toucanbuzz
No rule is inviolate
I'm not sure Death Points serve much of a purpose...
If the third DP allowed you to make an awesome berserking final strike or something, then I could see a reason for it.
They're purely for whack-a-mole and to create a risk or disincentive for choosing staggered over unconscious. I originally had the 2nd death point leaving a DMG "Lingering Injury" to further elevate the risk. In the middle of battle, a potion or healing spell easily puts a staggered character back in action, and Death Points can quickly build up in that event.
Of course, looking at the design, Unconscious has little disincentive, hence the thought of at least 1 Vitality damage taken.
On the 3rd death point, yeah, no one would ever choose it. That would be an interesting take, though, to allow the PC to do one final heroic thing then die. To avoid abuse, it might have to be simple, like Inspiration to an ally, lasting for one round or until used. I wouldn't want to impact Action Economy too much.
The other thing is that (I suspect) that this will be an option that is rarely utilized at higher levels... It just seems odd to me that high level characters (who if anything ought to be more heroic than their low level counterparts) are less incentivized to choose staggered over unconscious.
At high levels I think we'll see use because the variety of options for Actions increases exponentially relative to starter characters who may have only 1 or two things they realistically can do, but remains for playtesting. Being at death's door in prior editions, 0hp and below, meant you're 1, maybe 2, hits away from death. This keeps it the same. But, will have to see.