Pain (44 page)

15
. Dr. William Hurwitz, “The Police State of Medicine,” remarks before the Drug Policy Foundation, October 18, 1997, New Orleans, LA,
www.druglib rary.org/schaffer/asap/policestate.htm
.

16
. Commenting on changes in late 1980s and early 1990s, Ann Alpers noted that “the past decade has marked a sharp increase in the number of physicians prosecuted for criminal negligence based on arguably negligent patient care.” Ann Alpers, “Criminal Act or Palliative Care? Prosecutions Involving the Care of the Dying,”
Journal of Law, Medicine, and Ethics
26 (1998): 308–11. See also P. R. Van Grunsven, “Criminal Prosecutions of Health Care Providers for Clinical Mistakes and Fatal Errors: Is ‘Bad Medicine' a Crime?”
Journal of Health and Hospital Law
29 (1996): 107; for “high,” see Drug Reform Coalition Network, “Defend Chronic Pain Treatment,”
Activist Guide
, June 5, 1996; for “I was charged …” and “hearing might well be …,” see Hurwitz, “Police State of Medicine”; for “arrested in his office …,” see Rose, “Anatomy of a Pain Summit.”

17
. For limited understanding discussion, see D. E. Joranson, C. S. Cleeland, D. E. Weissman, and A. M. Gilson, “Opioids for Chronic Cancer and Noncancer Pain: A Survey of State Medical Board Members,”
Federation Bulletin
79 (1992):
15–49; the “while most respondents …,” study is described in the following way in David E. Joranson, Aaron M. Gilson, June L. Dahl, and J. David Haddox, “Pain Management, Controlled Substances, and State Medical Board Policy: A Decade of Change,”
Journal of Pain and Symptom Management
23, no. 2 (February 2002): 138–47; for “treated like addicts …,” see Hurwitz, “Police State of Medicine.”

18
. Hill, “Pain Management in a Drug-Oriented Society,” 2383–86; for Oregon's Death with Dignity legislation, see Joshua M. Wiener, “Oregon's Plan for Health Care Rationing: Bold Initiative or Terrible Mistake?”
Brookings Review
10 (Winter 1992): 26–31.

19
. For extensive analysis of the PAS controversy, see Neil M. Gorsuch,
The Future of Assisted Suicide and Euthanasia
(Princeton, NJ: Princeton University Press, 2006).

20
. Lisa Belkin, “Doctor Tells of First Death Using His Suicide Device,”
New York Times
, June 6, 1990, A1.

21
. For “we take it as obvious …,” see Marvin Zalman, John Strate, Denis Hunter, and James Sellars, “Michigan's Assisted Suicide Three Ring Circus—an Intersection of Law and Politics,”
Ohio Northern University Law Review
23 (1997): 919; for “moral entrepreneur,” see Juanne N. Clarke, “The Physician as Moral Entrepreneur,”
Journal of Religion and Health
21 (Winter 1982): 290–306; and also Howard Becker,
Outsiders: Studies in the Sociology of Deviance
(New York: Free Press, 1963): 147–53.

22
. For the principle of double effect, see Raanan Gillon, “The Principle of Double Effect and Medical Ethics,”
British Medical Journal
292 (January 19, 1986): 193–94; for “lives of horrible desperation,” see “People of the State of Michigan, Plaintiff, v. Jack Kevorkian, Defendant,”
Issues in Law and Medicine
9 (1993): 189–208.

23
. For “introduced a package …,” see Marvin Zalman et al., “Michigan's Assisted Suicide Three Ring Circus,”
Ohio Northern University Law Review
23 (1997): 913. Tim Richard, “Pain Management Bills to Cut Assisted Suicide,”
Birmingham-Bloomfield Eccentric
, June 13, 1996, A12; for “nothing in this section …,” see April 8, 1994, Florida Statutes, chap. 458, Medical Practice, § 458.326, Intractable Pain, Authorized Treatment; for “safe harbor,” see Allen R. Grossman and D. C. Mackey, “Narcotic Prescription for Pain Management in Florida: The Physician and the Law,”
Journal of the Florida Medical Association
83, no. 10 (December 1996): 673–74. See also M. Skinner, “Aspects of the Problem in Treating Chronic Pain: Florida Pain Management Guidelines,”
Journal of the Florida Medical Association
84 (February 1997): 85–86; for the emerging question, see “Narratives of Pain and Comfort: Dr. M's Story,”
Journal of Law, Medicine, & Ethics
24 (1996).

24
. For “explaining that he would …,” see Drug Reform Coalition Network, “Defend Chronic Pain II,”
Activist Guide
, December 9, 1996; for “effort to characterize …,” see New York State Task Force on Life and Law, “When Death Is Sought: Assisted Suicide and Euthanasia in the Medical Context (Supplement to the Report),”
http://wings.buffalo.edu/bioethics/suppl.html#
.

25
. For “I don't think …,” see Allan Parachini, “Bringing Euthanasia Issue to the Ballot Box,”
Los Angeles Times
, April 10, 1987, G1; for “was a precedent …,” see Dirk Johnson, “Foes of Abortion View ‘Right to Die' as Second Battle over Life and Death,”
New York Times
, July 31, 1990, A8.

26
. “State of Michigan in the Circuit Court for County of Oakland. People of the State of Michigan, plaintiff, v. Jack Kevorkian, defendant. Case No. CR-92-115190-FC,”
Issues in Law and Medicine
9 (1993): 189–208. See discussion of PAS cases in Janet M. Branigan, “Michigan's Struggle with Assisted Suicide and Related Issues as Illuminated by Current Case Law: An Overview of People v. Kevorkian,”
University of Detroit Mercy Law Review
72 (1994–1995): 959–87; Benton Kirk Morris, “Physician Assisted Suicide: The Abortion of the Nineties,”
Law and Psychology Review
20 (1996): 215–29; Terry Brantley, “People v. Kevorkian: Michigan's Supreme Court Leads the Way in Declaring No Fundamental Right to Assist Another in Suicide,”
Mercer Law Review
47 (1995–1996): 1191–99; Katherine C. Glynn, “Turning to State Legislatures to Legalize Physician-Assisted Suicide for Seriously Ill, Non-terminal Patients after
Vacco v. Quill
and
Washington v. Glucksberg
,”
Journal of Law and Policy
(1997): 329–62. See also “In the United States District Court for the District of Oregon,”
Issues in Law and Medicine
12 (1996): 79–92.

27
. James M. Hoefler, “Diffusion and Diversity: Federalism and the Right to Die in the Fifty States,”
Publius
24 (Summer 1994): 153–70.

28
. For initiative rejection, see Alexander Morgan Capron, “At Law: Even in Defeat, Proposition 161 Sounds a Warning,”
Hastings Center Report
23 (January–February 1993): 32–33.

29
. For the new and ongoing battles, see Brad Knickerbocker, “Oregon's Suicide Measure Draws Hippocratic Fire,”
Christian Science Monitor
, November 14, 1994, 1; for “to ensure that seriously ill …,” see California Department of Public Health, Proposition 215,
www.cdph.ca.gov/programs/mmp/pages/compassionateuseact.aspx
; for DEA warnings, see Dave Hogan, “AMA Endorses Legislation to Block Assisted-Suicide Law”
Oregonian
, June 25, 1999, B01.

30
. For district court findings, see the case, Compassion in Dying v. Washington, No. 94-35534, 79 F.3d 790 (9th Cir., 1996),
http://caselaw.findlaw.com/us-9th-circuit/1139892.html
.

31
. For “the enemies …,” see Drug Reform Coalition Network, “War on Pain Control”
Activist Guide
, October 26, 1996; on persecution in the face of the “just say no” rhetoric surrounding drugs and permissiveness, one doctor's article answered back: S. Z. Pantilat, “Just Say Yes: The Use of Opioids for Managing Pain at the End of Life,”
Western Journal of Medicine
171(1999): 257–59. On a 2000 National Public Radio program, “The People's Pharmacy,” hosts noted, “The “just say no” campaign has had a consequence … In our efforts to discourage people from taking illicit drugs, we've also made people in pain fear legitimate pain control and adequate pain medication.” For “the chilling effect …,” see Drug Reform Coalition Network, “War on Pain Control.”

32
. For “feel their pain …,” see Schottenstein, Zox, and Dunn, “Ohio Enacts New Intractable Pain Legislation,”
Ohio Health Law Update
3 (September 1997); for “comply with acceptable pain …,” see David E. Joranson, Aaron M. Gilson, June L. Dahl, and J. David Haddox, “Pain Management, Controlled Substances, and State Medical Board Policy: A Decade of Change,”
Journal of Pain and Symptom Management
23, no. 2 (February 2002), 142–43; for “opening the door …,” see David Joranson and Aaron Gilson, “State Intractable Pain Policy: Current Status,”
American Pain Society Bulletin
7 (1997).

33
. See Vacco v. Quill, 117 S. Ct. 2293 (1997); for analysis of the Supreme Court's ruling, see George J. Annas, “The Bell Tolls for a Constitutional Right to Physician-Assisted Suicide,”
New England Journal of Medicine
337 (October 9, 1997): 1098–1103.

34
. For “compassion is a proper …,” see Compassion in Dying v. Washington. See also discussion in Morris, “Physician Assisted Suicide”; for Ohio's Supreme Court, see National Catholic Bioethics Center chart of state-by-state policies,
www.ncbcenter.org/document.doc?id=177
; for the Florida State Supreme Court ruling, see Ben F. Overton and Katherine E. Giddings, “The Right of Privacy in Florida in the Age of Technology and the Twenty-First Century: A Need for Protection from Private and Commercial Intrusion,”
Florida State University Law Review
25 (1997): 30. The Florida case is Krischer v. McIver, 22
Florida Law Weekly
S443 (Fla. 1997); for Supreme Court, see Don Marquis and Alexander Capron, “The Ultimate Pain Relief,”
Hastings Center Report
25 (November–December 1995): 2–3.

35
. “Courts in Conflict,”
Los Angeles Times
, December 2, 1980, C10.

36
. Daniel Rodgers,
Age of Fracture
(Cambridge, MA: Harvard University Press, 2011), 11.

37
. On the AMA amicus brief and the court, the principle is often associated with Aquinas and with Roman Catholic moral theology. See discussion in
relation to American law and compassionate death in Richard S. Kay, “Causing Death for Compassionate Reasons in American Law,”
American Journal of Comparative Law
54 (Fall 2006): 693–716. See also Kenneth L. Vaux, “The Theologic Ethics of Euthanasia,”
Hastings Center Report
19 (January–February 1989): 19–22; for “the recognition …,” see Yale Kamisar, “Assisted Suicide and Euthanasia: An Exchange,”
New York Review of Books
, November 6, 1997,
www.nybooks.com/articles/archives/1997/nov/06/assisted-suicide-and-euthanasia-an-exchange/
.

38
. “Dennis. C. Vacco, Attorney General of New York, et al., Petitioners, v. Timothy E. Quill et al., No. 95-1858. Washington, D.C., Wednesday, January 8, 1997. Oral Argument before Supreme Court of the United States,”
Issues in Law and Medicine
12 (1996–1997): 417–39; “State of Washington, Christine O. Gregoire, Attorney General of Washington, Petitioners, v. Harold Glucksberg, M.D., Abigail Halperin, M.D., Thomas A. Preston, M.D., and Peter Shalit, M.D., Ph.D., Respondents,”
Issues in Law and Medicine
12 (1996–1997): 295–321; One reaction to opinions in the
Glucksberg
case, for example, came from the New York State Task Force, which took issue with the judges who had alleged that pain relief when pushed too far was akin with euthanasia.

39
. For “the … challenging task …,” see O'Connor, concurring opinion, Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, No. 88-1503 (U.S., June 25, 1990),
www.law.cornell.edu/supct/html/historics/USSC_CR_0497 _0261_ZC.html
. See also Kathryn Tucker, “In the Laboratory of the States: The Progress of
Glucksberg
's Invitation to States to Address End-of-Life Choice,”
Michigan Law Review
106 (June 2008): 1593–1612; and Michael P. Allen, “Justice O'Connor and the ‘Right to Die': Constitutional Promises Unfulfilled,”
William and Mary Bill of Rights Journal
14, no. 3 (2006): 821,
http://scholarship.law.wm.edu/wmborj/vol14/iss3/3
; for “right,” see Joanne Lynn and George Annas, “Legislation and End-of-Life Care,” letter to the editor,
Journal of the American Medical Association
283 (June 14, 2000): 2933. They cite R. A. Burt, “The Supreme Court Speaks: Not Assisted Suicide but a Constitutional Right to Palliative Care,”
New England Journal of Medicine
337 (1997): 1234–36; for “there is no dispute …,” see National Council on Disability, “Assisted Suicide: A Disability Perspective,”
Issues in Law and Medicine
14 (1998): 273–300. A National Council on Disability position paper on the fallibility of prognosis, among other topics, is useful here: Robert L. Burgdorf, “Assisted Suicide: A Disability Perspective,”
Issues in Law and Medicine
14 (1998): 273–300. On the Supreme Court ruling in
Glucksberg
, see Burt, “Supreme Court Speaks”; for “Justices Breyer and O'Connor …,” see Yale Kamisar, reply to Ronald Dworkin, “Assisted Suicide and Euthanasia: An Exchange,”
New York Review of Books
, November 6, 1997,
www.nybooks.com/articles/archives/1997/nov/06/assisted-suicide-and-euthana sia-an-exchange/
.

40
. In two 1997 cases, Washington v. Glucksberg, 117 S. Ct. 2258, and Vacco v. Quill, 117 S. Ct. 2293, the Supreme Court invited further debate by the states. See A. Alpers and B. Lo, “The Supreme Court Addresses Physician-Assisted Suicide: Can Its Rulings Improve Palliative Care?”
Archives of Family Medicine
8 (May–June 1999): 200–205. The authors noted, “The Court's reasoning may help physicians resolve substantial ethical dilemmas regarding the provision of narcotics given in high dosages, the care of incompetent patients, and the suffering caused by symptoms other than pain.” On states following their own paths, see D. E. Joranson and A. M. Gilson, “State Intractable Pain Policy: Current Status,”
American Pain Society Bulletin
7, no. 2:7–9.