What are the criteria for assessing whether a doctor has acted with due care?

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When dealing with a patient's request for euthanasia, doctors must observe the following due care criteria.

They must:

· be satisfied that the patient's request is voluntary and well-considered;

· be satisfied that the patient's suffering is unbearable and that there is no prospect of improvement;

· inform the patient of his or her situation and further prognosis;

· discuss the situation with the patient and come to the joint conclusion that there is no other reasonable solution;

· consult at least one other physician with no connection to the case, who must then see the patient and state in writing that the attending physician has satisfied the due care criteria listed in the four points above;

· exercise due medical care and attention in terminating the patient's life or assisting in his/her suicide.

Since 1 November 1998, regional review committees have been assessing whether doctors' actions satisfy the criteria which are now stated in section 2 of the Termination of Life on Request and Assisted Suicide (Review Procedures) Act (see appendix I).
Another important, basic principle established in case law is the existence of a close doctor-patient relationship. A doctor may only perform euthanasia on a patient in his care. He must know the patient well enough to be able to assess whether the request for euthanasia is both voluntary and well-considered, and whether his suffering is unbearable and without prospect of improvement.

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