Bengaluru: In a significant move that upholds a patient's right to die with dignity, the Karnataka Government on Saturday issued an order implementing the Supreme Court’s directive on withholding or withdrawing life-sustaining treatment (WLST) for terminally ill patients with no hope of recovery.
Karnataka Health and Family Welfare Minister Dinesh Gundurao announced the government's decision to implement the SC directive (on patient's right to death with dignity) on the X platform.
"It is a historic order which will immensely benefit those who are terminally ill with no hopes of recovery or are in a persistent vegetative state and where the patient no longer benefits from life-sustaining treatment," he said.
The Supreme Court in its January 1, 2023 judgement recognised the patient’s right to die with dignity and laid down guidelines for withdrawing or withholding life-sustaining treatment for patients who are terminally ill with no hope of recovery and no longer benefit from the medical treatment.
As per the Government Order dated January 30, any neurologist, neurosurgeon, surgeon, anaesthetist or intensivist approved by the appropriate authority under the Transplantation of Human Organs and Tissues Act for the certification of brian-stem death will be nominated as a member of the Secondary Medical Board which will certify withholding or withdrawing of life-sustaining treatment.
Gundurao said that the Government has also come out with an Advanced Medical Directive (AMD) or a living will in which a patient can record their wishes about their medical treatment in the future. "This important step will bring great relief and a dignified sense of closure to many families and individuals," he said, adding Karnataka is a progressive state and is always at the forefront of upholding liberal and equitable values for a more just society.
SC guidelines on WLST?
- The procedure for WLST requires approval by the treating doctor.
- The hospital where the patient is being treated must set up the Primary and Secondary Medical Boards comprising three registered medical practitioners each. The Secondary Medical Board must also have a registered medical practitioner nominated by the District Health Officer.
- These boards will together take decisions regarding WLST after obtaining the consent of the patient’s next of kin or the person nominated in the patient’s advance medical directive.
- Copies of the decisions of the boards regarding WLST must be sent to the Judicial Magistrate of the First Class (JMFC) before giving effect to them and the JMFC will send the copies to the Registrar of the High Court for record keeping.
- In case a patient decides to execute a living will, also called AMD, he can do so by recording his wish about his/her medical treatment in the future. In this document, the patient should nominate at least two persons to make health care decisions on his/her behalf in case the patient has lost decision-making capacity. Any adult person of sound mind can execute an AMD and should send a copy of the same to a competent officer to be appointed by the state governments. The AMDs must be maintained in the paper or digital health records of the patients.
