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'Agent of mercy' or doc of death? First doctor jailed over assisted suicide has no regrets

In an interview with the National Post, Généreux says he was motivated by a desire to aid ease his HIV patients' anguish and discusses the debate raging today

After surrendering to Toronto's notorious Don Jail and being strip-searched, Maurice Généreux was placed in maximum security. It was the safest place, he was told, for a "known gay."

His new home, along with 3 other inmates, was a cell congenital for two. His neighbours were drug dealers, married woman beaters and child molesters. There were no visitors immune.

[np_storybar title="Twenty-one years agone his doctor prescribed him l pills, enough to kill himself. Just he's live today" link="http://news.nationalpost.com/news/canada/twenty-one-years-ago-his-doctor-prescribed-him-50-pills-enough-to-kill-himself-but-hes-alive-today"]

The prescription slip is dated July 12, 1995. The paper is yellowed and faded, merely the writing is yet clear backside the plastic police evidence bag. It'southward an order for a high-powered barbiturate notorious for its use in suicides.

Mark Jewitt had read how 40 pills would achieve "self-deliverance."

He asked his doctor for 50.

Généreux's criminal trial would later hear it was plenty to kill 2 people.

"I tin't know what these are for," Jewitt remembers Généreux telling him equally the doc scrawled on his prescription pad.

"I told him, 'You don't have to.' And he just wrote information technology out and handed it to me."

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He didn't stay long, notwithstanding. He was transferred to different jails twice. And when 1 of his guards at a correctional facility in southern Ontario recognized Généreux as the physician who had one time treated him at a Toronto AIDS dispensary, he had him moved to super max — solitary cells normally reserved for the highest security chance offenders — for fear he'd be "outed."

Généreux remembers mentally disturbed inmates howling and screaming in the heart of the night. He lost his chiliad privileges, and there was no unescorted move, although he was notwithstanding immune to go to work. His chore was making orange prison jump suits. Généreux was a trained surgeon, so he knew how to sew.

In fact, all he e'er wanted was to exist a physician – until his career ended in ruins with the death of a patient and the nearly fatal overdose of another. In 1998, Généreux became the get-go doctor to be jailed for aiding and abetting suicide under section 241(b) of the Criminal Lawmaking — the very department that is ready to become null and void June six, when the Supreme Court of Canada'southward deadline for new federal legislation governing doctor-assisted dying expires.

Généreux, who spent nine months behind confined and was stripped of his privilege to do medicine forever says he wishes the ruling had come sooner. Simply he doesn't regret what he did.

In an interview with the National Mail service, Généreux says he was motivated by a desire to help ease the mental anguish his patients were experiencing in the days before the era of triple-drug cocktails saved people infected with the once lethal virus.

My feeling was that by giving them an option, this was going to give them some peace of mind

"The torture that they were going through – seeing their friends die slowly, frequently a very painful expiry – my feeling was that past giving them an pick, this was going to give them some peace of mind, knowing that they had the possibility of doing something to take command."

To some, Généreux was an "agent of mercy" offer people a style out of their psychic and existential suffering. Only to others, he was "Dr. Death," a reckless and manipulative md willing to prescribe plenty Seconal, as ethicist Dr. Philip Hébert describes it, "to impale a moose." Either manner, as doctors confront new euthanasia laws – and courtroom rulings like this week's conclusion granting a Calgary woman with ALS an assisted suicide in B.C. – Généreux'south story exposes the clear need for rigor around who gets to brand the terminal choice for patients.

Pro-euthanasia groups didn't rush to make Généreux their poster child. In 1994 he pleaded guilty to sexually touching half-dozen patients and had his license suspended for nine months. Some of his colleagues in the AIDS customs quietly urged him to resign. Instead, five months after his license was reinstated, he prescribed lethal doses of barbiturates to assist two  patients in suicide. Mark Jewitt survived his 1995 attempt, and is alive today. Aaron McGinn died in 1996, at the age of 31.

Both patients had HIV but neither had full-diddled AIDS. They were not in physical pain or in danger of imminent death. A forensic psychiatrist described Généreux  as a human who over-identified with his patients and had trouble refusing their demands.

Postmedia Files
Postmedia Files

His sentencing hearing would reveal that he provided Seconal to sixteen other patients between 1992 and 1996.

It was, however, the early, bleak years of HIV, when many doctors openly refused to treat patients with HIV or AIDS. John Larsson, a longtime social worker and counselor with the AIDS Committee of Toronto, remembers "there wasn't much to hang your hat on in terms of staying alive in the long term. And so people prepared to die, psychologically."

That meant finding a way to control their death – getting suicide pills from empathetic doctors and, if the doctor "wasn't all that cooperative," Larsson says, stockpiling their medications. "They didn't want to end up the mode they saw so many other people dice."

Treatments were evolving, "merely we didn't accept the combination drugs that we take now, which have pretty well brought this epidemic under control," says Généreux, now 69 and running a bed and breakfast for gay and bisexual men in Victoria. "At the time, physicians were in a very hard situation. We were ethically obliged not to help our patients at the cease stages of their life."

Postmedia files
Postmedia files

Still Généreux knew it was a crime. He falsified McGinn's death certificate to prevent people from asking questions.

Aaron McGinn tested positive for HIV in 1989. In August 1995, Généreux prescribed McGinn, who had a history of depression and drug abuse, a quantity of Seconal that would be lethal. He gave him a 2d prescription a week later, when McGinn said he had lost the first.

Ix months later, his partner would later on write, McGinn hung a crucifix on his bedroom closet door and swallowed the Seconal. McGinn warned his partner non to stop him or phone call 911. But he left McGinn's side twice to call Généreux, who counselled him non to call an ambulance. "This is what Aaron wants," Généreux said, according to a Crown document. "You should let him exercise it."

Subsequently, Généreux went to McGinn's home, stated the cause of death as AIDS-related pneumonia and took away the empty Seconal bottle.

While he was the outset to be sent to jail for information technology, Généreux was not the first doctor to exist accused of helping a patient die.

  1. John Moore: I support assisted suicide, simply what we're proposing goes too far.

  2. Andrew Coyne: Canada is making suicide a public service. Have nosotros lost our style as a social club?

In 1993, an Ontario surgeon was charged with second-caste murder in the case of a woman dying of cancer of the trachea and tongue. At the woman's request, he removed her breathing tube and injected morphine to keep her comfy. But he did not stop there. He also injected her with a bolus – a loftier dose of a drug given all at once – of potassium chloride, which stopped her heart. He received a suspended sentence after pleading guilty to the bottom charge of administering a noxious substance. (He could non be reached for comment.)

On reflection, Généreux says, "I would have taken more safeguards to protect my license. I'm not maxim that I would not have assisted. But I would have perhaps screened a little bit better, or been more cautious near how I approached it."

The one man who died (McGinn) had his prescription for ix months, and he didn't see Genereux in all that fourth dimension. It's similar, 'Here's your lethal dose of medication and I'll run across you lot, whenever.'

Genereux mostly wants to put the by behind him; his prosecution and incarceration were demeaning, he says. Just he adds that assisted suicide was an open up secret — "It was common exercise amidst physicians treating AIDS at that time" – and he feels his colleagues abandoned him when he pleaded guilty.

They say he was the i who abandoned his patients. Drugs such as AZT and protease inhibitors were bachelor, and better drugs were on the immediate horizon. Dr. Phillip Berger of St. Michael'due south Hospital in Toronto all the same has people in his practice who were diagnosed with AIDS in 1992. "Just because ane had AIDS didn't hateful their life was over," he says.

Philip Hébert, a physician and bioethicist at Academy of Toronto, devotes a chapter to Généreux'due south case in his new book, Skilful Medicine: The Art of Ethical Intendance in Canada. He says Généreux was besides eager to please patients who were conspicuously depressed merely didn't refer them for counselling every bit he should accept. "He was described equally a Pez dispenser of pills. And I remember that kind of lackadaisical attitude of prescribing has to be non immune.

"The one human being who died (McGinn) had his prescription for nine months, and he didn't see Genereux in all that time. It's like, 'Here'south your lethal dose of medication and I'll see y'all, whenever.'"

My regret is that I'm not able to do whatsoever longer and enjoy that freedom

Hébert testified for the Crown that the Genereux case was a textbook case "of how non to manage the despairing, impulsive, suicidal patient."

However, Hébert feels some sympathy for Genereux. "There were people who supported him. He had some very powerful testimony in his favour." Généreux'due south own college in one case described him as having made significant contribution to the treatment of HIV and AIDS. "He wasn't a bad man," Hébert says. "He wasn't a bad person. I just think he made some very bad decisions."

Notwithstanding, lessons need to be learned. "If you think that there is any possibility of having a regulated scheme of assisted expiry," says Hebert, who does support giving eligible patients the pick,  "it has to be able to exclude cases similar this. It has to be able to say, 'This is wrong.'"

Généreux says he is happy "that finally we are permitted to exist empathetic at the stop stage.

"It's sort of like an achievement, something that I've felt was needed for a long time and finally it'due south hither," he says.

"My regret is that I'grand not able to practice whatever longer and enjoy that freedom."

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Source: https://nationalpost.com/news/canada/agent-of-mercy-or-doctor-of-death-first-physician-jailed-over-assisted-suicide-has-no-regrets

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