Physicians resist push for execution involvement

Despite organized medicine's efforts to keep doctors away from the death chamber, judicial tussles draw them into the process.

By Kevin B. O'Reilly, AMNews staff. May 14, 2007.

Organized medicine repeatedly has declared it unethical for doctors to participate in capital punishment. Still, some federal judges, politicians and prison officials largely have disregarded these ethical statements, saying doctor participation is necessary for lethal injection to withstand constitutional scrutiny.

The death penalty is on hold in 13 of the 38 states where it is allowed. In 11 of those states, the stays are related to questions over whether lethal injection protocols could sometimes leave the condemned conscious as paralytic and heart-stopping drugs are given.

In California, Missouri and North Carolina, federal judges have ordered prison officials to involve physicians to ensure the prisoner remains unconscious for the entire process.

While a small contingent of doctors says physician participation in executions can be ethical and humane, prison officials in those three states have said they cannot find doctors willing to aid. Most physicians are trying to ensure their profession steers clear of the execution chamber.

American Medical Association policy says physicians should not be present at executions in a professional capacity, take part in the execution process or offer "technical advice regarding execution." Physicians may certify death only after another individual has found the prisoner is dead.

Yet 15 states still require physician presence during executions; 17 states allow doctors to assist in the procedures. Only Illinois and Kentucky bar any kind of physician participation. A California Medical Assn.-led attempt to pass a similar law failed last year, but there have been other successes.