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Right to Die Case

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caskur™
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« on: August 07, 2009, 11:46:08 am »
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http://www.news.com.au/perthnow/story/0,21598,25895902-2761,00.html

WA Court could rule on Christian Rossiter right to die case

By Todd Cardy, court reporter with AAP

August 07, 2009 10:45am



A WA Supreme Court ruling on a quadriplegic Perth man's request to stop being tube-fed because he wants to die could be made as soon as next Friday.

Nursing care provider Brightwater Care Group has asked the court if it can legally continue tube-feeding Christian Rossiter, 49, despite his plea for the life support to stop.

In a case that right-to-die advocate Philip Nitschke says is ``very important'' to the campaign for legally assisted suicides, Mr Rossiter, 49, says he's in a ``a living hell’’ because of total paralysis and needs 24-hour care.

Mr Rossiter has asked his northern suburbs nursing home to cease feeding and hydrating him through a tube to his stomach, known as a percutaneous endoscopic gastrostomy (PEG) tube.

Today in an application hearing by the nursing home, Chief Justice Wayne Martin said he would fast track the case in which he saw he had three aspects of law to consider that were on whether:

- It is legal for the nursing home to stop feeding Mr Rossiter;

- Mr Rossiter has the mental capacity to make the decision to deny being tube-feed; and

- Mr Rossiter has been properly informed of the consequences of his decision and the effects of starvation.

Mr Rossiter’s lawyer John Hammond asked the court for the case to be heard at his client’s nursing room beside, saying a written statement could ``sanitise’’ his position and the ``pain and suffering under which he labours would be lost’’.

Mr Hammond said Mr Rossiter's’ tracheotomy tube meant communication was difficult and an audio-visual or telephone conference would not be suitable.

He said Mr Rossiter was a cogent, lucid and intelligent man who understood the consequences of his request and would make the difficult journey to court if needed but a beside hearing would be the best way for his client to be heard.

``When one sits at the bedside of this man it is easy to understand the suffering,’’ Mr Hammond said.

Justice Martin said if satisfactory preparations could be in place, the court could convene at the nursing home but he would need further information before making agreeing.

Justice Martin ordered all parties - including a lawyer who was also at the hearing for the Attorney-General Christian Porter - to submit their arguments to the court early next week.

He also allowed any other relevant interested parties to file an argument on the case.

A hearing was preliminarily listed for 10am next Friday.

Outside court, Mr Hammond told reporters that Mr Rossiter’s wishes remained the same day by day – ``that is he no longer be fed, that he be allowed to die in peace’’.

``He is still contemplating if anyone will take him to Switzerland to be euthanased immediately,’’ he said.

``He no longer wants to live and what I say to people if they are truly compassionate about his position then they would give in to his request.

``This is his decision and his life should be his decision, not anyone else’s.’’

_________________________________________________________________



Warwick Stanley, AAP

August 06, 2009 02:20pm
A NURSING care group has asked the Supreme Court if it can legally tube-feed a quadriplegic Perth man who has asked it to stop because he wants to die.

In a case that right-to-die advocate Philip Nitschke says is ``very important'' to the campaign for legally assisted suicides, Perth man Christian Rossiter has pleaded to end his life. .

The 49-year-old patient at the Brightwater nursing home in Perth's northern suburbs says he's in a ``a living hell'' because of total paralysis and needs 24-hour care.

Speaking through a tracheotomy tube, Mr Rossiter told reporters yesterday that he hopes an application to the WA Supreme Court will result in him being allowed to die.

He has asked the nursing home to cease feeding and hydrating him through a tube to his stomach, known as a percutaneous endoscopic gastrostomy (PEG) tube.

The Brightwater Care Group said today it is asking the court whether it is lawfully feeding Mr Rossiter, in view of his requests to stop.

''(The requests) place Brightwater in a position of conflict between its duty of care and its obligation to respect Mr Rossiter's request, and raises complex issues at law,'' a statement from lawyers acting for the group said.

Mr Rossiter first publicly declared his wish to die in June, and has since had discussions with Dr Nitschke and Perth lawyer John Hammond about possible options for ending for his life.

These may include refusal of food, nutrition and liquids or travelling to Switzerland to undergo legally administered lethal injections.

Mr Rossiter said Australia should adopt Switzerland's euthanasia laws and allow people freedom of choice in their right to live or die.

``I'm hoping the courts won't force them (nursing home staff) to sustain me,'' Mr Rossiter said.

``This is living hell.

``I used to be a cyclist, I used to be a keen walker.

``I bushwalked around the world ... I've rock climbed in Yosemite Valley in California up very steep cliffs.

``I've got a degree in economics and now I can't even read a newspaper, I can't turn the pages.

``I want to have the food withdrawn.''

Mr Hammond, who was by his client's side, said Mr Rossiter's wishes should be respected.

``He wants to die now, not tomorrow, not next week, but he wants to die now and he wants to die without pain,'' Mr Hammond said.

``I think if we are to be civilised in the way we deal with people like Mr Rossiter then his wish should be granted.''

Dr Nitschke congratulated the Brightwater group ``for going down the path of seeking legal advice on this''.

``In the meantime, of course, we've been involved in making sure Chris has got good legal representation, too, so that his rights can be reflected,'' he told Fairfax Radio Network.

But he warned that Mr Rossiter was choosing a difficult path if he decided to fast himself to death.

``I certainly made it clear to Chris that while it has a certain appeal - that one can simply stop eating and drinking - the idea that it's an easy road is far from the truth,'' he said.

Brightwater's lawyers said the care group was taking a neutral stance on Mr Rossiter's wishes.

``Brightwater is not seeking to take a position or making an application to the court that is either in opposition to or endorses Mr Rossiter's request,'' it said.

Brightwater chief executive Dr Penny Flett said it was a complex legal issue and court advice was being sought in order for Mr Rossiter to be provided ``with the best possible care''.


 
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marysez
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« Reply #1 on: August 10, 2009, 02:49:52 pm »
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i have a friend whose husband is in this condition and he too asks to be taken off the tube. they keep him alive anyway.
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caskur™
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« Reply #2 on: August 11, 2009, 04:18:20 am »
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Yes....we have people in the same condition here as well....A friend of mine's mother finally died after 14 yrs in a state like this but she couldn't speak...and my cousins grandmother as well...

this year, my BIL as well...but he had only three weeks before they put him down with morphine.....he got brain damage after the revived him from a heart attack.

I am so, so sad for these people....to keep someone alive when they want to die is absolutely the most evil sick act I know and why? Why are they so afraid of death and dying?....I am talking about the people who won't help....

I now believe this to be one of the greatest evils of our time....to make people suffer when we can help them die....

Let them go....

death is only a temporary situation anyway, if you believe what the Bible says...

I am suspecting money is behind all this grief...money and jobs...how else can they justify what they do to people in vegetative states?

In this case, the man has all his faculties...they have refused him a hearing as of today.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Brightwater denies quadriplegic bedside court hearing

http://www.news.com.au/perthnow/story/0,21598,25913987-2761,00.html

Andrea Hayward

August 11, 2009 11:00am
A NURSING home has refused to allow a court hearing at the bedside of a quadriplegic man who has asked to be allowed to starve to death.

Perth lawyer John Hammond last week requested the hearing before West Australian Supreme Court Chief Justice Wayne Martin at the nursing home where 49-year-old Christian Rossiter is a patient.

The Brightwater Care Group has lodged an application seeking advice on whether its Perth northern suburbs nursing home should continue feeding Mr Rossiter, despite his wish to starve to death.

Mr Rossiter, who is totally paralysed, has described his situation as ``a living hell'' and has been pleading to be allowed to die since June.

Mr Hammond said on Tuesday he had been told Brightwater did not want the hearing held at the facility where Mr Rossiter is cared for.

``Principally they believed there wouldn't be enough room at the hospital to hold the hearing, that it would be traumatic for the patients and thirdly that there would be a risk of cross-infection for those coming into the hospital for the patients,'' Mr Hammond said.

``I don't accept any of those reasons ...''

Mr Hammond said Mr Rossiter was determined to make a trip to the Supreme Court for the Friday hearing despite the extreme inconvenience, which will involve taking carers and organising a private room at the court.

``He's more than prepared to take the trip to the court room even though that is going to involve a little bit of inconvenience and a lot of organisation,'' Mr Hammond said.

Public support stirred by Mr Rossiter's case had been encouraging for the once avid rockclimber and outdoor enthusiast, Mr Hammond said.

``It's very heartening for Christian because he wants the world to know what he is experiencing and he also hopes that the case will encourage others to take similar steps if they don't want to carry on with life because life may have nothing else for them,'' he said.

Mr Hammond said it was important to bear in mind Mr Rossiter was not asking to be euthanased.

``It's not the ideal situation but he's merely asking that he no longer accept any nutrients from the hospital,'' Mr Hammond told ABC Radio.

``He's not asking to be euthanased. He's asking if he can just stop eating.''

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« Reply #3 on: August 12, 2009, 10:56:55 am »
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Yes....we have people in the same condition here as well....A friend of mine's mother finally died after 14 yrs in a state like this but she couldn't speak...and my cousins grandmother as well...

this year, my BIL as well...but he had only three weeks before they put him down with morphine.....he got brain damage after the revived him from a heart attack.

I am so, so sad for these people....to keep someone alive when they want to die is absolutely the most evil sick act I know and why? Why are they so afraid of death and dying?....I am talking about the people who won't help....

I now believe this to be one of the greatest evils of our time....to make people suffer when we can help them die....

Let them go....

death is only a temporary situation anyway, if you believe what the Bible says...

I am suspecting money is behind all this grief...money and jobs...how else can they justify what they do to people in vegetative states?

In this case, the man has all his faculties...they have refused him a hearing as of today.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Brightwater denies quadriplegic bedside court hearing

http://www.news.com.au/perthnow/story/0,21598,25913987-2761,00.html

Andrea Hayward

August 11, 2009 11:00am
A NURSING home has refused to allow a court hearing at the bedside of a quadriplegic man who has asked to be allowed to starve to death.

Perth lawyer John Hammond last week requested the hearing before West Australian Supreme Court Chief Justice Wayne Martin at the nursing home where 49-year-old Christian Rossiter is a patient.

The Brightwater Care Group has lodged an application seeking advice on whether its Perth northern suburbs nursing home should continue feeding Mr Rossiter, despite his wish to starve to death.

Mr Rossiter, who is totally paralysed, has described his situation as ``a living hell'' and has been pleading to be allowed to die since June.

Mr Hammond said on Tuesday he had been told Brightwater did not want the hearing held at the facility where Mr Rossiter is cared for.

``Principally they believed there wouldn't be enough room at the hospital to hold the hearing, that it would be traumatic for the patients and thirdly that there would be a risk of cross-infection for those coming into the hospital for the patients,'' Mr Hammond said.

``I don't accept any of those reasons ...''

Mr Hammond said Mr Rossiter was determined to make a trip to the Supreme Court for the Friday hearing despite the extreme inconvenience, which will involve taking carers and organising a private room at the court.

``He's more than prepared to take the trip to the court room even though that is going to involve a little bit of inconvenience and a lot of organisation,'' Mr Hammond said.

Public support stirred by Mr Rossiter's case had been encouraging for the once avid rockclimber and outdoor enthusiast, Mr Hammond said.

``It's very heartening for Christian because he wants the world to know what he is experiencing and he also hopes that the case will encourage others to take similar steps if they don't want to carry on with life because life may have nothing else for them,'' he said.

Mr Hammond said it was important to bear in mind Mr Rossiter was not asking to be euthanased.

``It's not the ideal situation but he's merely asking that he no longer accept any nutrients from the hospital,'' Mr Hammond told ABC Radio.

``He's not asking to be euthanased. He's asking if he can just stop eating.''


to keep someone alive when they want to die is absolutely the most evil sick act I know and why? Why are they so afraid of death and dying?i have asked this Same question caskur and i dO have some thoughts. one of them deals with a realme We as people can not taste touch or feel. i wonder if the entity that creates projects like mkultra r experimenting with this unknown realme.
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caskur™
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« Reply #4 on: August 12, 2009, 11:18:02 am »
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mkultra???

what is this? I haven't heard of this before...
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« Reply #5 on: August 13, 2009, 01:36:08 pm »
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mkultra???

what is this? I haven't heard of this before...

mkultra is apparently a part of the cia. u might call it a Scientific research into some unkown questions, all for the security of the country of coarse. if u r interesed i can lead u to a pretty informative playlist on mkultra and all it's projects. project paperclip was the project that brought in the nazi scientists after the war.
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caskur™
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« Reply #6 on: August 13, 2009, 03:05:42 pm »
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sure, why not?...

and you might like this site as well Mary....

http://thirdrailforum.com/index.php?PHPSESSID=f6f9fb5fe7f6703adea1c7ba50e1dfa9&

The owner of the site is BraIn....he is an interesting fellow.

He is a deep thinker BUT some of his members there are quite rude...BraIn likes his leftist politics.
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« Reply #7 on: August 14, 2009, 12:23:08 pm »
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Quadriplegic wins right to die
Posted 1 hour 2 minutes ago
Updated 17 minutes ago

A landmark decision in Western Australia's Supreme Court has given a Perth quadriplegic the right to refuse food from his care provider.

Forty-nine-year-old Christian Rossiter was given the approval on the condition he understands the consequences of his actions.

Mr Rossiter developed spastic quadriplegia after being hit by a car and is now fed through a tube in his stomach.

He wants to end his life and his care provider the Brightwater Nursing Home had asked the court whether it could legally stop feeding him.

In submissions to the court, Mr Rossiter's lawyer John Hammond said there was no lawful basis upon which Brightwater could ignore such a request.


'Victory for common sense'

Euthanasia advocate Philip Nitschke says he is thrilled with the Supreme Court's decision.

"It's a very important decision and it's such a victory for common sense," he said.

"The idea that they would have come back with some direction that his wishes would not be complied with is just to awful to think about."

Dr Nitschke says it is reassuring for everyone involved.

"It's been made clear he can take it at any time and he can revoke it at any time," he said.

"I've been talking to him today and he was still at that stage asking questions about other options which he sees as being somewhat more appealing, such as going to Switzerland.

"He's been concerned about some problems there but I guess over the next course of time we will be getting some more evidence and information to him about that choice."

http://www.abc.net.au/news/stories/2009/08/14/2656334.htm?section=justin


_________________________________________________________

I don't think it is a first....they already made decision that people could refuse treatment and force feeding.....

this isn't good enough....the way he has to die is WRONG when he can be aided.....omg, if vets did it this way, there would be an outrageous outcry.....

letting people die this way is exceptionally cruel....

and people who want the poor man to stay like this are absolutely evil....

What is wrong with them?....why do they fear death and dying so much?....especially the religious mongs who believe you go to a better place anyway...

I'm guessing if money can be raised....he might choose to go to Switzerland after hearing what starving to death will be like....

the lack of water will cause delirium….dying of thirst isn’t a good way to go….

If he does stay home and choose this way to die…..I hope the anti-euthanists hang their evil heads in shame.
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« Reply #8 on: August 15, 2009, 12:22:00 pm »
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This is a brilliant comment from Megan's board by Lord Stockton...

brilliant...

TJ, Christ's crucifixtion was, in factual terms, a suicide. Christians beleive He had the power to come down from the cross but chose not to. A non beleiver would call that suicide - to die when you had the ability to avoid it.

What pisses me off is how people find out about some one looking to end their life , and bingo , they are there with their ears back saying how terrible the patient is & how terrible the doc is for helping etc. 

Self appointed experts on an issue they know nothing about.

Their solution, 'Oh keep going the way you are, the sanctity of life is paramount.'  Stuff your personnal suffering. My moral beliefs are more important than your your silly wants & wishes. Oh by the way don't expect me to pay more taxes to help relieve your suffering - that's your problem.

Hang on what has the poor sod in the bed being thinking about for the past number of years or months?

TJ, my **** is about these late arrivals imposing THEIR wishes on some poor bugger whom they don't even know.

Regarding your comments on IVF - don't you think it right that it be available to couples?



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« Reply #9 on: September 25, 2009, 04:29:30 am »
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QUADRIPLEGIC Christian Rossiter has died from a chest infection, five weeks after a court granted him the right to refuse food and water.

Mr Rossiter, 49, died in a Perth nursing home late last night, the Seven Network reported, saying Mr Rossiter had refused medical treatment for the infection.

See Channel Nine News video

His lawyer John Hammond said Mr Rossiter had been in a lot of physical discomfort.

"Death I suspect comes as quite a relief for Christian," Mr Hammond told Channel 7.

"I think Christian will be remembered as someone who was very brave and took up a fight which will give a lot of people comfort.

"Essentially he won the right to refuse food and medication so he could die if he wanted to."

In August, WA Supreme Court Chief Justice Wayne Martin handed down a landmark ruling which effectively gave Mr Rossiter an avenue to die by starving to death.

Mr Hammond said the ruling was not about euthanasia, but about giving people the right to refuse treatment if they are dying.

A series of injuries had combined to make Mr Rossiter a spastic quadriplegic last year, and he described his life as a living hell.

He had asked the Brightwater Care Group at least 40 times to stop feeding and hydrating him through a tube to his stomach, before the matter was taken to
court.


http://www.news.com.au/perthnow/story/0,21598,26102550-5008620,00.html



Quote from: lordstockton board=general thread=748 post=11628 time=1253795332
In August, WA Supreme Court Chief Justice Wayne Martin handed down a landmark ruling which effectively gave Mr Rossiter an avenue to die by starving to death


We really are a civilised society

"Yes you may starve your self to death slowly.  But no you can't have a quick lethal injection of ...."


truly sick....

they would never get away with doing that to a dog or cat..

He was truly a brave heart...now he can rest in peace..
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