Australian Man Given the Right to Die

This Friday, the West Australian Supreme Court granted quadriplegic Christian Rossiter the right to refuse food and water. Rossiter, 49, sustained a spinal injury after he was hit by a car in 2004, and developed spastic quadriplegia following a fall in 2008. He currently resides at Brightwater Nursing Home in Perth, who took the matter to court in order to determine their legal position. It was concluded by Chief Justice Wayne Martin that Rossiter’s feeding tube be removed, should he request it, and that he be allowed to starve to death. This has been estimated to take two weeks. It has been assured that the nursing home would not be held accountable, as long as the care providers did not attempt to accelerate the process.

Rossiter is happy with the decision, having described his current situation as being a “prisoner in my own body”. Says Rossiter, “I'm happy that I won my right to die by no sustenance and no water, (and) quadriplegics can choose whether they want to live." He has also requested that he be administered with pain killers, and be able to watch Foxtel.

Also in favour of the ruling is Phillip Nitschke, a pro-euthanasia advocate who believes that the outcome is “such a victory for common sense". Though, there is debate as to whether Rossiter’s situation is comparable to euthanasia and this has created some confusion. Euthanasia is punishable by a life sentence in prison, whereas patients are legally allowed to refuse medical treatment at their own peril - as confirmed by president of Palliative Care WA, Dr. Scott Blackwell.

In a similar case, American comatose Terri Schiavo died in 2005 after her husband, Michael, won an eight-year legal case to remove her feeding tube. The family’s requests to continue feeding were denied, and this case sparked the need to distinguish when euthanasia will and won’t be punished by law.

However, as expected, there has been some resistance and controversy surrounding the ruling. Western Australia’s president of the Right to Life Association, Peter O’Meara has described this situation as a “dangerous precedent”, adding that if Rossiter’s win was to set the precedent, he would “be very much concerned”. However, this does not appear to be the case. Rossiter’s situation was said to be judged as unique and, according to academic Thomas Faunce, “The judge made a determination that there was nothing that could be done to improve this person’s quality of life either in terms of psychiatric treatment or mobility.”

Rossiter has not yet made a definite decision in whether to go ahead with this plan. He claims that “there’s a possibility that I could still be dissuaded”, and will talk to an experienced doctor before refusing food, in order to fully understand the effects. Prior to his accidents, Rossiter enjoyed bushwalking, rock climbing and cycling. He has described his current situation as a “living hell.”

Sources:
ABC News: Perth Quadriplegic Wins Landmark Right to Die
Msnb: Aussie Quadriplegic Man Granted Right to Die
UPI.com: Judge Rules Quadriplegic May Refuse Food
The West Australian: Chief Justice Allows Quadriplegic Right to Die
The West Australian: Rossiter Could ‘Take Weeks to Die’
News.com: Quadriplegic Christian Rossiter Could Change His Mind About Dying