It permits a case to be brought promptly before a judge who can directly order the would-be assister not to violate the law. That person then knows that if he or she violates the court order, the judge will order heavy fines for contempt of court. For most doctors, in particular, this is likely to be a far more realistic deterrent than the unlikely prospect of serving time in jail. As the doctors' fear of malpractice liability demonstrates, sanctions that hit the pocketbook are extremely effective. They can be enforced through the garnishment of income and the seizure of assets.
Civil damages are monies awarded after the fact, as in traditional malpractice cases.
Insurers are likely to exercise strong pressure on doctors to avoid actions that could subject them to such suits. Kevorkian, who apparently enjoys posing as an iconoclastic martyr for the death crusade, might shrug off bankruptcy. It is these whom civil remedies would be likely to deter. If the legislation provides that relatives may bring suit for civil damages even if they consented to the killing, those who assist in a suicide will know they cannot ensure a cover-up even by involving family members in the conspiracy, since those who know will not be prevented from suing and will have a strong financial incentive to do so. Civil remedies have another advantage from the perspective of taxpayers.