
For decades, scholars, supreme court justices, medical and mental health organizations, state and federal legislatures and governmental entities have pondered the complex issue of physician assisted suicide. This issue touches the very core of our existence. Life and death. That which we hold most dear.
And yet apparently, one person believes that she possesses a wisdom, insight and understanding far greater than the collective attributes of the aforementioned entities. One person who created a Protocol of Death. A protocol which much surely provide answers to the medical, moral, legal, philosophical and economic issues which have befuddled our greatest minds since time immemorial. Or not.
Gaudiani Creates the Protocol of Death
In February 2022, an article written by Dr. Jennifer Gaudiani (“Gaudiani”) was published. She had manufactured Physician Assisted Suicide for Severe and Enduring Anorexia. She called it, “Terminal Anorexia.” It can just as accurately be called, “The Protocol of Death.” This protocol is rather parochial. It consists of 4 parts:
- A diagnosis of anorexia nervosa.
- Age of 30 or older.
- Prior persistent engagement in high-quality, multidisciplinary eating disorder care.
- Consistent, clear expression by an individual who possesses decision-making capacity that they understand further treatment to be futile, they choose to stop trying to prolong their lives, and they accept that death will be the natural outcome.
That’s it. That is the Protocol of Death.
The Community’s Response
A number of academic articles were published which strongly refuted Gaudiani’s protocol. These articles were professional, thorough and scholarly. However, these articles did not address the reality that three souls were dead. A human toll was paid. And lives were relegated to mere words on paper.
From an academic perspective, these articles illuminate the following, EIGHTEEN (18) deficiencies in Gaudiani’s Protocol of Death:
- Gaudiani’s framework for “terminal” AN necessarily assumes personal privilege, discounts systemic oppression, and fails to consider the interaction between diagnoses and perceived hierarchies across the full spectrum of eating disorders (“EDs”);
- There are no generally accepted standards of care for treating eating disorders;
- The proposed requirement for age restriction over 30 raises several concerns. First, it would treat equally those with illness onset at 16 or 26 (or 36). If duration is relevant, those scenarios are clearly very different. Second, it cannot account for the myriad of different courses of illness, ability, and disability encountered among those with AN. Third, long-term follow-up data show that recovery from AN can occur after a long duration of illness and that this may happen for a substantial number of people;
- The industry lacks adequately powered research designs with meaningful follow-up periods—and the predictors identified from such studies requiring replication. For applicability to the care of those with longstanding AN, data on use as secondary treatments is essential to make rigorous decisions about futility of treatment;
- Two of the patients described by Gaudiani were offered her Protocol of Death without ever receiving adequate inpatient specialty care;
- Gaudiani did not account for the interplay between treatment access, systemic oppression, iatrogenic harm, and conceptualizations of futility;
- Inpatient, residential, partial hospitalization, and intensive outpatient programs for EDs in the United States are typically not individualized, are often administered within institutions controlled by private equity, and are beholden to insurance company’s interpretations of progress, which can impede an individual’s full potential for healing;
- While some therapeutic modalities utilized in ED treatment are evidence-based, there is a lack of comprehensive, impartial, and long-term research demonstrating the efficacy of the way these modalities are implemented in ED treatment settings;
- Little evidence exists regarding the effectiveness of higher levels of care for treating members of communities that are underrepresented in ED care and ED research;
- Bias in clinician training, lack of necessary competencies, distressing milieu dynamics, and one-size-fits-all treatment modalities can result in treatment that is intolerable which impedes the potential for meaningful healing;
- Individuals who have not previously had access to “good quality” treatment will be labeled as “terminal” and therefore be less able to access quality treatment in the future, as the terminal prognosis would be seen to render further treatment futile;
- An estimated 8 out of 10 or more individuals with EDs never receive care at any level so access to “a full course of treatment” is a privilege, not the norm;
- Those who do not have access to substantial wealth face barriers in accessing the range of ED care which is often medically indicated;
- ED diagnosis is typically delayed among people of color and there is a lack of culturally relevant ED care, as ED treatment settings are overwhelmingly white, both visually and culturally;
- Due to the complex entanglement of co-occurring disorders and EDs, other psychiatric disorders may interfere with remission of eating disorder symptomatology and negatively impact long-term healing if left untreated;
- Gaudiani is ultimately presenting a largely affective definition of terminality, rather than one that is medically substantiated, which serves to further stereotypes about individuals with AN and reaffirm a harmful hierarchy of Eds;
- Gaudiani failed to provide adequate evidence that individuals with: (A) (a diagnosis of AN) and (B) (age 30 or older) are more likely to die from their AN within 6 months of ceasing recovery-oriented behaviors;
- The claim that death will inevitably result within 6 months without active recovery work is unsubstantiated given that deaths from medical complications of AN may be abrupt and unpredictable, since some individuals live with AN for decades and many individuals recover well after ten years of illness.
To characterize Gaudiani’s Protocol of Death as a train wreck of Biblical proportions would be charitable.
Additional Issues of Concern
And yet, additional issues exist which raise greater concerns about Gaudiani and her Protocol of Death. In podcasts after publication, Gaudiani admitted the following:
“It’s not really mine to judge whether they wanted life enough or checked every single box perfectly because it isn’t a textbook, it’s a life. It’s a human who finds life intolerable and so my job then is not to be judge but rather I felt like I used every ounce of my expertise to try to make life sustainable for this human, I then accept their final determination they can no longer fight.”
“Physician assisted suicide, if it exists, is illegal everywhere and I would never in a million years take part in it. It is illegal. It is not a thing.”
“My physical exam skills are only ok. I’m not super great at knowing the literature.”
“With regard to decision making authority, as a non-psychiatrist, I don’t know all the details that go into that.”
Unreal.
Gaudiani is an internist who was rejected by 25 medical schools to which she applied. By her own admissions she; “is not super great at knowing the literature” and “with regard to decision making authority, as a non-psychiatrist, does not know all the details that go into that.” And yet, she created her Protocol of Death, a protocol that is designed to accomplish one thing and one thing alone … the taking of a human life.
That very same doctor, who in a correspondence sent to me through her then attorney stated, “Let me begin by saying that Dr. Gaudiani and I both understand the overwhelming and lasting grief you must feel from the loss of your daughter to anorexia nervosa.”
My response? No, doctor, you do not understand. Unless you have had a child taken you could not possibly understand. It is far beyond whatever vapid comprehension you may claim to have. It is beyond your worst nightmare. But the fact that your ego leads you to believe that you do understand gives insight into, not who but what, you truly are.
But there is even more.
Gaudiani’s three victims ‘coincidentally’ happened to fit all of the criteria for her Protocol of Death. Or did they?
Obviously, these three victims were former patients of Gaudiani. Three victims who presumably did not know each other. So, how could these three victims know about Gaudiani’s Protocol of Death since it was not published until after they died? Did each of them separately discover Gaudiani had created a Protocol of Death and that they coincidentally satisfied her criteria? In fact, based upon what Gaudiani stated in the podcast, “Death with Dignity,” two of the three victims died before she even wrote her article!
From the podcast, “Death with Dignity” we glean additional information. In that podcast, Gaudiani stated, “I think, I think … that based upon the two last patients I cared for in this situation, and you, I need to write a paper about this.”It is quite telling that Gaudiani did not state, “I need to contact the most respected, intelligent, experienced clinicians, psychiatrists and research professionals in the United States so that we may address this growing problem collaboratively.” Instead she stated, “I need to write a paper about this.”
Since logic dictates that victims numbered 1 and 2 died before Gaudiani even wrote her paper, what criteria, if any, did Gaudiani rely upon in helping victims 1 and 2 to their final “reward?” Or, did she make up criteria after the fact?
There are other troubling issues as well. Are we not justified in asking, how many other victims did Gaudiani induce to if nothing else, sign a Do Not Resuscitate document? How many others did she induce to go to hospice care? Are there any former patients/victims under the age of 30 years old whom Gaudiani recommended DNR or hospice?
Because … those people exist. Some have survived. And they no longer fear. They do not fear intimidation. They do not fear expected retaliation. They do not fear receiving a letter from an attorney employed by Gaudiani. They do not fear further abuse. They no longer fear you!
For it is their time now. And through various medical boards, state agencies, federal agencies and the legal system, their voices will be heard.
It is time for someone else to be afraid.
It is time for other people’s stories to be told.
And for the eating disorder and mental health community, the questions will be asked and you will be put on the spot … it is long past time for you to decide.
Do you stand with the living?
Or do you lie with the dead?
















