Legal vacuum in law over end-of-life decisions needs to be addressed - Health Minister

Health Minister Godfrey Farrugia today pledged that a Labour government would strive to be on the forefront and push forward needed legislation that so far has not been addressed due to fears of facing social challenges.

Farrugia was concluding a Medicine and Law Conference on End of Life Decisions held at the Mater Dei Hospital Auditorium, organised by the Bioethics Research Programme and the Faculties of Law and Technology.

Farrugia said that the need for such a conference stemmed from debates and conflicts regarding decisions which both doctors and their patients faced on a regular basis which dealt with 'end of life' - specifically on when to remove futile treatment, and when to stop, or not, start extraordinary treatment.

Farrugia said that such end of life decisions represent an important aspect of patients rights and, as such should, involve the patient or, in the case of those unable to communicate, their families.

He underlined the need for the establishment of proper communication of the ethical and moral standards involved so that families are able to appreciate that such decisions are about a patient's right to a peaceful death, and not about decisions taken by doctors on their behalf.

He said "it is not the first time that families feel that a decision may have caused their loved one to die."

"There is a legal vacuum in local law," Farrugia said. "Though doctors should follow morality, these still have to be entrenched in law."

Farrugia noted however that this may nevertheless not be a solution to all problems, such issues stemming from the lack of definition of qualifies as futile treatment, and what is not.

"These decisions cannot be made without proper communication, and on a case-by-case basis," Farrugia stressed. "But legislation must be in place to help medical profession perform their duty. "

Farrugia noted that fear to face social challenges could keep a government from moving forward on such legislation, but stressed that his ministry would strive to be on the forefront so ensure that this is not the case.

"Unfortunately recent IVF legislation was held back perhaps because of such fear," Farrugia said. "Controversies will always exist, and it is for this reason that it is to have the right professional people in place to educate the public and give appropriate advice."

"A peaceful death is an important patient right," Farrugia said, adding that not all that looks like euthanasia is in fact euthanasia, adding that moral laws allow medical practitioners to ensure the proper standards in health care.

"I augur medical and legal profession to work together to create a law that respects our values and at the same time protects both the patient and the professional," Farrugia said.

He insisted that social challenges are there to be faced head on.

"It is useless and disrespectful to the public to stop advancing for years and years, discussing issues on committees, parliament and media endlessly, without ever arriving to satisfactory conclusions within a reasonable time," Farrugia said, pledging to do his best "to see that things are set in motion."