A court has upheld a previous ruling by the Court of Assizes that a doctor that carried out euthanasia on a 38-year-old woman from the East Flemish city of Sint-Niklaas “made no errors”. The ruling means that the doctor, who was previously acquitted together with two colleagues by the Court of Assizes, will not have to pay compensation to the dead woman’s family.
Court once again rules that the doctor who euthanised Tine Nys “made no errors”
On 31 January 2020 a jury at the Court of Assizes acquitted Dr Joris Van Hove and two of his colleagues. They had been charged with murder by poisoning. Almost ten years previously in 2010 Tine Nys had asked to be euthanised on the grounds of “invisible psychological suffering”. Her family believed that the correct procedures had not been followed and the lodged a complaint against Dr Van Hove and the two colleagues that were also involved in euthanising Ms Nys.
The Court of Cassation ruled that insufficient explanation had been given regarding the jury at the Court of Assizes’ verdict to acquit Dr Van Hove. This meant that the trial had to be repeated in front of a civil court. Although whatever the result, Dr Van Hove would remain innocent of murder by poisoning, the civil court trial could still determine that he had made an error and if this was the case order him to pay Ms Nys’ family compensation. The court has now ruled that this is not the case.
The court states that Tine Nys's psychological suffering had been present since her puberty. "She also had relatively good periods during her life. But these relatively good periods were always followed by bad episodes that were accompanied by suicide threats and multiple suicide attempts. The pattern of these episodes could not be broken", the verdict reads. Ms Nys’ family can still appeal if they wish.
What are the basic conditions of Belgium’s euthanasia law?
• The patient over 18+, legally competent and conscious at the time of his request
• The request is voluntary
.• The patient is in a medically hopeless condition of persistent and unbearable physical or psychological suffering that cannot be alleviated and is the result of a serious and incurable condition caused by an accident or illness.
