So here is my question for the forensic folks. If this had been a suicide instead of a doctor assisted suicide, what is the culpability/responsibility of the psychiatrists whom she voiced suicidal ideation? Do you just make a recommendation for treatment or is there any other responsibility?
It's a LOT more complicated than that.
1) The wife/deceased was under the treatment of a US based psychiatrist. Wife denied SI to her treating psychiatrist.
a. The treating relationship is based upon self report. The deceased denied SI to the treating psychiatrist. The treating psychiatrist went on record stating that the claimant was free of SI. Absent an expert stating that the treating psychiatrist should have known undisclosed factors, there is no negligence.
2) TWO separate court ordered psychologists did not find indication of SI.
a. Three years prior to the suicide, the court ordered psychologist found no indication of SI.
b. After the initial psychological evaluation, the deceased presented things to a panel of legislators, who are attorneys, without anyone expressing concern.
c. A second court ordered psychologist did not find any evidence of SI in a report, but noted that the deceased was motivated to enact revenge on the husband. Based upon the FB post, it sounds like this psychologist was right.
d. Usually, a court order makes you an agent of the court, and therefore partially immune from lawsuits. Same legal reason why you can't sue a judge. This is why you end up with board complaints instead of being sued.
3) While in treatment, the wife/deceased was concurrently evaluated by a UK based psychiatrist, who was employed by the euthanasia clinic, on four separate occasions.
a. This UK psychiatrist indicated that there were no psychiatric diagnoses, and that the deceased was "of sound mind".
b. The UK psychiatrist lost his license for unknown reasons. Presumably, his book that endorses suicide for pretty much any reason, played a role in his legal status.
c. The psychiatrist was previously licensed in the UK. The UK is not part of the EU, where the euthanasia clinic was located.
d. The Swiss clinic provides "assistance in dying". This practice has been legal in Switzerland since 1941.
3) There are MULTIPLE jurisdictions involved, including one where the standard of care includes providing assistance in death.
4) There are some discrepancies in the record of the deceased self report, which would likely exclude evidence.
a. No evidence of SI in some settings, while endorsement of SI in others.
b. Statements that she was in financial distress, followed by the purchase of a $900,000.00 house.