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Health See other Health Articles Title: Montana Becomes Third State to Legalize Doctor-Assisted Suicide Montana Becomes Third State to Legalize Doctor-Assisted Suicide By Joel Rosenblatt Jan. 1 (Bloomberg) -- Physician-assisted suicide is legal in Montana, and doctors who help terminally ill patients die are shielded from prosecution, the state Supreme Court ruled. Montana is the third state, after Oregon and Washington, to allow physicians to help such patients end their lives, and yesterday’s decision is the first from a U.S. state high court to protect the choice, said Steve Hopcraft, a spokesman for Compassion and Choices, a group that advocates the practice. A lower court in Montana ruled in 2008 that the state’s constitutional privacy and human dignity rights allow a terminally ill patient to “die with dignity.” The court ruled patients may use a doctor’s prescription, and that the physician is protected from prosecution under Montana’s homicide laws. Montana appealed that ruling to the state’s high court. “We find nothing in Montana Supreme Court precedent or Montana statutes indicating that physician aid in dying is against public policy,” the high court said in its opinion. Montana law “explicitly shields physicians from liability for acting in accordance with a patient’s end-of life wishes, even if the physician must actively pull the plug on a patient’s ventilator or withhold treatment that will keep him alive,” according to the ruling. The case was filed by Robert Baxter, a retired truck driver from Billings who was terminally ill with leukemia, according to court filings. Baxter sought a lethal dose of medication prescribed by his doctors, who also joined Baxter in the case challenging whether they could be prosecuted under Montana law for helping mentally competent, terminally ill patients to die. Baxter died before yesterday’s decision, according to a statement from Denver-based Compassion and Choices. ‘Additional Options’ With yesterday’s ruling, “terminally ill Montanans can work with their doctor and have additional options at the end of life,” Hopcraft said in an interview. A representative for Nightingale Alliance, a Wisconsin- based group that opposes assisted suicide, didn’t immediately return an e-mail message seeking comment. Judy Beck, a spokeswoman for Montana Attorney General Steve Bullock, didn’t immediately return a call seeking comment. The case is Baxter v. Montana, 09-0051, Supreme Court of Montana (Helena). --Editors: Charles Carter, Peter Blumberg To contact the reporter on this story: Joel Rosenblatt in San Francisco at +1-415-617-7129 or jrosenblatt@bloomberg.net To contact the editor responsible for this story: David E. Rovella at +1-212-617-1092 or drovella@bloomberg.net. -0- Jan/01/2010 05:01 GMT
Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 17.
#12. To: abraxas (#0)
Put me down as a supporter of being allowed to ease out of a lousy, personal health situation. The state should have no say in the matter, as long as it's my decision.
So you don't see it as a slippery slope where the right to die becomes the duty to die for the state. Obama supports assisted suicide. So you have something in common with the Kenyan.
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