Skip to Main Content

Medical Friendships in Assisted Dying

March 16, 2023
  • 00:00Good evening and welcome.
  • 00:02I'm going to get us started.
  • 00:05I think I know most of you.
  • 00:06My name is Mark Mercurio.
  • 00:07I'm the director of the program
  • 00:09for Biomedical Ethics here
  • 00:10at Yale School of Medicine.
  • 00:11And on behalf of our associates,
  • 00:13directors Sarah Holland,
  • 00:14Jack Hughes, we're here tonight.
  • 00:16And our manager, Karen Cole,
  • 00:18welcome to the Evening Ethics seminar series.
  • 00:21We have a terrific program tonight,
  • 00:23which I'll get to in just a minute
  • 00:25with my friend Seamus Clark.
  • 00:26Before that,
  • 00:27just a couple of quick announcements,
  • 00:28if I could, please.
  • 00:29There are some important events coming up.
  • 00:31Which I hope you'll join us
  • 00:33for next week on March 8th,
  • 00:35same time,
  • 00:36same place we will have Armand Dental
  • 00:39Maria from Cincinnati Children's Hospital.
  • 00:42Armand is a national authority
  • 00:43on issues of of gender affirming
  • 00:45care and he's going to be spending
  • 00:48some time talking about that with
  • 00:50us next week and I hope you'll
  • 00:52be able to join us for that.
  • 00:53In addition,
  • 00:54on the 14th here at the CHILD Study Center,
  • 00:56Cohen Auditorium also Lisa
  • 00:57Campo Engelstein is going to
  • 00:59be speaking on clinical care.
  • 01:01For LGBTQ youth,
  • 01:02Ethical case studies and least
  • 01:04you might remember was a speaker
  • 01:06not too long ago in this venue.
  • 01:08I think that was just on zoom,
  • 01:10but we had at least here a bit ago,
  • 01:12so I'm delighted that she's coming back.
  • 01:14So please join us for those two events
  • 01:16as your time and interest allow.
  • 01:18What's going to happen tonight is I am
  • 01:22going to introduce Professor Clark,
  • 01:25who is then going to speak for 45 minutes,
  • 01:27plus or minus.
  • 01:28This is all kind of loose,
  • 01:30after which we'll have an exchange.
  • 01:31Question and answer and an
  • 01:33audience discussion.
  • 01:33And I invite the folks on the webinar
  • 01:35to send in your questions on the
  • 01:37Q&A function on the on the zoom,
  • 01:39not on the chat portion, but the Q&A portion.
  • 01:41If you send that in,
  • 01:43I'll be keeping an eye on this while
  • 01:46Chalmers is answering questions and
  • 01:47then we'll have a conversation and we
  • 01:50will stop somewhere between 6:15 and 6:30,
  • 01:53but we will stop at 6:30.
  • 01:56So just to let you know if you're
  • 01:58thinking is this going to go on all night,
  • 01:59I know you're hoping it will,
  • 02:00but it won't.
  • 02:01So we will have a hard stop
  • 02:03at 6:30 and we'll have a great
  • 02:05conversation in the meantime,
  • 02:06so welcome and thanks.
  • 02:07Let me tell you about my friend
  • 02:08Chalmers Clark.
  • 02:09Chalmers presently teaches philosophy
  • 02:10at the College of Staten Island,
  • 02:12the City University of New York and
  • 02:14at Wagner College, also on Staten Island.
  • 02:16Yeah,
  • 02:17he's also taught for three years
  • 02:18on a temporary full time basis
  • 02:20at the College of Nursing and
  • 02:22Health Professions at Drexel
  • 02:23University in Philadelphia.
  • 02:24Prior to that,
  • 02:25he taught philosophy at Union
  • 02:26College and Business Ethics in
  • 02:28the MBA program in the School of
  • 02:30Management at Union Graduate College,
  • 02:32which is now Clarkson University.
  • 02:34He taught bioethics in the
  • 02:36online Masters program
  • 02:38for the Neiswanger Institute of Bioethics
  • 02:40at the Stritch School of Medicine
  • 02:42at Loyola University in Chicago.
  • 02:44He has a background in naturalized
  • 02:46epistemology and biomedical ethics.
  • 02:48He received a BS from Union
  • 02:50College Magicum Lauda,
  • 02:51and after spending a year in the PhD
  • 02:53program in Philosophy at Johns Hopkins,
  • 02:55he received his MA and pH.
  • 02:56D from the Graduate center of
  • 02:59the City University of New York.
  • 03:02Chalmers has been involved at Yale
  • 03:03often on over the years and it's
  • 03:04been my good fortune that we have
  • 03:06paths have crossed a few times.
  • 03:08And so it was actually my friend
  • 03:10Tom Duffy who last year when I was
  • 03:12planning this year who said to me see
  • 03:15if we can get Chalmers to come back.
  • 03:17So I am, as you all are,
  • 03:19terribly sorry that Tom is not here for this,
  • 03:22but this is yet one more gift from
  • 03:23Tom that we got Chalmers back here
  • 03:24to speak to us for a little bit.
  • 03:26So with that,
  • 03:27this is going to be a very informal evening.
  • 03:29Chamber is the floor is yours and when
  • 03:30you're done I'll come back up here.
  • 03:32And I will moderate the Q&A session.
  • 03:34Thank you for coming, Chalmers.
  • 03:36Thank you very much.
  • 03:40That folks hear me in the back.
  • 03:41Oh, good. It's good. Great.
  • 03:44OK. And I once was at a
  • 03:48conference in Oxford actually,
  • 03:50where at the Director of the
  • 03:52conference said please people,
  • 03:54if you it was Education Department.
  • 03:56He said please people don't
  • 03:58read your paper teaching.
  • 04:00So I'm going to try to do that here and
  • 04:02more of a narrative discussion rather
  • 04:05than kind of drill and kill line by line.
  • 04:08You know some of you have the paper,
  • 04:10have seen the paper.
  • 04:12Of assisted medical friendships and
  • 04:17assisted dying of any any folks seen it?
  • 04:20Some, yeah. OK.
  • 04:21So because I I'll be referring to certain
  • 04:24sections of it at a certain point.
  • 04:28Anyway, what what I'm what I got interested
  • 04:31in from this is actually my wife Nancy,
  • 04:35who's here was a part of
  • 04:37the the reason for it.
  • 04:39She sowed the seed because in teaching
  • 04:41bioethics all the focus is in proper,
  • 04:44properly and to a great extent should
  • 04:47be on patients and patients rights.
  • 04:50But what about the doctors?
  • 04:52What's their experience like?
  • 04:53Don't you understand what
  • 04:54they're going through?
  • 04:55I mean this is no small potatoes.
  • 04:58There, this is, you know,
  • 04:59a major obstacle course they have
  • 05:01to thread their way through, I mean.
  • 05:04Everybody knows the biblical
  • 05:06thou shalt not kill, right?
  • 05:08And I mean it rings in your head.
  • 05:10And I spoke to 11 physician and
  • 05:12in the Netherlands actually
  • 05:14that had a terrible experience.
  • 05:17He was involved in assisted dying
  • 05:19and he helped end a patient's life
  • 05:22who had cancer of this esophagus
  • 05:24and was suffering terribly.
  • 05:27And you know, everything went appropriately,
  • 05:29he said.
  • 05:30But the next day he read in
  • 05:33the paper a story.
  • 05:35About an execution in the
  • 05:37United States and he said.
  • 05:39I knew better intellectually and the
  • 05:41intellectual psychological divide
  • 05:42is very important here, I think.
  • 05:44That, he said.
  • 05:45I knew better intellectually,
  • 05:47but I just had the feeling that's what I do.
  • 05:50Right.
  • 05:51And it really kind of,
  • 05:52it really sent him into a tailspin
  • 05:54and he got out of the practice
  • 05:57entirely for a while and he
  • 05:59ultimately came back to it.
  • 06:01Through something else that
  • 06:02I want to talk about.
  • 06:03That's kind of a main threat of this,
  • 06:05through interaction with other
  • 06:06people who have been there.
  • 06:08There's a huge difference between insiders
  • 06:11and outsiders to this issue it seems,
  • 06:14and I'll talk about that a little bit.
  • 06:16So after after sewing this Nancy,
  • 06:19so she's here now, so sewing the seeds.
  • 06:24I saw a video from the Netherlands
  • 06:26and if you've read the paper,
  • 06:28a guy named I, I I call it Doctor A.
  • 06:32Of.
  • 06:33Who was in this video?
  • 06:35And they had some heavyweight
  • 06:36people on the the panel.
  • 06:37Roger Mudd was the moderator
  • 06:39and they had Peggy Batten.
  • 06:41Anybody heard of Peggy Batton,
  • 06:43major philosopher and Carlos Gomez?
  • 06:47He was a a anti assisted dying.
  • 06:51Bella and.
  • 06:53Of Dan Brock,
  • 06:55another major player in philosophy
  • 06:58and a woman named April Summers.
  • 07:01Anyway so. That I I realized from
  • 07:07watching this fellow I'm calling doctor
  • 07:10a something is really going on here
  • 07:13his whole affect you're talking to a
  • 07:16patient that wanted to die as he said
  • 07:18now I mean he was the the patient was
  • 07:21so emphatic and when I did did talk to I
  • 07:25did talk to doctor A in the Netherlands.
  • 07:27He said I never saw anybody exit
  • 07:30so quickly it was like he want he
  • 07:32was you know like wanted to go.
  • 07:34And that's that's the importance of that too.
  • 07:37We'll see in a minute with a fellow
  • 07:40named Peter Reagan from Oregon.
  • 07:42He was in the.
  • 07:45Death with Dignity Act, big advocate for it.
  • 07:48And he got involved in the case
  • 07:49and he said he had to be.
  • 07:50I was almost blown away.
  • 07:52By the difference between this
  • 07:54and a natural death.
  • 07:56Right.
  • 07:56So something's going on with physician
  • 07:58there and you know the preparation
  • 07:59they get in Med school for it, right?
  • 08:02Nada. Nothing, right?
  • 08:04It's a personal journey.
  • 08:05Journey.
  • 08:06And so part of our project that
  • 08:09I wrote was this colleague and
  • 08:12now friend Garrett Kimsa.
  • 08:14From the Netherlands.
  • 08:17Was to try to think about a model of
  • 08:20approaching it that would assist the
  • 08:23physicians to you know get through a
  • 08:27really challenging experience in a more.
  • 08:30More and easier sort of way than you know,
  • 08:33it's hit them.
  • 08:34Too many bumps on the road.
  • 08:37Well anyway,
  • 08:38so after that video I was
  • 08:40convinced you know this was this
  • 08:42was something to undertake.
  • 08:43So I here's here's the insider
  • 08:45outsider stuff is comes up again.
  • 08:48I I applied for a grant to come to the
  • 08:51Netherlands to study it turned down.
  • 08:54Actually the reason was pretty good,
  • 08:57they said.
  • 08:58Why can't you do it here?
  • 09:00Reasons pretty clear.
  • 09:01So I reapplied and I said you
  • 09:03know why I need to go there?
  • 09:04It's because of, you know,
  • 09:06if you won't be prosecuted if you
  • 09:09follow certain guidelines there.
  • 09:10You know, the the courts,
  • 09:12very interestingly,
  • 09:13went to the medical profession
  • 09:15to find out what they should do.
  • 09:17I mean,
  • 09:18just the opposite of what would happen here,
  • 09:19right?
  • 09:20You bring in the lawyers,
  • 09:21you know they're going to
  • 09:22tell you what to do.
  • 09:24And so it's just the opposite.
  • 09:27And I then I started on a search
  • 09:29and I did a search for a tried to
  • 09:32contact all kinds of people who would
  • 09:34have be able to tell me somebody
  • 09:37to go see when I'm over there.
  • 09:39And. One of them was Peggy Batten.
  • 09:43I wrote to her and.
  • 09:46As bright and as sharp of a
  • 09:48philosopher she she she tried.
  • 09:51She basically shrugged it off.
  • 09:53The project, I mean, what's the big deal?
  • 09:55Patient autonomy.
  • 09:56Patient autonomy.
  • 09:56You know, they should go to,
  • 09:58you know,
  • 09:59doctors should just respect that
  • 10:01and that's it.
  • 10:02Right and then just before I then I I
  • 10:05got got accepted for a grant funding
  • 10:08to go the second second time around.
  • 10:11And in going. Just before I went,
  • 10:15I get a message from Peggy Batten, she says,
  • 10:18oh, is this what you're talking about?
  • 10:20And Peter Reagan, doctor Peter
  • 10:24Reagan from Oregon in The Oregonian
  • 10:27had written about his experience,
  • 10:28and he said some extraordinary things.
  • 10:31Maybe I might. Mention a few of them.
  • 10:43You have this. We're ready and available.
  • 10:49Well, I I called him and I talked to
  • 10:52him on the phone and he said that.
  • 10:55He wrote an article that became,
  • 10:57you know, rather famous,
  • 10:59called Helen about his patient Helen.
  • 11:02And she wanted to be, you know,
  • 11:05assisted to die. And in the US,
  • 11:06I mean it's a whole different scenario
  • 11:08than it is in the Netherlands because what
  • 11:10we're talking about is writing a script.
  • 11:12We're not talking about euthanasia
  • 11:14in the sense of injecting a, a,
  • 11:17a fatal dose of something into into them,
  • 11:20right. And so Peter Reagan said he was,
  • 11:23he was very shocked by the difference
  • 11:25between this and a natural death,
  • 11:27as I mentioned before.
  • 11:28And when I talked to him,
  • 11:30I said from what what you said.
  • 11:32And The Oregonian said,
  • 11:33it sounds like Helen was was there and
  • 11:36ready and you were behind the curve.
  • 11:39And he said absolutely.
  • 11:41He said, you know, and you know,
  • 11:43he started getting a little
  • 11:45bit wistful on the day.
  • 11:46He says it was a beautiful day,
  • 11:48right?
  • 11:49And you know,
  • 11:50he's imagining what it would be
  • 11:52like to check out himself under
  • 11:54those kinds of circumstances.
  • 11:56And he he found it.
  • 11:57The irony of a little bit of punishing.
  • 12:00To him and.
  • 12:03So and then hit the biggest shot he had
  • 12:06actually was her reaction, he said.
  • 12:09He got there.
  • 12:10Right, with the script.
  • 12:11And he said, her attitude, as he said quote,
  • 12:14he said it was kind of like,
  • 12:15OK, where's the bus?
  • 12:16Let's go.
  • 12:17He said that shocked him,
  • 12:19that shocked him rather deeply
  • 12:21that she was so, you know,
  • 12:23kind of like doctor's experience
  • 12:24that she was so ready and he was not.
  • 12:27He said. I even hesitated at signature.
  • 12:30I mean, it's just a signature.
  • 12:32Right.
  • 12:32There's psychological and philosophical
  • 12:34stuff going on that I wanted to get into.
  • 12:38You know,
  • 12:39two psychological conflicts roughly going on,
  • 12:42one more philosophical, I think,
  • 12:45and the other more psychological.
  • 12:46The psychological,
  • 12:47you know, being things like,
  • 12:50I'm not sure how much credence
  • 12:51you want to put into it,
  • 12:53but like Freud,
  • 12:54Freud said that the conscious mind can
  • 12:58understand fully that it will someday die,
  • 13:00he says,
  • 13:01but the unconscious is utterly
  • 13:03convinced of its own immortality.
  • 13:05Right and being brought into the.
  • 13:08Closer proximity.
  • 13:10With, you know,
  • 13:11dying like some of these
  • 13:14positions where you have,
  • 13:16you know,
  • 13:16you have much more of a a test of 1's own,
  • 13:20you know,
  • 13:21sense of of our own mortality.
  • 13:25And in the beginning of the
  • 13:27paper I I'll read something from
  • 13:29from Doctor Howard Grossman,
  • 13:31who is a you he at the time he
  • 13:34was a Manhattan internist who
  • 13:36was involved in some cases.
  • 13:39And now he's in Nevada.
  • 13:41But he wrote.
  • 13:42Doctor Howard Grossman,
  • 13:43a Manhattan internist and plaintiff
  • 13:45in the unsuccessful New York law
  • 13:48lawsuit to the Supreme Court,
  • 13:49bacco versus Quill,
  • 13:50came forward to say anybody who's
  • 13:53done it knows that it is a tremendous
  • 13:55decision you carry with you forever.
  • 13:58And this is a guy that's just like
  • 14:01Doctor Reagan is just writing a script.
  • 14:03I mean, what's the big deal from the outside?
  • 14:06It's kind of like what's the
  • 14:07big deal from the inside?
  • 14:09Apparently it's a huge deal and it
  • 14:11was a massive eye opener for me.
  • 14:14Right about, you know,
  • 14:15kind of a real interesting,
  • 14:17you know,
  • 14:17interesting from a philosophical point
  • 14:19of view connection between direct
  • 14:21human experience and the, you know,
  • 14:23the area stuff we do in philosophy,
  • 14:25theorizing and so on.
  • 14:26I mean this is for real, right.
  • 14:28And it's kind of like whoa, hold on.
  • 14:32OK, on the.
  • 14:34Psychological side, as you know,
  • 14:37most people know about Kubler Ross.
  • 14:40Right.
  • 14:40What happens when people learn that
  • 14:42they're going to die first thing?
  • 14:46Denial, right? Denial, bargaining.
  • 14:50You know, the routine that she goes through.
  • 14:54And then anybody heard of Ernest Becker?
  • 14:57He wrote a book that got a Pulitzer
  • 14:59Prize in the 70s called Denial of Death,
  • 15:02and his thesis was it got a Pulitzer.
  • 15:04So I I haven't read the book and I
  • 15:06I should have, but but his his basic
  • 15:09thesis was that from childhood onward,
  • 15:12the denial of death actually structures
  • 15:15our conception of life. Right, so.
  • 15:19That's another psychological conflict.
  • 15:21But on the philosophical side,
  • 15:23we have a a a very interesting
  • 15:26conflict and it comes back to, well,
  • 15:29you might say cognitive dissonance
  • 15:30these days, Leon Festinger's
  • 15:32work on cognitive dissonance.
  • 15:35Does anybody know of it?
  • 15:37It should be, yeah. It should be.
  • 15:38Kind of known around town anyway.
  • 15:42But what is cognitive dissonance?
  • 15:44It's kind of a conflict between what
  • 15:46you believe and what you do, right?
  • 15:48And it's supposed to stir up, you know.
  • 15:51Of disturbance and and and one's
  • 15:54thoughts and one's behavior and it.
  • 15:56But it has a very interesting you know,
  • 15:59philosophically history.
  • 15:59You could trace it back to Socrates,
  • 16:02who had his, you know,
  • 16:03Socratic method not of people
  • 16:05really cheapen it.
  • 16:06They say, Oh yeah,
  • 16:07this question and answer,
  • 16:08question and answer,
  • 16:09it's much deeper than that in terms of
  • 16:12what he's about and what he's trying to
  • 16:14do because he has a more dialectical method,
  • 16:17which is progressive with someone
  • 16:19to try to pursue the truth.
  • 16:21But he also has, as you know,
  • 16:23Socrates could be pretty rough on people
  • 16:25what it what was called the elenchus,
  • 16:27which was a method of refutation which
  • 16:30he would try to extract from somebody.
  • 16:33You would try to extract from
  • 16:36them a contradiction.
  • 16:37Right, which is logical death, right?
  • 16:39In logic, if you can prove a contradiction.
  • 16:43If you assume a contradiction in your
  • 16:45premises, you can prove anything,
  • 16:47I mean anything.
  • 16:49I can prove that Bill Rudin's
  • 16:51house is made of Jello.
  • 16:53Raspberry jello, in fact,
  • 16:54with whipped cream and a cherry on top.
  • 16:57I mean, if you can prove that.
  • 17:00I mean, what have you proven?
  • 17:01Nothing, right?
  • 17:02So I mean from a logical point of view,
  • 17:05a contradiction is is like as
  • 17:07bad as it could be.
  • 17:08But we see that you know this,
  • 17:10the history of cognitive dissonance
  • 17:12being used by Socrates where he
  • 17:14would do that to the scholar named
  • 17:17Julia Annas was analyzing his method
  • 17:19and she said his purpose was to
  • 17:23elicit shock first and then shame.
  • 17:25So the social side of it is really important.
  • 17:28I mentioned it with the doctor,
  • 17:30called him a doctor, Jay.
  • 17:33Who had that tough experience before?
  • 17:36And he said basically getting back,
  • 17:39you know, it's kind of,
  • 17:40you've seen these stories about horses,
  • 17:42worst thing you can do to them.
  • 17:44Isolate them from the herd.
  • 17:46Right.
  • 17:46This idea of being, you know,
  • 17:48an outcast or being a social pariah,
  • 17:51right, is really disturbing.
  • 17:53And when he felt like,
  • 17:54I guess that's the way he was feeling and
  • 17:57when he started talking to other other.
  • 18:01Of physicians who have been
  • 18:03involved in the process, he said.
  • 18:04That helped him a lot.
  • 18:05You know, being reintegrated into
  • 18:07the the medical herd, if you will.
  • 18:10Sorry, mark. Anyway.
  • 18:14And then, you know, we get up to.
  • 18:17Cognitive dissonance with the.
  • 18:21Leon festinger.
  • 18:24So on the philosophical side,
  • 18:25let me I try to articulate what
  • 18:28might amount to something like
  • 18:30this serious cognitive dissonance.
  • 18:32Philosopher named Alan Buchanan.
  • 18:35Talked about what he called the paradigm.
  • 18:39And he's talked,
  • 18:40he said the very paradigm, you know,
  • 18:43paradigms are not definitional.
  • 18:44They're kind of like model
  • 18:46model cases of something.
  • 18:48But for example.
  • 18:52The paradigm of a nutritious meal used
  • 18:55to be steak, potatoes, butter, right?
  • 18:58You know, very brown it.
  • 19:00We've had a paradigm shift
  • 19:02right now it's pretty green.
  • 19:04Right. That's a paradigm shift,
  • 19:05the the model of it, right?
  • 19:07Or, you know, at the very model of
  • 19:09an intellectual is Albert Einstein.
  • 19:12Just look at the guy,
  • 19:13you know he's got to be wicked smart, right?
  • 19:17So. So we have these models,
  • 19:21and he's saying the very paradigm
  • 19:23of wrongdoing, as he put it.
  • 19:24If anything is wrong in the world,
  • 19:26the intentional taking of innocent
  • 19:29personal life is wrong. Right and.
  • 19:34So we have the paradigm.
  • 19:39Whoops.
  • 19:52Intentional taking of innocent personal life.
  • 19:56Being wrong, right? Run, run, run.
  • 20:01Disconnected from the universe.
  • 20:04That should carry away.
  • 20:08Whatever works. Oh, there you go.
  • 20:09Yeah, better, yeah. Someone close.
  • 20:14There we go. OK.
  • 20:20My back. I'm back. OK.
  • 20:23But physician assisted suicide or
  • 20:25physician assistant dying fits very
  • 20:27neatly into the paradigm, right?
  • 20:30Cognitive dissonance, big time.
  • 20:33Then Buchanan, being a philosopher, wants to,
  • 20:37wants to say what can we do about that?
  • 20:39And he says, well, what are the wrong
  • 20:42making features of the paradigm,
  • 20:43and English too is being prominent.
  • 20:46He said the first is the removal
  • 20:50of well-being from a person.
  • 20:53He said the 2nd is a violation
  • 20:55of the right to life, he said.
  • 20:58But they really don't make muster because
  • 21:00well-being is removed by the disease,
  • 21:03typically, not by the act of ending the life.
  • 21:07And he said inherent in the idea of having
  • 21:13a right is the right to waive the right.
  • 21:16Right autonomy issue again.
  • 21:20Interestingly,
  • 21:21somebody like Immanuel Kant would
  • 21:23disagree strenuously with the second
  • 21:25he wouldn't think you have the
  • 21:27right to waive your right to life.
  • 21:30So, for example, he said.
  • 21:32Because we can only dispose
  • 21:34of objects or things.
  • 21:36Persons are not things their
  • 21:39ends in themselves. Right.
  • 21:41And therefore we have no
  • 21:42right to dispose of them.
  • 21:44You're a person, so you don't have the
  • 21:46right to dispose of your own life too,
  • 21:47so suicide for somebody like
  • 21:50Immanuel Kant would be just wrong.
  • 21:53Right.
  • 21:54And it's.
  • 21:55It's not a very compelling argument,
  • 21:57most people think.
  • 21:57Can't really blew it on that one,
  • 21:59but.
  • 22:02There is that argument there.
  • 22:04So he tries to show us a way out of it.
  • 22:07By way out of the paradigm.
  • 22:10By saying that, you know,
  • 22:12autonomy kind of like, say,
  • 22:14really does save the day.
  • 22:16But you still have to do deal
  • 22:19with that psychological weight of.
  • 22:21You know, violation of certain
  • 22:23kinds of norms that many people
  • 22:26would think are are criminal.
  • 22:28All right, so.
  • 22:36OK, So what? I when I went
  • 22:39over to Holland, I went to.
  • 22:44I went through the I I collected
  • 22:46a list of people to see,
  • 22:47and the one that came up most often for most
  • 22:50people was a fellow named Garrett Kinsman.
  • 22:53So I was very eager to see him.
  • 22:57And here's the insider outsider
  • 22:59response again. Somebody is,
  • 23:01you know keen and is thoughtful is
  • 23:04Peggy Batten was first like, you know,
  • 23:07she kind of like brushed off the the
  • 23:10whole idea of it being a problem and so.
  • 23:13I finally went to see Garrett Kinsman.
  • 23:15I was kind of like loaded for bear
  • 23:17because I've been getting so many
  • 23:18rejections on it being a serious problem.
  • 23:20And he was like he said I've
  • 23:22been thinking the same things.
  • 23:23He said he was a big cigar smoker.
  • 23:25Still is, he says.
  • 23:27But I've been writing only writing,
  • 23:29writing notes down about it on
  • 23:31the back of my cigar boxes.
  • 23:32He said we should work on this together.
  • 23:34And I was kind of really, you know,
  • 23:36he he went to it right away,
  • 23:38but he's an insider.
  • 23:39He's been involved in the process himself,
  • 23:42involved in the.
  • 23:43Groups and organizations like scale and Skin,
  • 23:47or organized or ways in which they monitor
  • 23:54assisted dying and in the Netherlands.
  • 23:56And you know, he got it right away.
  • 23:58Been there, done that.
  • 24:00It been there, obviously had,
  • 24:02you know, the experience.
  • 24:03He knows it's there.
  • 24:07So how are we going to get out of this?
  • 24:08Well, one of the things we try to
  • 24:11say can we construct some kind of
  • 24:13model at least in entering edge
  • 24:16of the wedge for physicians to
  • 24:18start to deal with the experience.
  • 24:20So I did some casting around and
  • 24:22philosophical literature and a
  • 24:24fellow has anybody read the article?
  • 24:28And it's over, Debbie.
  • 24:31Very short. I mean,
  • 24:33very dramatic, very punchy.
  • 24:35It was anonymous.
  • 24:37I heard it was Timothy Quill
  • 24:40it could the authority
  • 24:41that wrote it, but anyway.
  • 24:45Uh. There was a course,
  • 24:48it created a lot of response
  • 24:50and one of them was by.
  • 24:53Pellegrino. Leon kass.
  • 24:59Mark Siegler. And who's the other guy that
  • 25:04started the Hastings Willard gangland?
  • 25:07Right. Heavyweights. Doctors must not kill.
  • 25:10They were very staunchly opposed to it.
  • 25:12And then there was a response to that by a
  • 25:15guy named either Kenneth Bow or Kennex Box.
  • 25:18BAUXI don't know how to pronounce his name,
  • 25:19I'm afraid. But anyway,
  • 25:21the most interesting part of it, he said.
  • 25:24No, there's guy and this.
  • 25:26They're talking about active euthanasia,
  • 25:28active killing, right?
  • 25:29Not just writing a script.
  • 25:31And he said there's got to be a place for it.
  • 25:34And he said his best reason for it was,
  • 25:38he said, in my 25 years of experience.
  • 25:41He said the most ethical this
  • 25:43is a virtual ethics kind of role
  • 25:45modeling I did the most virtuous,
  • 25:47most ethical people I've known in my 25
  • 25:50years of practice would assist a loved one.
  • 25:54Or a colleague and ending their lives,
  • 25:57but they wouldn't with their patients.
  • 25:59And he said that's strange,
  • 26:01he said, but it shows.
  • 26:02It showed to him that essentially
  • 26:04it was an act of love.
  • 26:07Now that's a heavy word, which to me,
  • 26:10I if I were to redo the paper,
  • 26:14I'd want to talk much more about that.
  • 26:16Yeah. What are we talking about
  • 26:17when we're talking about love?
  • 26:18I mean, that's pretty weighty stuff.
  • 26:21And how do you, you know,
  • 26:22kind of clarify that?
  • 26:25But that idea of a loving act
  • 26:28led me over to Aristotle.
  • 26:30Who talks about friendship?
  • 26:31So it medical friendships, right?
  • 26:34He talks about friendship and Aristotle.
  • 26:36Has anybody read it?
  • 26:39Some Aristotle?
  • 26:40He is a Reed and 1/2 dense,
  • 26:43but he has a stroboscopic mind.
  • 26:46He takes objects and he goes.
  • 26:49Some parts of analytic philosopher
  • 26:51park salons right, takes them apart,
  • 26:54says each part is has an integral
  • 26:56role to play.
  • 26:57Understand the role of each of its part.
  • 26:59Now put it back together.
  • 27:01Do you know who the founder of of logic is?
  • 27:05Aristotle.
  • 27:07OK, Socrates was the teacher of Plato.
  • 27:09Plato was Eric, Teacher of Aristotle.
  • 27:11Right. Socrates wrote nothing.
  • 27:14I just recently just learned that very
  • 27:17interesting point that, you know,
  • 27:19why didn't he write anything?
  • 27:21And I was informed it was because
  • 27:24Socrates was opposed to writing.
  • 27:26Said if you're doing philosophy has
  • 27:28to be interpersonal. Public. Right.
  • 27:30It's a social act, right? For for him.
  • 27:35So he he thought writing actually
  • 27:37degraded the quality of language.
  • 27:40What a strange man.
  • 27:42It really was.
  • 27:43And he was, you know, more than wonderful.
  • 27:45But he was very peculiar anyway,
  • 27:48so.
  • 27:53An Aristotle said that in French
  • 27:56friendship he takes his stroboscope
  • 27:57and chops it into three parts.
  • 28:00Parts. What's a friend? Well, how?
  • 28:02How many friends do you have on Facebook?
  • 28:04These genuine friendships.
  • 28:07It's kind of debased coinage of the word,
  • 28:09is it not? So see if Aristotle
  • 28:13props it up a bit, he says.
  • 28:15There's three crucial type types of
  • 28:17friendship, if you want to think about
  • 28:19friendship more deeply, right? He says.
  • 28:21There are friendships for utility.
  • 28:22One hand washes the other.
  • 28:24I do you a favor, you do me a favor.
  • 28:26But how?
  • 28:27How does the stability of that friendship go?
  • 28:30If you don't keep up favors, you're history.
  • 28:33Right. Not to doesn't go too deep.
  • 28:35The other is friendships for pleasure.
  • 28:37You know, your party pals, you,
  • 28:39you know if you're going to go
  • 28:41out with Jane and Jill and Jason,
  • 28:43you're going to have a good time.
  • 28:44They're always a lot of fun,
  • 28:46but that's also kind of a thin
  • 28:48veneer of a friendship, right?
  • 28:50And Aristotle said.
  • 28:51To have a genuine or real friendship,
  • 28:55one has to have a friendship for virtue.
  • 28:59Which then translated,
  • 29:00now I'm getting closer to a a
  • 29:03clearer conception of love.
  • 29:05For he says, loving is the
  • 29:08distinctive virtue of a friendship.
  • 29:10So what kind of love is that
  • 29:13that an Aristotle says.
  • 29:15That it's the love of reciprocal love,
  • 29:19of similar virtue,
  • 29:21that you respect each other's character.
  • 29:24So that has to be in place,
  • 29:26no matter what else is going on for the
  • 29:29friendship to for it to be an enduring,
  • 29:31a real friendship.
  • 29:34And he says,
  • 29:35you can know that you don't
  • 29:37don't have a genuine friendship.
  • 29:39Because the quality of virtue is missing.
  • 29:42If somebody asks you,
  • 29:43a so-called Friend asks you to do
  • 29:47something that's morally based.
  • 29:49Because obviously they don't
  • 29:51respect your character.
  • 29:52That's Aristotle and say this is getting
  • 29:54closer to what we're talking about.
  • 29:55And then another very important
  • 29:58figure in my quest to try to clarify
  • 30:01the idea of of a medical friendship.
  • 30:04Was Zeke Emmanuel?
  • 30:06Do folks know Zeke who?
  • 30:08Yes,
  • 30:08you do.
  • 30:11Anyway. Sorry he's been here. Ohh.
  • 30:20Anyway, he wrote an article with his wife,
  • 30:22Linda. And talked about friendship. Uh.
  • 30:30But he he also, he is,
  • 30:32he associated it with teaching.
  • 30:34And that that rang bells for me too,
  • 30:37because in Socratic method Socrates
  • 30:39is teaching was the antithesis of the
  • 30:43so-called pump and bucket model, right?
  • 30:45I'm the teacher, you're the student.
  • 30:47Pump, pump, pump. Exam time comes,
  • 30:50you throw it back at me, right?
  • 30:53How did Socrates teach?
  • 30:55Anybody have a sense of that?
  • 30:58But what is what his model was said?
  • 31:00Well, I'm kind of like my mom.
  • 31:02She was a midwife.
  • 31:05What's going on there?
  • 31:07Unpack that analogy.
  • 31:08I told you Socrates is a lot deeper
  • 31:10than a lot of people give them credit
  • 31:12for when they talk about Socratic
  • 31:14method in the law schools, for example.
  • 31:17It's not just just this back and forth.
  • 31:20Well, let's look at the analogy a second.
  • 31:24What stands for what? What does the?
  • 31:27What does the mother stand
  • 31:29for in a teaching model?
  • 31:32The student, right?
  • 31:33What's the knowledge?
  • 31:38And here you go. The child whose child is it?
  • 31:44It's not, is it? Socrates is child.
  • 31:46No, it's yours, right?
  • 31:49So Socrates has it was a way
  • 31:52of drawing out from people.
  • 31:54You know what they more deeply understood,
  • 31:57but maybe we're unclear about
  • 31:59so this idea of a teacher.
  • 32:02Friend model right?
  • 32:03Struck me as being very right.
  • 32:06So this interpersonal relationship.
  • 32:10That's involved.
  • 32:12And and and and a friendship.
  • 32:15And which led me to.
  • 32:18The guy I called Dr. E.
  • 32:24Here. You have the essay that's at the
  • 32:28bottom of page. 64 from the journal.
  • 32:33And I have to say.
  • 32:35Uh. Doctor Tom Duffy.
  • 32:37This was his favorite
  • 32:39part of the essay, said.
  • 32:41It wasn't so much what you wrote,
  • 32:42but what this guy wrote.
  • 32:46So that was a backhanded compliment.
  • 32:49But from him, I take it as I was
  • 32:51telling Mark Mercurio about it,
  • 32:53he was one of my real life heroes.
  • 32:55I have vivid memories of him,
  • 32:57and I'm not exaggerating when he would talk
  • 33:00and he would get up and make a comment,
  • 33:02especially in David Smith's
  • 33:04end of life thing.
  • 33:06I mean, my hair would bristle in the back.
  • 33:09He had this searing way of
  • 33:10getting right to the point and,
  • 33:12you know, making it so vivid.
  • 33:14You know, he was really
  • 33:15a real life hero to me.
  • 33:18Anyway, so Dr. E Dutch physician,
  • 33:21who was he has not had serious backlash
  • 33:24from a physician assisted dying.
  • 33:26Experience puts the matter as follows,
  • 33:29and my practice, the average
  • 33:31number of PhD cases is 2 per year.
  • 33:34As it is in 50% of Dutch practices,
  • 33:37an intensive interaction between
  • 33:39physician and patient is very important.
  • 33:41So it's this, you know,
  • 33:43professional distance issue versus
  • 33:44personal relationship that you
  • 33:46know it's there's a blending going
  • 33:49on and either direction is going
  • 33:51to be be a wrong move, right.
  • 33:53You have to somehow hit hit the
  • 33:56mean of as Aristotle might say.
  • 33:59An intensive interaction between
  • 34:00physician and patient is very important.
  • 34:02The process of coming to an
  • 34:04interpersonal agreement is at the
  • 34:06heart of a well realized participant.
  • 34:08Physician patient relationship.
  • 34:10Euthanasia is the final stage of
  • 34:12the inter subjective process.
  • 34:14The patient informs the doctor
  • 34:16about his or her complaints and the
  • 34:18doctor informs the patient about the
  • 34:20possibilities of medical treatment.
  • 34:21It is a process with equal.
  • 34:25Positions for both parties.
  • 34:29Right. So the professional has
  • 34:32to come down a bit, you know?
  • 34:34To interact with the patient more
  • 34:37personally, but you have to keep
  • 34:39some professional distance as well.
  • 34:44As Doctor Ray contributed
  • 34:46quite wonderfully this time,
  • 34:48this this guy was extremely candid with me.
  • 34:50He's the one I told you about.
  • 34:52That said, when he when he.
  • 34:56Helped his patient and his life,
  • 34:58the one that was in the video said he
  • 35:01never saw anybody make an exit so quickly.
  • 35:04And he also told me other
  • 35:05things about, you know,
  • 35:06he said it's really important to have.
  • 35:09You know, come to some understanding
  • 35:11between the two of you and kind
  • 35:13of echoing Aristotle, he said.
  • 35:14You can't, you, you,
  • 35:16you have to respect my experience here too.
  • 35:19Right. And you know, treat it right,
  • 35:21the patient has to respect
  • 35:23the physician's experience.
  • 35:26And he's he says this.
  • 35:29Doctor A also spoke of mutual
  • 35:32respect for the process.
  • 35:33He said it is important for you to
  • 35:35make your limits clear to a patient.
  • 35:37Doctor A then gave a personal example
  • 35:40of one kind of behavioral problem
  • 35:41that some that he would resist.
  • 35:43I do not like it when a patient
  • 35:45wants to make a party out of it.
  • 35:47Apparently some do right.
  • 35:50So some patients want to organize
  • 35:52a party around their bed.
  • 35:53I do not want to do euthanasia
  • 35:55in an atmosphere like that.
  • 35:57For doctor a,
  • 35:58the situation has also made
  • 35:59difficult both if he had,
  • 36:00if he did not like the patient,
  • 36:02or if the patient was a good friend.
  • 36:04Doctor Ray said.
  • 36:05I find the decision making
  • 36:07process very difficult when I
  • 36:08do not like the person at all.
  • 36:10When I feel antipathy towards the patient,
  • 36:12I'll ask my colleague take over.
  • 36:14On the other hand,
  • 36:15with somebody as a personal friend,
  • 36:17I'll also ask my colleagues as well.
  • 36:21And he also said some interesting
  • 36:23things because I I got into it pretty
  • 36:26deeply with him and he was very candid.
  • 36:28You know how he how he handled
  • 36:30the situation afterwards,
  • 36:31he said I would do various things, he said.
  • 36:34He said I might, for example,
  • 36:35light a candle like a votive candle.
  • 36:38You know,
  • 36:39after the experience and he said.
  • 36:40And sometimes they would just lie
  • 36:42in my partner's arms.
  • 36:46Pretty heavy duty.
  • 36:56But he also made the point about, you know,
  • 36:59a a more personal connections is important,
  • 37:02but professional distance, he said.
  • 37:04You have to have it to do your job.
  • 37:07Right. You're not there just to,
  • 37:08you know, comfort and,
  • 37:10you know, hug your friends
  • 37:11and so forth before they die.
  • 37:14You're there to do a job and you need to
  • 37:16do it and do it well like a professional.
  • 37:18So it's this kind of interplay between the.
  • 37:23Professional distance and professional
  • 37:25and personal relationship.
  • 37:27And if you do notice another thing,
  • 37:29just kind of come up to
  • 37:31the doctor's experience.
  • 37:32If do you do have a more
  • 37:34personal relationship,
  • 37:35what happens when your your
  • 37:37your patient dies?
  • 37:41You're open to grief, right?
  • 37:43He was a friend.
  • 37:45You become more friends,
  • 37:46it's, you know, it's right.
  • 37:48So what was this that struck me
  • 37:50more and more that, you know,
  • 37:52this experience is really something
  • 37:54that needs to be discussed
  • 37:56probably in the medical schools.
  • 38:00OK. So concluding part of it,
  • 38:02although I want to say a little bit more.
  • 38:05On the psychological side PAD,
  • 38:08physicians have to be prepared to
  • 38:10encounter conflicts regarding their
  • 38:12unconscious picture of their own mortality.
  • 38:14And the philosophical side.
  • 38:17There is a conceptual conflict regarding
  • 38:19the paradigm of a wrongful act and its
  • 38:22apparent coincidence with PID practice.
  • 38:24We have shown important arguments that
  • 38:26indicate that they do not in fact coincide.
  • 38:29But one has to wonder how clear
  • 38:31the difference is in the moral
  • 38:32consciousness of the physician.
  • 38:38Being inside again is a very different
  • 38:41world than being on the outside.
  • 38:45Given these conflicts and their
  • 38:47implications for PID practice,
  • 38:48it seems evident that specialty practice,
  • 38:50in the manner of doctor Kevorkian's
  • 38:52proposal advocating for a subspecialty
  • 38:54in medicine called obituary.
  • 38:56You heard about this?
  • 38:59Well, yeah, it's a little bizarre, right?
  • 39:01He said there should be a sub out.
  • 39:04Did you also know that Doctor
  • 39:06Kevorkian was not a medical doctor?
  • 39:09The pathologist?
  • 39:11Which is really important, as you know,
  • 39:13the Hippocratic tradition.
  • 39:16You know, and learning something about that.
  • 39:19You know, he was immune from that.
  • 39:23We believe that if assisted dying becomes
  • 39:26part of a physician's practice, it should.
  • 39:28It should only be as an exception.
  • 39:31And never as the rule we have sketched
  • 39:34a middle ground model that tries
  • 39:36to balance personal relationships
  • 39:37and professional objectivity.
  • 39:39It is our conviction that in PAD
  • 39:41practice they closed their patient and
  • 39:44physician bond if well structured,
  • 39:46well realized and well tended to
  • 39:48will improve quality of care and
  • 39:50end of life treatment for both
  • 39:51patient and the physician.
  • 40:02OK, that's what you pass it.
  • 40:05In the. I have a little handout.
  • 40:10It's I I just recently was in
  • 40:13contact with Doctor Howard Grossman,
  • 40:15who is mentioned in the
  • 40:17beginning of the article.
  • 40:18He's the fellow that said anybody who
  • 40:20has done it knows it's a tremendous
  • 40:22decision that you carry with you forever,
  • 40:24and he gave me permission to quote him from
  • 40:29his response to our e-mail communication.
  • 40:33And what he what he says about you know,
  • 40:36the article. Itself,
  • 40:38which I asked him to,
  • 40:39he might look at.
  • 40:43And he says. Uh. Thanks for
  • 40:47sharing that thoughtful article.
  • 40:48It's interesting.
  • 40:49I think the idea of a medical friendship
  • 40:51is actually something that has
  • 40:53permeated my entire practice over the years,
  • 40:55so he was kind of doing it intuitively.
  • 40:58Which is pretty cool.
  • 41:00Most of the time it was spent in practice,
  • 41:03heavily weighted to serving LGBTQ plus
  • 41:06people and people living with HIV.
  • 41:09I took care of in large number of
  • 41:11actual friends and acquaintances,
  • 41:12defining the lines that allowed
  • 41:14those friendships,
  • 41:15some closer than others,
  • 41:17but many in my social
  • 41:19circle and at the same time,
  • 41:20having the necessary professional distance
  • 41:22has always been the biggest challenge.
  • 41:25So he reiterates that theme.
  • 41:27Which I take as a confirmation of some
  • 41:29of the things that we've been saying.
  • 41:37He said. But that that kind of relationship
  • 41:39in my practice has allowed me to get through
  • 41:42the most harrowing times without burning out.
  • 41:45So physician assisted dying was
  • 41:46just the logical next step.
  • 41:48It does require tremendous amount of trust,
  • 41:51both on the part of patient and provider,
  • 41:54as you say, especially in an environment
  • 41:56of significant legal risk. For myself,
  • 41:59I never saw the moral dilemma in this so.
  • 42:02I find that quite interesting.
  • 42:05Anyway, he says it does stay
  • 42:07with one through the years.
  • 42:09Then we are going to communicate further,
  • 42:12but that hasn't happened yet unfortunately.
  • 42:15But but it shall.
  • 42:17So in looking over the paperwork,
  • 42:19I'd like to do more exploration
  • 42:22than was done here on this.
  • 42:25Of professional distance,
  • 42:27personal relationship. Uh.
  • 42:31Being such a fundamental part
  • 42:34of position assisted dying.
  • 42:36And I'd also like to think
  • 42:38more about the the that word,
  • 42:40that big word, the L word love.
  • 42:44And I have a little story about that
  • 42:46to tell you that that I think it's.
  • 42:50It's useful to pursue,
  • 42:51and I've been trying to pursue it,
  • 42:53but I haven't yet gotten made contact.
  • 42:56Just do folks here know Margaret Farley?
  • 43:02Well, you may know, she wrote.
  • 43:04She's at Yale dip school.
  • 43:07And she wrote a book called Just Love.
  • 43:10That got her into a little
  • 43:11hot water with the Vatican.
  • 43:13I mean, it was all over the papers.
  • 43:14It became kind of a big thing,
  • 43:16but they had a conference for
  • 43:18her here that I attended and with
  • 43:20a lot of different speakers.
  • 43:22And at the end she finally got
  • 43:24up to speak and she said I
  • 43:26don't want to be misunderstood.
  • 43:28She said love is not the answer,
  • 43:30it's the problem.
  • 43:33And I thought I that stuck with me.
  • 43:35I thought that was really important
  • 43:36because from a virtue ethics point of view,
  • 43:39what that amounts to is how to do it.
  • 43:42Right.
  • 43:45Especially in. I mean, she was talking
  • 43:47in the context of justice too, right?
  • 43:49Like in the courts and so forth like that.
  • 43:52You know, how do you treat
  • 43:54people you know with love?
  • 43:55Under those circumstances,
  • 43:56it is not the answer, right?
  • 43:59It's the problem.
  • 44:00How do you do it? And it's unique.
  • 44:03I mean, that thing about virtue ethics,
  • 44:05it's about becoming good.
  • 44:07It's not defining it, which takes practice,
  • 44:09practice, practice like a sport
  • 44:11or like being a musician.
  • 44:13Or maybe, as some people here are
  • 44:17intending to be a surgeon, right?
  • 44:20You're never perfect at it.
  • 44:22You'll always be mistakes.
  • 44:23But the more you practice,
  • 44:25especially under good guidance,
  • 44:26the better you get, right?
  • 44:29So how do you do?
  • 44:31Question is,
  • 44:31how do you do it in a virtual
  • 44:33ethical kind of sense?
  • 44:34I take that as something that I'd like
  • 44:36to explore more deeply in the paper.
  • 44:40So with that I think. I am.
  • 44:43Done with my harangue.
  • 44:44I hope it was more of a narrative
  • 44:46than a harangue, but. Uh.
  • 44:48I'd like to turn it over to questions
  • 44:51folks might have on on the topic.
  • 44:55Thank you very much.
  • 44:56Now which however you're most comfortable
  • 44:58if you'd like to stay seating or
  • 44:59if you'd like to come up here,
  • 45:00I'm going to read these questions to you.
  • 45:01OK. It might be easiest thing for
  • 45:03you to do is just to stay there.
  • 45:05Sorry about that.
  • 45:06And Karen Scott, that's quite all right.
  • 45:08Karen's got the microphone for
  • 45:09the folks in the audience,
  • 45:11and again for folks on zoom,
  • 45:14you can send me questions or comments
  • 45:16through the Q&A portion, not read them.
  • 45:18The criticisms withering,
  • 45:20withering criticism.
  • 45:20We don't want any pale.
  • 45:22We want withering criticisms here.
  • 45:25This is, this is from philosophy.
  • 45:28And if you don't have opposition,
  • 45:30you ain't got much.
  • 45:33Yeah, that's a blood sport philosophy then.
  • 45:35They're not. They're not kidding.
  • 45:37They're not kidding. So I mean,
  • 45:41I'd like to ask something just briefly.
  • 45:43If I could Chalmers place because
  • 45:45we didn't get into it much.
  • 45:46You touched on a little bit,
  • 45:47but I want to get a little bit more
  • 45:49actually this is from Buchanan.
  • 45:50So Buchanan so so this is the
  • 45:52this is the intentional taking
  • 45:54of an innocent person's life.
  • 45:56See I remember what it stood for and
  • 45:58this is an absolute wrong which of
  • 46:00course then framed that way physicians
  • 46:01paradigm the paradigm of wrong.
  • 46:04So this is the actual paradigm of wrong
  • 46:06in which case physician assisted death
  • 46:08by your Venn diagram here fits right
  • 46:11smack dab in the middle of that parade.
  • 46:13But you're saying that we get away
  • 46:15from that and if you can get away
  • 46:17from that himself or did others
  • 46:19by saying hang on a second because
  • 46:20it's not the physician he did
  • 46:22it conceptually right.
  • 46:23That's right the physician is intake he
  • 46:26said there are two wrong making features
  • 46:28he thought were prominent which was
  • 46:30the removal of a person's well-being
  • 46:33and and and ending somebody's life
  • 46:36and violation of their right to life.
  • 46:39But he thought the disease
  • 46:41already deprives the.
  • 46:43Person up their well-being.
  • 46:45And right to life, he said,
  • 46:47implies the right to waive the right.
  • 46:50So it's autonomy really is really
  • 46:52kind of the touchstone that he's
  • 46:54talking about. I guess from a physician's
  • 46:56point of view perhaps it comes down to
  • 46:59to some extent trying decide what the
  • 47:02mission or the role of a physician is.
  • 47:04Right? Yeah. And and of course the
  • 47:06the what people I don't think in this
  • 47:08room is at that superficial level,
  • 47:10but some well the rule is to save lives.
  • 47:12But I I think we're all past that.
  • 47:14But if the role is. And suffering.
  • 47:18That's a fascinating question,
  • 47:19because of course we could
  • 47:20end all suffering today.
  • 47:21We have big enough bombs we
  • 47:23could stop all suffering.
  • 47:25That's not necessarily our only role either.
  • 47:28And to to try and find
  • 47:30perhaps again that that.
  • 47:32Aristotelian balance that that middle point
  • 47:36where we're addressing this suffering,
  • 47:38but it's not just about
  • 47:39addressing the suffering.
  • 47:41Yeah, the.
  • 47:45The right. That, some people say.
  • 47:49It's really not about cure.
  • 47:50It's more about care,
  • 47:52which leads me into something else.
  • 47:54I'd like to rethink the whole essay from
  • 47:57the perspective of the ethics of care,
  • 48:00which is a relationship model, right?
  • 48:03So the relationships should take
  • 48:05priority over rules and regulations.
  • 48:08I mean that's the Crucible
  • 48:09if you think about it.
  • 48:10I mean it's a very strong point
  • 48:12about how we develop me morally.
  • 48:14Carol Gilligan,
  • 48:15Gilligan's in a different voice
  • 48:17is kind of the touchstone for the
  • 48:19for that where she talks about.
  • 48:21First and foremost,
  • 48:22we're in relationships and you know how
  • 48:25to care for the care for those, right?
  • 48:27Rather than by, as she talks about,
  • 48:29you know,
  • 48:29looking up to the sky for Conti and
  • 48:31principles and that kind of stuff
  • 48:33that we're embedded in, in any.
  • 48:36She used the analogy of trampoline.
  • 48:40Of relationships,
  • 48:40you step here and you know,
  • 48:42it has effects and implications elsewhere.
  • 48:45So the relationship model is
  • 48:47something that I would like
  • 48:49to think about much more,
  • 48:50right, that that's part of feminist ethics,
  • 48:52which we talked about in
  • 48:53this group not long ago.
  • 48:54And that's at the core of that.
  • 48:55Of course, Carol Gilligan is at
  • 48:57the very core of that as well.
  • 49:00And and that gets to your whole theme,
  • 49:03which is that to make this work,
  • 49:05if you will, my, my overriding,
  • 49:07you make physician assisted death work.
  • 49:09What's fundamental to that is
  • 49:11the relationship between the
  • 49:13physician and the patient, right?
  • 49:14But do I read you correctly in
  • 49:17saying that therefore you you
  • 49:18endorse both the friendship and
  • 49:20then in certain cases obviously the
  • 49:22act of physician assisted death?
  • 49:25Well, that was something we we tried to
  • 49:27steer away from, but personally, yes.
  • 49:30You know, I mean,
  • 49:32you know what people are suffering,
  • 49:34you know, horribly without any hope of.
  • 49:37Ohh of improvement.
  • 49:39I mean the incontinence, I mean the
  • 49:42sense that their dignity is shot and so on.
  • 49:45I mean, it's kind of like you can see
  • 49:47why somebody would say, OK, yeah,
  • 49:50pull the plug. Enough is enough.
  • 49:52And if they say that and you have a
  • 49:55good relationship with them, you know,
  • 49:57they mean it and they're not asking
  • 49:58you to do it in ways that you,
  • 50:00you're uncomfortable with,
  • 50:01like Doctor Ray said, you know,
  • 50:03no parties around your bed,
  • 50:04please, I'm not going to.
  • 50:06I'm not going to participate in that.
  • 50:08Then uh.
  • 50:10Personally yes I I think you know
  • 50:12it should be part part of it and I
  • 50:15it was very interesting that Doctor
  • 50:18Grossman's saying you know the trust
  • 50:20between them is very important and
  • 50:23I've done quite a bit of my own
  • 50:25research and publishing and trust
  • 50:28relationships and a big question for
  • 50:31me in terms of of my program and
  • 50:34trust you know how would how would patients.
  • 50:38Feel if the the model of the physician
  • 50:41did include especially here did
  • 50:44include position assisted dying
  • 50:46would trust increase or decrease
  • 50:48say Oh no you can't let them do
  • 50:50that you can't trust them you can't
  • 50:52trust them positions are they say
  • 50:54no I want want them to be there
  • 50:56because I do trust my physician
  • 50:58you know so there
  • 50:59was a time when we talked about it's
  • 51:01interesting how it feels like a long
  • 51:03time ago but just prior to the pandemic
  • 51:05there was time we talked about a problem
  • 51:07we had in establishing those trusting.
  • 51:08Relationships was the fact that you know
  • 51:10you didn't see the same doctor twice
  • 51:12you went to the physician once you.
  • 51:14So we thought this was a real problem
  • 51:16that that it whereas a generation is
  • 51:18passionate still some of us I've been
  • 51:19fortunate many are fortunate to have the
  • 51:21same primary physician who follows us for
  • 51:23years but that was less and less the model.
  • 51:26But now we're on a whole different.
  • 51:27I have I just met one of my physicians in
  • 51:29real life for the first time someone who's
  • 51:31been involved in my care for over a year.
  • 51:33You know and and she said hey
  • 51:34you want to come by in person.
  • 51:35I said hey go crazy you know this
  • 51:36is lovely and and actually got
  • 51:38to meet her and shake her hand.
  • 51:39It was, it was you know,
  • 51:41because we actually know our physicians
  • 51:43sometimes just through the a little teeny
  • 51:45tiny picture on our cell phone and so
  • 51:46that's we're even that much further move.
  • 51:48But that's enough of me talking.
  • 51:49I want to read you some questions
  • 51:51and comments here, but did I see him?
  • 51:52So we'll take one from the audience
  • 51:53first then I'll get the ones on the web.
  • 51:55Yes, Phil, we have a,
  • 51:58we have a microphone actually,
  • 51:59so everybody can hear what you're saying.
  • 52:01Thank you.
  • 52:03Can you hear me?
  • 52:05Is that working? Yeah. So following up
  • 52:07on one of your
  • 52:10last points, I'm intrigued by the
  • 52:13interplay of autonomy, ethics, care,
  • 52:16love and trust as it relates to the
  • 52:20intentional right to die. And you
  • 52:22touched on that a bit.
  • 52:24I mean, that brings into this
  • 52:27a whole set of flavors of a
  • 52:29different kind of perspective that
  • 52:32makes this what you're doing.
  • 52:35More intriguing.
  • 52:35So I commend what you're doing. OK?
  • 52:39Thank you, bill. So I have a question
  • 52:42and comment here for you please.
  • 52:45And no other realm of medicine
  • 52:47is there specific consideration
  • 52:48of the physician experience,
  • 52:50some discussion regarding in
  • 52:51quotes feudal care, but in those
  • 52:53discussions the patients choice.
  • 52:57Or that of their decision
  • 52:58maker takes precedence.
  • 53:00Why should this area be different?
  • 53:02I ask as a physician,
  • 53:03someone with personal experience,
  • 53:05with a family member who wanted but
  • 53:07could not access assisted dying,
  • 53:09and someone who has given
  • 53:10testimony to advocate for
  • 53:11aid in dying in Connecticut.
  • 53:13So why is this different?
  • 53:15Well, I I'd. I'd refer to the
  • 53:18concept of care there positions as.
  • 53:21I mean end to end of end
  • 53:23of end of life treatment.
  • 53:25Sometimes there's nothing
  • 53:25you can do for them,
  • 53:27but you can always care for your patient.
  • 53:29Always. And so, you know,
  • 53:32that caring relationship I think
  • 53:34should be part of the physician
  • 53:36patient relationship front and center,
  • 53:38but that's a reciprocal kind of thing.
  • 53:41What about caring for your physician
  • 53:43when they're in situations of of
  • 53:46serious ethical and legal risk?
  • 53:48Trying to do what you know you you
  • 53:50want them to do as you as a patient.
  • 53:52So this but so this,
  • 53:54I mean she says that in no other
  • 53:55realm of medicine is there a specific
  • 53:57consideration of physician experience.
  • 53:59But there are certainly other realms
  • 54:00of medicine where the physician has a
  • 54:02particularly difficult experience or
  • 54:03feels jeopardized by the circumstances.
  • 54:05So I I suppose what you're saying if
  • 54:07we're having this friendship model
  • 54:09to some extent it should go beyond
  • 54:11issues of physician assisted death.
  • 54:12Oh yeah,
  • 54:13yeah, it's it's that reciprocity
  • 54:14and you know but but I mean it's
  • 54:17very challenging I would think.
  • 54:18Their positions because you're stepping
  • 54:21down somewhat from professional distance,
  • 54:24right, to get more involved with
  • 54:26the patient as more like a friend
  • 54:29and you know a mutual teaching
  • 54:31of each other in situations.
  • 54:33And I think that that could over
  • 54:35actually improve the practice
  • 54:37terrifically and like your experience
  • 54:39you were just mentioning where I,
  • 54:41you know physicians kind of got a little
  • 54:44more aggressive and organized themselves
  • 54:46and say you know we're not going to.
  • 54:48Succumb to these kinds of things.
  • 54:50I saw a video with Ed Pellegrino
  • 54:54where he was talking about,
  • 54:56he says, doctors, hospitals.
  • 54:57He said in my day,
  • 54:59nobody would ever think of that as phases,
  • 55:03but it's happening all the time now.
  • 55:04And then he got emphatic and he said,
  • 55:06but that doesn't make it right.
  • 55:09What?
  • 55:09What specific about doctor's hospital?
  • 55:11Right, run by doctors.
  • 55:14Where doctors being, you know,
  • 55:15kind of runners of the business rather
  • 55:18than owners, not just running it,
  • 55:19but owning it and owning it.
  • 55:21Yeah. You know, Jack,
  • 55:22you had a question of interest.
  • 55:26Local reason. Could you give
  • 55:27me your name? I know you. I think I do,
  • 55:31really. My name is Jack Hughes.
  • 55:33Jack Hughes, yes. You didn't
  • 55:36you go to David Smith's?
  • 55:38End of life group. In 2002 or so.
  • 55:44That's that was in high school in 2002.
  • 55:46It's got to be a mistake here.
  • 55:49I I think I went
  • 55:50once or twice, you know, you
  • 55:52know Carol Pollard. Yes, of course.
  • 55:57You're a memorable guy, Jack. I'm impressed.
  • 56:02I don't. I I have no recollection.
  • 56:05So there are there are many
  • 56:07reasons why people choose to
  • 56:10to want to end their lives
  • 56:13because of they feel irrelevant,
  • 56:17because not just because they hurt,
  • 56:19but because they are.
  • 56:20They feel like they're a burden,
  • 56:22they feel isolated,
  • 56:23they feel they have no use.
  • 56:26And so I assume that's part,
  • 56:28part of what
  • 56:29is encompassed in the model that you are
  • 56:32outlining is the need for the doctor.
  • 56:35To to be able to unpack all
  • 56:39those reasons and perhaps.
  • 56:42Counteract or or to argue
  • 56:45against this desire. OK, so OK,
  • 56:50I just wanted to establish that.
  • 56:51But that also means that
  • 56:54there's a great deal of time
  • 56:57involved in this relationship.
  • 57:00I'm afraid so. And so. As in so many other
  • 57:06aspects of the healthcare system,
  • 57:08some people are going to have much more.
  • 57:12Availability of physicians who are willing
  • 57:15to work with them at the end of life.
  • 57:18Rather than just having to go
  • 57:21through what's usually available.
  • 57:23So do we need to worry about?
  • 57:29Discrimination or the limited
  • 57:32availability of this kind of
  • 57:34friendship at the end of life,
  • 57:37probably, you know I mean it is you know
  • 57:39it's it's an outsider kind of issue.
  • 57:41But I I would like to see that
  • 57:44outsider issue kind of trickle
  • 57:46down into general practice more.
  • 57:48Personally myself I think it would,
  • 57:50I think it would ennoble and
  • 57:52and strengthen the profession.
  • 57:54I wrote an article called Trusted Medicine.
  • 57:58I talked about how important
  • 58:01trust is to have that trust,
  • 58:03public trust in particular.
  • 58:05And at the end of my talk I'd always
  • 58:07say no more trust, no more profession,
  • 58:10and the profession has huge benefits to it.
  • 58:13And it's not just for, you know,
  • 58:15financially it's, it's good,
  • 58:17it's not great, should go into business
  • 58:18if you want to make a lot of money,
  • 58:20you know, and it's a lot of work.
  • 58:23But I mean, there's are,
  • 58:24there are social benefits, you know,
  • 58:27the the the profession is high,
  • 58:29highly regarded people trust you just
  • 58:32because you're you're a medical professional.
  • 58:36And you know it's, it's, it's,
  • 58:38it's it's just so social standing.
  • 58:40I think it's it's very strong there.
  • 58:43As one of the reasons, I mean,
  • 58:44you know what what would you,
  • 58:46you know if you became,
  • 58:48you know if if medicine became a.
  • 58:52Part of. Social services, right?
  • 58:56So you'd be a you'd be a civil servant.
  • 59:00You know, if you're your position,
  • 59:02who wants to do that?
  • 59:03I mean,
  • 59:04you do have a lot of professional autonomy,
  • 59:06too.
  • 59:06Your decision, you know,
  • 59:08if responsible, you know,
  • 59:10is up to you for the most part
  • 59:12as a physician, right?
  • 59:13You make a lot and your judgment matters,
  • 59:16right?
  • 59:17You're not being dictated to or well,
  • 59:20I mean, that's part of the problem now with,
  • 59:22you know, being part of a corporation,
  • 59:24you know, hospitalists and so forth.
  • 59:26You're working for somebody else.
  • 59:28Rather than,
  • 59:29you know,
  • 59:30kind of independent professionals.
  • 59:32Yeah, I think I'd like
  • 59:34to say safe assessment,
  • 59:36pie in the sky.
  • 59:37I'd like to see that reversed.
  • 59:40I think I and I and I I actually,
  • 59:44Kenneth Arrow is Nobel laureate in
  • 59:46economics and he talks about the importance,
  • 59:48as he calls them, of the invisible,
  • 59:50visible institutions.
  • 59:53And those are institutions that are run on
  • 59:56basically on on moral grounds and so forth.
  • 59:59Like I I think the profession of
  • 01:00:01medicine should be, you know,
  • 01:00:03kind of oriented on moral grounds.
  • 01:00:05You know, you're, you're here first
  • 01:00:07and foremost for your patient,
  • 01:00:09but that doesn't mean you should follow
  • 01:00:11what the patient says slavishly.
  • 01:00:13You're a professional,
  • 01:00:14you have judgment,
  • 01:00:15and that judgment needs to be respected.
  • 01:00:19By not just the public,
  • 01:00:20but by your patients as well,
  • 01:00:22and never more respected than
  • 01:00:23if you're in a situation where
  • 01:00:25you're assisting somebody to die,
  • 01:00:27you're crossing lines there.
  • 01:00:28For the you know doctors must not kill
  • 01:00:31the article by Pelegrino and pass and.
  • 01:00:35Signaler and.
  • 01:00:37Gangland,
  • 01:00:38let me just defend the suits
  • 01:00:41you you were implying some criticism
  • 01:00:44of hospital administrations and,
  • 01:00:45well, corporations.
  • 01:00:46Yeah, I agree the problem
  • 01:00:48with with corporate medicine.
  • 01:00:50But we got to have suits to run the place.
  • 01:00:54We have to have administration.
  • 01:00:56I mean, no place.
  • 01:00:57And because as we've
  • 01:00:59heard earlier, you don't think doctors
  • 01:01:00ought to be running the hospitals. So
  • 01:01:03I just, just a word.
  • 01:01:06Just in defending the,
  • 01:01:08I think that you know,
  • 01:01:10there there is a way through that.
  • 01:01:13I taught at Union College, for example,
  • 01:01:15and they had what they called the
  • 01:01:17Limb program leadership and medicine,
  • 01:01:20where they actually made it part
  • 01:01:22of their training that they would
  • 01:01:24go on to Albany Medical School,
  • 01:01:25but they would come out with an MBA.
  • 01:01:29So that you're really both, but,
  • 01:01:31you know, don't let the dog you know wag.
  • 01:01:34No, don't let the tail wag
  • 01:01:36the dog kind of thing.
  • 01:01:37What are you here for, first and foremost?
  • 01:01:40And your patience. Right.
  • 01:01:43And that's what the business
  • 01:01:46should be oriented around. So
  • 01:01:48Mark, while you're getting the mic,
  • 01:01:50I'm going to read one more question
  • 01:01:51first to Chalmers, please.
  • 01:01:52It's an interesting question and anybody
  • 01:01:54in the audience I want to pitch in
  • 01:01:57which sub specialty of medicine is
  • 01:01:58expected to own this space related to
  • 01:02:00physician assisted death I assume.
  • 01:02:02Is it primary care or palliative
  • 01:02:04medicine or Hospice or some other area?
  • 01:02:06Who, who do you think within our because
  • 01:02:08you know where we are all specialists,
  • 01:02:11which specialists should be managing this?
  • 01:02:16Well, back to the relationship
  • 01:02:17kind of thing. I my my first,
  • 01:02:19my first thought on it,
  • 01:02:21and I think it's it's,
  • 01:02:23it's what what I'd want to defend.
  • 01:02:24It is primary care.
  • 01:02:27Because they're the closest.
  • 01:02:29To the patient.
  • 01:02:33Rather than a specialist to season
  • 01:02:34for one and only one thing,
  • 01:02:36they get a bigger picture.
  • 01:02:37So the relationship I model I think
  • 01:02:39would would dovetail more easily
  • 01:02:41which is hopefully more longstanding
  • 01:02:43than palliative medicine for example,
  • 01:02:44or Hospice care. Yeah,
  • 01:02:45I have to say that even in in, in some
  • 01:02:47of you may know this and some may not.
  • 01:02:49Even within the field of neonatology
  • 01:02:51might have been asked by parents or
  • 01:02:53a child who was clearly dying saying,
  • 01:02:55you know, why are we dragging
  • 01:02:57this out or is there something
  • 01:02:58we can do to hurry this along?
  • 01:03:00This is not. You know this,
  • 01:03:02I think every everyone who works
  • 01:03:04with critically ill patients may
  • 01:03:06face this question sooner or later.
  • 01:03:08Doctor Mark Siegel has a question.
  • 01:03:10Thanks for the opportunity and thank you.
  • 01:03:12So I I really appreciated your your talk
  • 01:03:15today and you know there were parts of
  • 01:03:18your presentation where I started to hear
  • 01:03:21echoes of discussions about moral distress.
  • 01:03:24So, so you were talking about moral distress.
  • 01:03:30Votive candles, curling up with your partner.
  • 01:03:33It's really hard for a
  • 01:03:34long period after that.
  • 01:03:36And you know my instinct when I'm
  • 01:03:38working with trainees who are feeling
  • 01:03:40moral distress is the first thing we
  • 01:03:42should try to do is avoid it and,
  • 01:03:44and and so I'm wondering
  • 01:03:46particularly as a philosopher,
  • 01:03:47you know what do you, how do you,
  • 01:03:49how do you feel about these
  • 01:03:51deep basic instincts?
  • 01:03:53And how we choose our endeavor to
  • 01:03:58process those feelings because to
  • 01:04:00me part of what I'm thinking is
  • 01:04:02that the more you have to think
  • 01:04:04about it the more it starts to
  • 01:04:06sound like a rationalization, right?
  • 01:04:08Like like there's there's probably
  • 01:04:10some sort of primal reason that
  • 01:04:13we avoid killing patients. Yeah.
  • 01:04:24Think about that a little bit.
  • 01:04:30So what did you see?
  • 01:04:31Could you repeat what
  • 01:04:32you think the problem is?
  • 01:04:33Well, you know, I I think that
  • 01:04:36one way that I think about.
  • 01:04:39Deep emotions that we feel
  • 01:04:41in medicine is that they're
  • 01:04:43sending us a signal, right?
  • 01:04:45That there's, you know,
  • 01:04:46we we go into medicine not because we
  • 01:04:49sit down and think about the philosophy
  • 01:04:52of doctor patient relationships.
  • 01:04:53There's actually some deep.
  • 01:04:57Caring relationship that we're
  • 01:04:59trying to form with our
  • 01:05:01patients and and that same.
  • 01:05:06Duality with your patient is part of what
  • 01:05:08I think dictates what you do every day,
  • 01:05:10you know, when it comes to things like
  • 01:05:12like beneficence, I want to my patient,
  • 01:05:14when you say as a philosopher,
  • 01:05:16in a way I have a a little
  • 01:05:18bit of an axe to grind there.
  • 01:05:20I did my dissertation on Willard
  • 01:05:22Van Orman Klein, who was, you know,
  • 01:05:25kind of arch analytic philosopher.
  • 01:05:26But what he did was, you know,
  • 01:05:28philosophers in a lot of ways I think
  • 01:05:31have some serious problems, right.
  • 01:05:33And he broke the barrier.
  • 01:05:34I think he showed this.
  • 01:05:36Philosophy should, you know,
  • 01:05:37could not no longer be kind of
  • 01:05:40distinct from the sciences,
  • 01:05:42you know for since dakart because
  • 01:05:44dejarte cojito ergo sum, right?
  • 01:05:46I think therefore I am.
  • 01:05:48That's its first certainty.
  • 01:05:50Yeah, that you you cannot
  • 01:05:52doubt that you think,
  • 01:05:53because doubting is a form of thinking.
  • 01:05:55Catch 22, right? Have you?
  • 01:05:57Do you try to doubt that you think
  • 01:06:00you're thinking to to try to doubt it?
  • 01:06:02But anyway,
  • 01:06:03but that's a subjective certainty, right?
  • 01:06:05And the problem for philosophy,
  • 01:06:07epistemology of theory of
  • 01:06:09knowledge since decart has been.
  • 01:06:12How do you justify the existence
  • 01:06:14of the external world?
  • 01:06:15And the philosophers kind of
  • 01:06:16have their nose up about science
  • 01:06:18because science just assumes it.
  • 01:06:19They're begging the question at issue,
  • 01:06:21but fundamental question of knowledge.
  • 01:06:24But Klein broke that barrier.
  • 01:06:26Right.
  • 01:06:26And it just, you see,
  • 01:06:27said you can't separate them like that.
  • 01:06:29And that opened up things like
  • 01:06:32cognitive science, bioethics, right,
  • 01:06:34where you're sharing information.
  • 01:06:36And so I think philosophers should
  • 01:06:38do more of that they need to.
  • 01:06:39And for me,
  • 01:06:40you know,
  • 01:06:41being at and Yale bioethics and so
  • 01:06:43forth and listening to people like
  • 01:06:45Tom Duffy and and other people,
  • 01:06:47Doctor Mercurio here and so forth,
  • 01:06:50you know, people that,
  • 01:06:51you know,
  • 01:06:51travel in both fields and let
  • 01:06:54them inform each other.
  • 01:06:55That's the direction to go in,
  • 01:06:57but that means you have to cross
  • 01:07:00some disciplinary boundaries
  • 01:07:01and I say more more power to it.
  • 01:07:05Which gets to the reason raise on here.
  • 01:07:07Since we're speaking French here in
  • 01:07:08Latin and stuff, the raison d'etre
  • 01:07:10of the entire program is is to is to
  • 01:07:12try and marry these two disciplines.
  • 01:07:13I have another question for you please.
  • 01:07:15If suffering is to be ameliorated
  • 01:07:17by assisting someone to die,
  • 01:07:19then why is the suffering of
  • 01:07:20all those who choose to die,
  • 01:07:22not just those at the quote end of life,
  • 01:07:24End Quote, subjected to countless
  • 01:07:26suicide prevention strategies,
  • 01:07:28programs, interventions,
  • 01:07:29even commitment.
  • 01:07:32Well, you want you do want to,
  • 01:07:35you do want to save life when saving
  • 01:07:37it is is rational and possible.
  • 01:07:40But but not you don't want to save life,
  • 01:07:42you know, you've probably heard the
  • 01:07:44expression a lot of end of life care
  • 01:07:47is not so much about trying to save
  • 01:07:49a life as prolonging their death.
  • 01:07:51Right that it's you know it's a it's
  • 01:07:53it's really the wrong thing to do
  • 01:07:55sometimes is to try to keep people alive.
  • 01:07:58Well, the flip side,
  • 01:07:59which I think maybe the speaker
  • 01:08:00gets that as well, which is.
  • 01:08:03Again to take the low hanging
  • 01:08:05fruit in the conversation,
  • 01:08:07most everybody who has worked in
  • 01:08:08medicine or just has been on the
  • 01:08:10planet long enough and it has family
  • 01:08:11members is that that people can suffer
  • 01:08:14from mental illness and be quite
  • 01:08:16sure they want to die and six months
  • 01:08:18later be very happy that they didn't
  • 01:08:21and live for decades more in a happy state.
  • 01:08:24So I think again in mental
  • 01:08:26illness is is the easy,
  • 01:08:27is the easy part,
  • 01:08:29people with significant depression
  • 01:08:31or bipolar disease that, that, that.
  • 01:08:33Some of these folks who may want
  • 01:08:35to die it may be again want to use
  • 01:08:37it your rational but I think that's
  • 01:08:38very different than people who are
  • 01:08:40those questions are among the
  • 01:08:41toughest are you are you certainly
  • 01:08:43heard about the Dax case right.
  • 01:08:45So maybe you want to you want
  • 01:08:47to anybody know about Dax oh I
  • 01:08:49think it was horribly burned.
  • 01:08:52And he he won.
  • 01:08:53He didn't wanna be treated he wanted
  • 01:08:55to die and they kept him alive and he
  • 01:08:58went on to live a very productive life.
  • 01:09:00Became a lawyer very successful and so on.
  • 01:09:03But he he ended up doing a lot of talks
  • 01:09:06and he actually came to Union College
  • 01:09:08oh where I was to give a talk about it
  • 01:09:11and he said they were wrong to keep me alive.
  • 01:09:14Yeah I have a better life now
  • 01:09:15but they were still wrong.
  • 01:09:16Very content.
  • 01:09:17Right.
  • 01:09:17They had a duty follow what I said personally
  • 01:09:20I you know I'm I'm not sure what to say.
  • 01:09:23About that.
  • 01:09:25You know,
  • 01:09:25that's a really tough question,
  • 01:09:27right?
  • 01:09:28The man who was condemned to life,
  • 01:09:29I think, or something that's in
  • 01:09:31the story of Dax Coward. Yeah.
  • 01:09:32But it's a fascinating question, right?
  • 01:09:33He he never reversed,
  • 01:09:34despite the fact that he said yes,
  • 01:09:36I'm happy with my life.
  • 01:09:37He never reversed his stance,
  • 01:09:38as far as I know that
  • 01:09:40that maybe later in life,
  • 01:09:41but when I was there.
  • 01:09:44Rings of country anism that you have
  • 01:09:46certain duties that you perform no
  • 01:09:48matter what and that they violated
  • 01:09:50that they had a duty to him as
  • 01:09:52a patient if he meant meant it
  • 01:09:54and he did mean it at the time.
  • 01:09:57But it wasn't just that they were not
  • 01:09:59in the case of Dex Coward, right,
  • 01:10:01which is going to an extreme example of
  • 01:10:03suffering the patient with massive burns.
  • 01:10:05It wasn't just that they were not act
  • 01:10:09taking active measures to end his life,
  • 01:10:11but of course they were
  • 01:10:12forcing on him active measures.
  • 01:10:14To rehabilitate, if you will,
  • 01:10:16his skin, which is a horribly painful,
  • 01:10:18protracted experience,
  • 01:10:19which I think is where much of
  • 01:10:21his anger came from. Yes, Sir.
  • 01:10:25Thank you. From a practical
  • 01:10:27perspective, have you interviewed
  • 01:10:30and I know your name please? Sam Harrington.
  • 01:10:32Sam Herron Harrington, Harrington.
  • 01:10:35When I don't live here,
  • 01:10:37I live in Maine where medical
  • 01:10:39aid and dying is. More volume.
  • 01:10:43I'll hold it closer. OK.
  • 01:10:46So have you interviewed American
  • 01:10:48physicians who participate
  • 01:10:49in medical aid and dying?
  • 01:10:52Well, I've talked to Tim Quill.
  • 01:10:55And well, Howard Grossman,
  • 01:10:57but you know that hasn't gone
  • 01:10:59very far and I did talk to
  • 01:11:01Peter Reagan knows telephones.
  • 01:11:03I haven't really engaged
  • 01:11:05with them very deeply,
  • 01:11:07but you know I have had some and that
  • 01:11:10would be something to do as well,
  • 01:11:12the physicians sizing the paper
  • 01:11:14to get more input from physicians
  • 01:11:17both here and and abroad.
  • 01:11:20The physicians I've spoken to
  • 01:11:22about medical aid and dying in the
  • 01:11:25states generally feel that they.
  • 01:11:28Do create an intense
  • 01:11:30relationship with their patients,
  • 01:11:33although it's short and within the movement,
  • 01:11:37there are physicians who feel
  • 01:11:39that the only responsible way to
  • 01:11:41participate is to actually be at
  • 01:11:44the patient's bedside when they
  • 01:11:46take the medicine and sort of.
  • 01:11:48Nursed them through the process,
  • 01:11:50fascinated by what Doctor Grossman there
  • 01:11:53said said about he's he basically said
  • 01:11:56implicitly he's been doing this all along.
  • 01:11:58And good, let's formalize it and say,
  • 01:12:01you know, if you're well in in Holland,
  • 01:12:04you're supposed to declare.
  • 01:12:06As a physician, whether you are to go into
  • 01:12:10go into assisted suicide or not. Right.
  • 01:12:15And then you declare it in medical school.
  • 01:12:17And so that might be a practice to
  • 01:12:19emulate here as a as an option as part
  • 01:12:22of your training and then to, you know,
  • 01:12:24get into different models of it.
  • 01:12:26You know of course the pharmacology
  • 01:12:28of it to do that correctly,
  • 01:12:31but also the psychological implications
  • 01:12:33and philosophical conflicts that
  • 01:12:35you might experience yourself.
  • 01:12:38But
  • 01:12:38there is a group in the United States
  • 01:12:41called AKA made American Clinicians
  • 01:12:43Academy for medical aid and Dying,
  • 01:12:46which is a so I don't know that self.
  • 01:12:49Created group which is trying to
  • 01:12:52promote responsible practices.
  • 01:12:54And so in answer to the question
  • 01:12:56who's going to, who's going to
  • 01:12:58hold the responsibility for this,
  • 01:13:01I would have preferred,
  • 01:13:02I mean I sort of accept the primary
  • 01:13:05care model as the physician who
  • 01:13:07knows the patient best, but.
  • 01:13:10It's fragmented also and my
  • 01:13:12care has been fragmented.
  • 01:13:14I have primary care physicians
  • 01:13:17in different states.
  • 01:13:18And a subspecialty is I think
  • 01:13:22forming generically or you know
  • 01:13:25spontaneously and trying to create a
  • 01:13:30responsible practices in this regard.
  • 01:13:36Thank you. It's good to see you, Sam.
  • 01:13:42Other questions or comments?
  • 01:13:47Yes, doctor hall.
  • 01:13:51Thank you. Can you hear me?
  • 01:13:54Yes, Sarah hall.
  • 01:13:55I'm one of the associate directors
  • 01:13:56of the program with Jack Hughes.
  • 01:13:58But I I was not at the this
  • 01:14:01thing in 2002, although I wasn't
  • 01:14:02quite in high school either.
  • 01:14:05No, he doesn't know. It told me. Yeah,
  • 01:14:09so I think, you know, I'm, I'm.
  • 01:14:11I'm still thinking about this concept
  • 01:14:13of of friendship and I I I think I
  • 01:14:16have a a some discomfort with the
  • 01:14:18concept of a medical friendship
  • 01:14:20particularly I'm sorry particularly
  • 01:14:23in the context of you know this
  • 01:14:25Aristotelian notion of friendship where
  • 01:14:26often you know those sort of virtue
  • 01:14:29based character based friendships.
  • 01:14:30It's almost like this person's a
  • 01:14:32second self and you know going back
  • 01:14:34to sort of Jack's point about.
  • 01:14:36Thinking about equity and patient access,
  • 01:14:39umm, you know,
  • 01:14:40I I take very seriously my duties
  • 01:14:43to my existing patients.
  • 01:14:45I think it's really important to make
  • 01:14:46sure that I follow up on things I say
  • 01:14:48I'm going to follow up on if I get a result,
  • 01:14:50if I get a phone call,
  • 01:14:51if I get a message, I, you know,
  • 01:14:54I really prioritize answering promptly
  • 01:14:56and thoroughly because that's a
  • 01:14:57really important part of my duty.
  • 01:14:59But I would definitely stop short
  • 01:15:01of describing those relationships
  • 01:15:03as friendships or even anything
  • 01:15:05akin to friendships, you know?
  • 01:15:06That because there is this distance and
  • 01:15:08there are those boundaries and you know,
  • 01:15:10a a friend in that true kind of the
  • 01:15:12ultimate friend in the Aristotelian sense,
  • 01:15:14that's someone who would have my cell
  • 01:15:16phone number who could call me at anytime.
  • 01:15:17And while you know,
  • 01:15:18looking through just at the one case
  • 01:15:20of a patient and physician that
  • 01:15:22that's that seems perhaps lovely
  • 01:15:24to have that kind of relationship.
  • 01:15:26Realistically,
  • 01:15:27there's absolutely no way I could
  • 01:15:29sustain that level of relationship
  • 01:15:30with all of my patients.
  • 01:15:32And so then you know that sort
  • 01:15:33of brings into mind the criticism
  • 01:15:35of of concierge medicine.
  • 01:15:36For example,
  • 01:15:37where does that mean that I I should
  • 01:15:39only have a fraction of the number
  • 01:15:40of patients so that I could give
  • 01:15:42them this round the clock dedication
  • 01:15:44and in that case then access is
  • 01:15:46even more compromised?
  • 01:15:47Or do I give everyone my cell phone number,
  • 01:15:49have decided that I'm don't have
  • 01:15:51any right to a personal life or a
  • 01:15:53vacation or anything like that ever
  • 01:15:55because I'm always on call 24/7 365,
  • 01:15:58never with coverage because that's
  • 01:15:59how I am for a friend for example.
  • 01:16:02And so you know how, how,
  • 01:16:04how do we think about setting boundaries?
  • 01:16:07In ways where patients get the
  • 01:16:09care they need,
  • 01:16:09but but physicians also and this ties
  • 01:16:11back to Mark's issue too about about
  • 01:16:13moral distress because it is very
  • 01:16:15morally distressing and especially if
  • 01:16:17you don't have those professional boundaries,
  • 01:16:19I think it's much easier to
  • 01:16:20get caught into that.
  • 01:16:22How what, what are some of the,
  • 01:16:24the.
  • 01:16:24Guardrails or principles that we can
  • 01:16:27think about to make sure that we can
  • 01:16:29have these kinds of close trusting
  • 01:16:31relationships which are admittedly
  • 01:16:33very difficult with current time pressures,
  • 01:16:35but also sort of preserve.
  • 01:16:37The the integrity of the fact that it,
  • 01:16:40it is fundamentally friendship is
  • 01:16:42sort of a relationship of equals
  • 01:16:44where as the physician patient
  • 01:16:46relationship is all there's
  • 01:16:48always a power differential even if
  • 01:16:49we don't want there to be one there
  • 01:16:51is one and and I think in a in the
  • 01:16:53friendship and it's truest sense
  • 01:16:54there isn't a power differential.
  • 01:16:56So how how do we reconcile those
  • 01:16:58those two sort of competing claims.
  • 01:17:01Which really? Reply to that by.
  • 01:17:08Just reflecting again upon Aristotle's point,
  • 01:17:11because he said for every virtue.
  • 01:17:13There's a tendency to be avoided,
  • 01:17:16which is a voice of virtue,
  • 01:17:18of the vice of excess or the vice of defect,
  • 01:17:21like courage, for example, right?
  • 01:17:23That the defect of courage of course,
  • 01:17:26is cowardice,
  • 01:17:27but says too much courage if not done wisely.
  • 01:17:32Is rash, right? It's stupid, right?
  • 01:17:34It's you know what you want to be courageous.
  • 01:17:37So and you're a soldier,
  • 01:17:39so you're charged the hill
  • 01:17:40without counting the enemy.
  • 01:17:41That's not courageous, that's,
  • 01:17:43you know, that's rash and dysfunctional.
  • 01:17:45So it's it's really this kind
  • 01:17:48of balancing act, right,
  • 01:17:49that becomes very much kind of
  • 01:17:52dependent upon the person in their own
  • 01:17:54development of judgment in these things.
  • 01:17:56Whether you know I agree with you that
  • 01:17:58the word friendship and the word love,
  • 01:18:00right that that disturbs me.
  • 01:18:02So it disturbs me and what we've
  • 01:18:04extracted from it is more like respect
  • 01:18:07than for a person than a friendship,
  • 01:18:09right?
  • 01:18:09I mean and and that disturbs me a little
  • 01:18:12bit but I but I what is it was an
  • 01:18:14attempt to find some kind of middle ground,
  • 01:18:17you know, kind of a starting point,
  • 01:18:18not in a finishing point.
  • 01:18:19I I think the project really needs much more,
  • 01:18:23much fuller articulation.
  • 01:18:24I'd really like to work on it more myself.
  • 01:18:28About how, how you would do that.
  • 01:18:29But I mean, there's a lot of
  • 01:18:31ways in which things are done.
  • 01:18:32I mean, anybody heard of Robert Buckman?
  • 01:18:36He, he talked about Breaking Bad news.
  • 01:18:38How do you do that?
  • 01:18:39And he had,
  • 01:18:40he had methodologies and you know they
  • 01:18:42often come out of psychology, right.
  • 01:18:44So how how they would do it,
  • 01:18:46you know,
  • 01:18:46like you're taking off the white coat,
  • 01:18:48you don't stand above them and so forth.
  • 01:18:52And what he would do with his people
  • 01:18:54that they were working on it and
  • 01:18:55you have like a working group,
  • 01:18:57he would video them.
  • 01:18:58You know,
  • 01:18:59like you do in an art class and then
  • 01:19:01you put it up for everybody to talk about it.
  • 01:19:03What do you think about what
  • 01:19:04so and so did here?
  • 01:19:05And you get comments on it
  • 01:19:07and it just becomes a more,
  • 01:19:08much more educational process.
  • 01:19:10Back to Zika,
  • 01:19:12Manuel's point about having,
  • 01:19:13you know, be the friendship,
  • 01:19:15be more of a teaching relationship as well.
  • 01:19:18And for me,
  • 01:19:19the teaching relationship of course
  • 01:19:20being more Socratic where you're drawing
  • 01:19:22out from people things rather than
  • 01:19:24just trying to give them information, right.
  • 01:19:28So, but we have these concepts.
  • 01:19:30I confront it in philosophy a lot.
  • 01:19:32I also teach logic.
  • 01:19:34And you know,
  • 01:19:35a real stumbling block for the
  • 01:19:37students is the concept of valid.
  • 01:19:41Because we know it in common language,
  • 01:19:43it means true.
  • 01:19:44It does not mean true in in
  • 01:19:47logic it means if,
  • 01:19:50if if your premises are true,
  • 01:19:52your conclusion is guaranteed to be
  • 01:19:54true by the form of the argument.
  • 01:19:56Much more complex concept.
  • 01:19:58So valid just does not mean true, right?
  • 01:20:01And same thing here.
  • 01:20:02When you say friendship right,
  • 01:20:04certain things come to our mind about it,
  • 01:20:06but I'm saying medical
  • 01:20:07friendship to try to say that
  • 01:20:09we need to integrate something.
  • 01:20:11From there into this and try to
  • 01:20:13come up with with a workable
  • 01:20:16solution or mean between the
  • 01:20:18extremes and Aristotle sense. So
  • 01:20:21Chambers if I if I'm reading you
  • 01:20:23correctly the medical friendship that
  • 01:20:25you're talking about is going to have
  • 01:20:27a greater degree of intimacy than a
  • 01:20:30completely detached physician patient
  • 01:20:32relationship but not necessarily the
  • 01:20:34level of intimacy that you're talking
  • 01:20:35about with friends in general that
  • 01:20:37we have which is 24/7 accessibility
  • 01:20:38and we approach each other as equals
  • 01:20:40and we tell each other all our.
  • 01:20:41Secrets etcetera, etcetera,
  • 01:20:42you know, whatever.
  • 01:20:43So it's a level of intimacy somewhere
  • 01:20:45between a completely detached
  • 01:20:47physician patient relationship and
  • 01:20:48and what we may think of friendship
  • 01:20:51and the common use of the word.
  • 01:20:53So the medical friendship
  • 01:20:54might be something in between.
  • 01:20:55Yeah, that's well yeah that's the
  • 01:20:57that's the effort and I, I, I, I.
  • 01:21:00Frankly admit, I don't think
  • 01:21:02I've actually clarified it yet.
  • 01:21:04But I I think I have initiated what
  • 01:21:06I hope I have done is initiated
  • 01:21:08the inquiry in a direction that
  • 01:21:10might be productive, you know,
  • 01:21:11but it requires a lot more work in terms of,
  • 01:21:14you know, what that adjustment means.
  • 01:21:16But I mean, it's not only for the patient,
  • 01:21:19it's also for the physician to
  • 01:21:20carry caring for their own sense
  • 01:21:22of self and integrity. And
  • 01:21:24presumably this is not, this need not be
  • 01:21:26limited to issues of assistance dying.
  • 01:21:30Ohh, I'd like to say a trickle down.
  • 01:21:32As I said, really. Yeah.
  • 01:21:33I mean it was strengthened the profession,
  • 01:21:35I think. I mean the. But.
  • 01:21:39It was a David mechanic,
  • 01:21:41talked about the erosion of trust in
  • 01:21:43the medical profession and so on.
  • 01:21:45I mean, and that's, you know, too much trust.
  • 01:21:49Again, it's a virtue.
  • 01:21:50Too much blind trust,
  • 01:21:52blind obedience and that kind of thing.
  • 01:21:53That's not good either. Right.
  • 01:21:55So how do you find that middle ground?
  • 01:21:58Try practice work at it.
  • 01:22:00There isn't an absolute answer,
  • 01:22:02but you can make progress.
  • 01:22:04That's, I think,
  • 01:22:05Aristotle's message and
  • 01:22:06get a lot better at it.
  • 01:22:08And that was the whole foundation
  • 01:22:10of virtue ethics. No? Was that?
  • 01:22:13That and the and and the practice,
  • 01:22:16but also the imitation because I
  • 01:22:18think one thing is going to lead
  • 01:22:20us in the direction you're talking
  • 01:22:22about potentially is if there are
  • 01:22:23some role models that people are
  • 01:22:25drawn to within the profession.
  • 01:22:28You know, people who are Tom Duffy is
  • 01:22:30a much better people like Tim Quill,
  • 01:22:32who came here years ago and spoke to
  • 01:22:34us in this room but was seen as a very,
  • 01:22:38you know, controversial figure certainly.
  • 01:22:40But people like Tom Duffy, for example,
  • 01:22:43people who are very widely and highly
  • 01:22:45respected and there are others in this
  • 01:22:47room as well that I think that some of.
  • 01:22:50What you're seeking is potentially found
  • 01:22:53in the imitation of of respected mentors.
  • 01:22:56Absolutely. And I don't know how
  • 01:22:58many of you know he's he would be
  • 01:23:01an mark would be an example himself.
  • 01:23:04He was working as a practicing physician and
  • 01:23:07kind of got hooked by philosophy poor man.
  • 01:23:10And he decided to get a Masters
  • 01:23:13degree in philosophy here at Yale.
  • 01:23:15Now that's what we need to do and
  • 01:23:17philosophers need to do that,
  • 01:23:18do it from the other side too.
  • 01:23:20Especially, you know, if they're
  • 01:23:22thinking about medical ethics and so on,
  • 01:23:24they need more exposure and
  • 01:23:26experience to the medical world.
  • 01:23:28I mean, for me it was a huge eye
  • 01:23:30opener being able to talk to,
  • 01:23:32you know, physicians who've been
  • 01:23:33in this kind of experience.
  • 01:23:34It's so remote from my experience.
  • 01:23:39So
  • 01:23:39this is the space where philosophy
  • 01:23:41and medicine come together.
  • 01:23:42And Chalmers were very grateful
  • 01:23:44for your talk this evening.
  • 01:23:45And of course, you're a longstanding
  • 01:23:47son of Yale, but you can never
  • 01:23:50have too much of this Yale.
  • 01:23:53Thank you very much.
  • 01:23:54That's cool with that.
  • 01:23:56Thank you.
  • 01:23:59Thank you, folks.
  • 01:24:00We'll be back here in one week
  • 01:24:02with Doctor and Samaria talking
  • 01:24:04about gender affirming chair.
  • 01:24:06And I wish you all a beautiful night.
  • 01:24:08Thank you once again.
  • 01:24:11Discussion was better than
  • 01:24:12the paper, so thank you.