January 15, 2020

Massachusetts Superior Court Rules Against Assisted Suicide

A Massachusetts superior court released its decision Friday that assisted suicide, “is not authorized under Massachusetts law.”

Near the end of its 24-page decision, the court listed several reasons why it believed assisted suicide should not be legalized in the state of Massachusetts.

"First, the Legislature could rationally conclude that difficulty in determining and ensuring that a patient is “mentally competent” warrants the continued prohibition of MAID [Medical Assistance in Dying]."

"Second, the Legislature could rationally conclude that predicting when a patient has six months to live is too difficult and risky for purposes of MAID, given that it involves the irreversible use of a lethal prescription."

"Third, the Legislature could rationally conclude that a general medical standard of care is not sufficient for those seeking MAID [citing testimony that assisted suicide is not a medical treatment or procedure]."

"Finally the Commonwealth produced expert testimony that the permissible end-of-life alternatives potentially involve far less risk than MAID because they occur in hospitals or other institutions devoted to medical treatment and involve numerous physicians and staff personnel… MAID, on the other hand, potentially takes place in an uncontrolled environment, without assurance that the patient will administer the medication when close to death and without physician oversight."

These reasons largely build on the fact that legal assisted suicide laws can easily lead to unnecessary death, especially when patients are able to access assisted suicide drugs for use outside of medical facilities.

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