Man tragically dies over fatal substance intended for someone else

The case of a Queensland man's death has raised serious concerns about the safeguards within the state's voluntary assisted dying (VAD) scheme.

The elderly man, referred to as ABC for legal reasons, tragically passed away using a fatal substance that was intended for another person.

This incident has sparked a debate about the balance between patient autonomy and the need for stringent regulatory oversight in the administration of VAD substances.



Coroner David O’Connell, in his findings, emphasised the gravity of the situation.

‘Persons should not be placed in a position where they can be led into unwise decisions,’ he said.

The inquest into ABC's death, which occurred within 107 days of the legalisation of VAD in Queensland, highlighted a 'tragedy' that has led to a call for a re-examination of the current laws.


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ABC tragically died after using a fatal substance intended for another person. Credit: Shutterstock


The VAD law in Queensland, which came into effect in January 2023, allows terminally ill patients to self-administer a VAD substance in a private location.

However, they must nominate a person legally required to return any unused or leftover portion within 14 days.

In ABC's case, the substance was not returned to a hospital due to his inability to leave his home, and no arrangement was made for a health professional to collect it.



ABC's daughter recounted the heart-wrenching moment she discovered her father's lifeless body.

‘I thought he was asleep in the chair. I put my arms around him. He was cold,’ she said.

ABC’s daughter also found an empty box in the kitchen and ‘knew immediately it was the VAD’.

The coroner found no breach of the law by health authorities, despite the substance being overdue for return.

However, he criticised the system's 'operational flaws' and the lack of 'well-considered law’.

‘It is clear that the system and its purportedly rigorous “check and balances”, had several operational flaws...it was, in my respectful opinion, not a well-considered law,’ O’Connell said.



In response to this case, Coroner O’Connell recommended that the Queensland government implement an earlier draft of VAD laws that required oversight by a medical professional at all times.

Queensland Health Minister Shannon Fentiman acknowledged the coroner's recommendations and had ‘already done some work in the respect’.

‘Following that case, we are working on a review of that legislation coming up to three years that will start next year, and that will obviously be one of the things that we look at,’ she said.
Key Takeaways
  • A Queensland coroner criticised the safeguards in the state's voluntary assisted dying scheme after finding an elderly man died using a fatal substance intended for someone else.
  • The coroner found faults in the current laws, noting they allowed terminally ill patients to possess dangerous drugs without medical training, regulatory oversight, or during times of personal turmoil.
  • The incident occurred within 107 days of the legalisation of voluntary assisted dying in Queensland and highlighted flaws in the system's checks and balances.
  • The Queensland Health Minister stated that the government would consider the coroner’s recommendations and reiterated that a review of the legislation is slated for the following year.
Our thoughts and prayers go out to ABC's family, friends, and relatives. May he rest in peace.

Have you or someone you know navigated the VAD process? What measures do you believe are necessary to protect individuals while preserving their autonomy? Share your thoughts in the comments below.
 
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