Big decision on euthanasia and living will in Maharashtra, now new rules will be applicable in private hospitals also

Maharashtra government has taken an important decision regarding the rights of patients. Expanding the scope of rules related to Passive Euthanasia and Living Will, the state government has now issued an order to implement them in government hospitals as well as private hospitals. For this, the process of forming necessary committees has also been started, so that decisions can be taken in all cases as per the guidelines of the Supreme Court.

The government believes that this step will ensure better protection of the rights of seriously ill patients in the last stages of life and a uniform system can be implemented in hospitals.

What is passive euthanasia?

Passive euthanasia does not mean taking active steps to cause the death of a patient, but removing or stopping, under a prescribed legal procedure, the treatment or life support system of such a patient artificially maintaining his life, when there is no medical possibility of his recovery.

In such cases, the decision cannot be taken directly by the hospital, rather it is mandatory to follow the prescribed medical and legal procedure.

What is a living will?

A living will is a legal document which is prepared in advance by a person with full mental capacity. In this he makes it clear that if in the future he reaches such a serious condition where he is not in a position to take any decision on his own, then what should be done regarding his treatment.

In this document, the person can decide for how long he should or should not be kept on artificial life support equipment in case of incurable disease or permanent coma.

Same rules will apply in private hospitals also

Till now there were clear procedures for government hospitals in such cases, but the Maharashtra government has now decided to bring private hospitals also under the ambit of these rules.

As per the instructions of the government, all eligible private hospitals will have to follow the guidelines set by the Supreme Court. For this, necessary medical committees will be formed in every hospital, which will review the patient’s health condition, medical report and documents like living will and take the decision process forward. This will ensure procedural equality between government and private health institutions.

There will be better protection of patients’ rights

The state government says that the purpose of this new system is to respect the dignity of patients and their autonomy. Giving legal recognition to the previously expressed wishes of seriously ill patients will also provide clarity to families and doctors in decision making.

Additionally, there will be increased transparency in decisions related to continuing or discontinuing life-saving treatment and the possibility of unnecessary legal disputes will also be reduced.

Steps taken as per the instructions of the Supreme Court

This decision of the Maharashtra Government is in accordance with the guidelines issued from time to time by the Supreme Court. The Supreme Court has clarified that a person has the right to live life with dignity, and in special circumstances, the right to die with dignity is also considered part of this constitutional principle.

On the basis of these instructions, states were asked to develop such a system in which a balance could be created between the patient’s wishes, medical opinion and legal process.

A significant change in the health system

Experts believe that this decision of the Maharashtra government will strengthen the patient-centric approach in health services. This will not only implement a uniform process in government and private hospitals, but will also make treatment decisions at the last stage of life more sensitive, transparent and legally safe.

In the coming time, this system can prove to be a model for other states also, where similar steps can be taken towards establishing a better balance between patients’ rights and medical ethics.

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