Legal Definitions - passive mercy killing

Passive mercy killing refers to the act of allowing a person to die by withholding or withdrawing life-sustaining medical treatment, with the intention of alleviating suffering or respecting the patient's wishes when further treatment is deemed futile or overly burdensome. It is considered "passive" because it involves refraining from an action that would prolong life, rather than taking a direct action to cause death.

Here are some examples illustrating passive mercy killing:

• Example 1: An elderly patient suffering from end-stage pancreatic cancer is experiencing immense pain and has been given only weeks to live. Despite being on a ventilator, their condition continues to deteriorate. After consulting with their family and medical team, and having previously expressed a desire not to prolong suffering, the patient's designated healthcare proxy decides to have the ventilator removed and other life support treatments discontinued, allowing the patient to pass away peacefully.

  Explanation: This illustrates passive mercy killing because the decision involves withdrawing life-sustaining treatment (the ventilator) with the intent to relieve suffering and respect the patient's prior wishes, rather than actively causing death. The medical team is allowing the natural progression of the disease to lead to death.

• Example 2: A person suffers a massive stroke that leaves them in a permanent vegetative state, with no hope of recovery according to multiple medical opinions. They are being kept alive through artificial nutrition and hydration (a feeding tube). Years prior, the individual had signed an advance directive (living will) explicitly stating they would not want to be kept alive in such a condition. Following this directive, their family, in consultation with doctors, makes the difficult decision to discontinue the artificial nutrition and hydration.

  Explanation: This is an example of passive mercy killing because it involves withdrawing a life-sustaining intervention (the feeding tube) based on the patient's previously expressed wishes in an advance directive. The intent is to allow a natural death consistent with the patient's values, not to actively end their life.

• Example 3: A newborn is born with an extremely severe congenital condition that is incompatible with life, meaning the infant cannot survive outside of intensive medical support for more than a few days, and even with support, would experience constant pain and no quality of life. After extensive discussions with the medical team, the parents decide not to initiate aggressive life-saving measures like surgery or long-term ventilation, opting instead for comfort care only.

  Explanation: This demonstrates passive mercy killing because it involves withholding life-sustaining treatments that would only prolong suffering in a hopeless situation. The decision is made to allow the natural course of the condition to lead to death, prioritizing the infant's comfort over futile medical intervention.