The Dutch Public Prosecutor's Office began a criminal investigations on September 28. This is the first such investigation to be opened since the introduction of the Netherlands introduced a law allowing euthanasia law in 2002.

Due diligence

Under the euthanasia law, a doctor may aid in euthanasia or assisted suicide, including on severely demented persons. However, he should always comply with the due diligence in the law. The law prescribes how the doctor's actions should be reported and reviewed.

Euthanasia or assisted suicide is only legal if all six diligence requirements in the euthanasia law are met:

• The doctor is convinced that the patient's request for euthanasia is voluntary and well-considered.
• The patient is suffering unbearably and has no prospects of being cured.
• The doctor has informed the patient about his situation and prospects.
• The doctor and the patient have concluded that there is no reasonable other solution.
• The doctor has consulted at least one other independent doctor, who has seen the patient. This doctor has given his opinion on the situation in writing, based on the care requirements.
• The doctor carries out the euthanasia or assisted suicide carefully.

Doctor acted negligently

The Regional Euthanasia Review Committees (RTEs) assess all cases of euthanasia afterwards. The RTE in this case came to the conclusion at the beginning of this year that the doctor at the nursing home "did not act in accordance with the diligence requirements" provided for in the euthanasia law in the case of a severely demented woman.

The woman had made a living will a couple of years before her admission, but it was unclear and contradictory. In addition, the doctor crossed some boundaries when he carried out the euthanasia, according to the judgment of the RTE. The RTE has therefore passed the case to the public prosecutor for a criminal assessment. The public prosecutor will decide whether the doctor will be prosecuted.

Euthanasia practice: diligent & transparant

The Dutch Association for Voluntary End of Life (NVVE) is calling the public prosecutor's investigation "a personal drama for the doctor, who acted in a kind and humane manner. Undoubtedly, the doctor assumed careful compliance. It is also sad for the relatives of the patient concerned that this case is carrying on like this."

The NVVE believes that when people who suffer from dementia have deliberately expressed a request for euthanasia, this should be honoured. Of course, the current procedures must be carried out correctly and it is good that they are also reviewed. Nevertheless, the NVVE hopes that this investigation will not deter doctors.

The euthanasia practice in the Netherlands has proven to be diligent and transparent, and the expertise and mutual support among doctors increase every year. No doctor has ever been prosecuted for this matter since the existence of euthanasia legislation in the Netherlands.