.

Publications

Related Research Articles

<span class="mw-page-title-main">Assisted suicide</span> Suicide undertaken with aid from another person

Assisted suicide – alternately referred to as medical aid in dying – means a procedure in which people take medications to end their own lives with the help of others, usually medical professionals. The term usually refers to physician-assisted suicide (PAS), which is an end of life measure for a person suffering a painful, terminal illness. Once it is determined that the person's situation qualifies under the physician-assisted suicide laws for that location, the physician's assistance is usually limited to writing a prescription for a lethal dose of drugs.

Palliative care is an interdisciplinary medical caregiving approach aimed at optimizing quality of life and mitigating suffering among people with serious, complex, and often terminal illnesses. Within the published literature, many definitions of palliative care exist. The World Health Organization (WHO) describes palliative care as "an approach that improves the quality of life of patients and their families facing the problems associated with life-threatening illness, through the prevention and relief of suffering by means of early identification and impeccable assessment and treatment of pain and other problems, physical, psychosocial, and spiritual". In the past, palliative care was a disease specific approach, but today the WHO takes a broader patient-centered approach that suggests that the principles of palliative care should be applied as early as possible to any chronic and ultimately fatal illness. This shift was important because if a disease-oriented approach is followed, the needs and preferences of the patient are not fully met and aspects of care, such as pain, quality of life, and social support, as well as spiritual and emotional needs, fail to be addressed. Rather, a patient-centered model prioritizes relief of suffering and tailors care to increase the quality of life for terminally ill patients.

The right to die is a concept based on the opinion that human beings are entitled to end their life or undergo voluntary euthanasia. Possession of this right is often understood that a person with a terminal illness, incurable pain, or without the will to continue living, should be allowed to end their own life, use assisted suicide, or to decline life-prolonging treatment. The question of who, if anyone, may be empowered to make this decision is often the subject of debate.

Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death.

In medicine, specifically in end-of-life care, palliative sedation is the palliative practice of relieving distress in a terminally ill person in the last hours or days of a dying person's life, usually by means of a continuous intravenous or subcutaneous infusion of a sedative drug, or by means of a specialized catheter designed to provide comfortable and discreet administration of ongoing medications via the rectal route.

Terminal illness or end-stage disease is a disease that cannot be cured or adequately treated and is expected to result in the death of the patient. This term is more commonly used for progressive diseases such as cancer, dementia or advanced heart disease than for injury. In popular use, it indicates a disease that will progress until death with near absolute certainty, regardless of treatment. A patient who has such an illness may be referred to as a terminal patient, terminally ill or simply as being terminal. There is no standardized life expectancy for a patient to be considered terminal, although it is generally months or less. Life expectancy for terminal patients is a rough estimate given by the physician based on previous data and does not always reflect true longevity. An illness which is lifelong but not fatal is a chronic condition.

Compassion & Choices is a nonprofit organization in the United States working to improve patient autonomy and individual choice at the end of life, including access to medical aid in dying. Its primary function is advocating for and ensuring access to aid in dying.

Washington v. Glucksberg, 521 U.S. 702 (1997), was a landmark decision of the U.S. Supreme Court, which unanimously held that a right to assisted suicide in the United States was not protected by the Due Process Clause.

Involuntary Euthanasia is currently illegal in all 50 states of the United States. Assisted suicide is legal in 10 jurisdictions in the US: Washington, D.C. and the states of California, Colorado, Oregon, Vermont, New Mexico, Maine, New Jersey, Hawaii, and Washington. The status of assisted suicide is disputed in Montana, though currently authorized per the Montana Supreme Court's ruling in Baxter v. Montana that "nothing in Montana Supreme Court precedent or Montana statutes [indicates] that physician aid in dying is against public policy."

End-of-life care (EOLC) refers to health care provided in the time leading up to a person's death. End-of-life care can be provided in the hours, days, or months before a person dies and encompasses care and support for a person's mental and emotional needs, physical comfort, spiritual needs, and practical tasks.

The Liverpool Care Pathway for the Dying Patient (LCP) was a care pathway in the United Kingdom covering palliative care options for patients in the final days or hours of life. It was developed to help doctors and nurses provide quality end-of-life care, to transfer quality end-of-life care from the hospice to hospital setting. The LCP is no longer in routine use after public concerns regarding its nature. Alternative pathways are now in place to ensure patients are able to have dignity in their final hours of life. Hospitals were also provided cash incentives to achieve targets for the number of patients placed on the LCP.

Barbara Coombs Lee is an American activist, author, former family nurse practitioner and physician assistant, and president emerita/senior adviser of Compassion & Choices, a national non-profit organization dedicated to expanding and protecting the rights of the terminally ill.

<span class="mw-page-title-main">Washington Death with Dignity Act</span> Ballot measure in Washington legalizing some assisted suicide

Initiative 1000 (I-1000) of 2008 established the U.S. state of Washington's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Washington the second U.S. state to permit some terminally ill patients to determine the time of their own death. The effort was headed by former Governor Booth Gardner.

Euthanasia became legal in New Zealand when the End of Life Choice Act 2019 took full effect on 7 November 2021. It is illegal to "aid and abet suicide" under Section 179 of the New Zealand Crimes Act 1961. The clauses of this act make it an offence to "incite, procure or counsel" and "aid and abet" someone else to commit suicide, regardless of whether a suicide attempt is made or not. Section 179 covers both coercion to undertake assisted suicide and true suicide, such as that caused by bullying. This will not change under the End of Life Choices Act 2019, which has provisions on coercion of terminally ill people.

<span class="mw-page-title-main">Assisted suicide in the United States</span> Medically-induced suicide with help from another person

Assisted suicide is suicide with the aid of another person. In the United States, the term "assisted suicide" is typically used to describe what proponents refer to as medical aid in dying, in which terminally ill adults are prescribed and self-administer barbiturates if they feel that they are suffering significantly. The term is often used interchangeably with physician-assisted suicide (PAS), "physician-assisted dying", "physician-assisted death", "assisted death" and "medical aid in dying" (MAiD).

<i>Baxter v. Montana</i> Montana Supreme Court decision ruling physician-assisted dying is not illegal

Baxter v. Montana, is a Montana Supreme Court case, argued on September 2, 2009, and decided on December 31, 2009, that addressed the question of whether the state's constitution guaranteed terminally ill patients a right to lethal prescription medication from their physicians. The Montana Supreme Court sidestepped the question of if medical aid in dying is guaranteed under Montana State Constitution, but it instead ruled, on narrower grounds, that neither legal precedent nor the state's statute deem such assistance to be against public policy or illegal. Montana is one of ten states in which aid in dying is authorized. The others are California, Colorado, Hawaii, Maine, New Jersey, New Mexico, Oregon, Vermont, and Washington; it is authorized in the District of Columbia as well.

<span class="mw-page-title-main">2012 Massachusetts Question 2</span> "Death with dignity" ballot initiative

The Massachusetts "Death with Dignity" Initiative, also known as Question 2, appeared on the November 6, 2012 general election ballot in the state of Massachusetts as an indirect initiated state statute to allow physician-assisted suicide. The measure was filed with the Massachusetts Attorney General and would establish, according to those who filed the measure, an "Act Relative to Death with Dignity". The petition number for the initiative was 11-12, and was filed by Michael Clarke as "An Initiative Petition for an Act Relative to Death with Dignity".

<span class="mw-page-title-main">M. R. Rajagopal</span> Indian palliative care physician (born 1947)

M. R. Rajagopal is an Indian palliative care physician (anesthesiologist) and professor referred to as the 'father of palliative care in India' in honour of his significant contribution to the palliative care scene in India.

<span class="mw-page-title-main">Harvey Chochinov</span> Canadian academic and psychiatrist

Harvey Max Chochinov is a Canadian academic and psychiatrist from Winnipeg, Canada. He is a leading authority on the emotional dimensions of end-of-life, and on supportive and palliative care. He is a Distinguished Professor of Psychiatry at the University of Manitoba and a Senior Scientist at CancerCare Manitoba Research Institute.

Act 39 of 2013 established the U.S. state of Vermont's Patient Choice and Control at End of Life Act, which legalizes medical aid in dying with certain restrictions. Vermont was the first state to enact this Law through legislative action; it permits some terminally ill patients to determine the time of their own death.

References

  1. DRLC Names New Executive Director Archived 2016-03-05 at the Wayback Machine , disabilityrightslegalcenter.org, September 4, 2014.