What’s the Cost of Living in Oregon These Days? A Fresh Look at the Need for Judicial Protections in the Death With Dignity Act
Andrew R. Page, 22 Regent U. L. Rev. 233 (2010)
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With the rise of the largest senior citizen population in our nation’s history on the horizon, as well as the increased cost of health care for both state and private industries, a judicial review process to oversee the Death with Dignity Act is essential to protect senior citizens against its potential abuses. In order to show the purpose and process of adjudicating Death with Dignity Act procedures, this Note unfolds in four parts. Part I explains the circumstances, both present and future, creating the potential for improper use of the Death with Dignity Act. Part II explains why the Death with Dignity Act, as presently written, does not provide adequate safeguards to protect citizens in light of those circumstances. Part III proposes an adjudicative procedure that a state may enact in order to provide sufficient protection for its citizens. Finally, Part IV provides the method for adjudicating Death with Dignity Act cases by using the example of the judicial bypass procedure for minors seeking an abortion. With a process of judicial review as a check on the procedures of the Death with Dignity Act, a state can confidently ensure the protection of patients, as well as the integrity of health care providers.
