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 Superior Court Judge Mary Ames in Boston in a ruling last week
declined to dismiss the lawsuit by the doctors, one of whom is
suffering from cancer, who argued a cloud of uncertainty was
preventing physicians from providing such medications.
The doctors have proven there is a controversy regarding the law
that is worth the court's time to consider, Ames said in the
decision, noting that she had not yet made a determination on the
merits of their argument.
The lawsuit aims to include Massachusetts among states such as
Oregon, Washington, Vermont, California and Colorado and the
District of Columbia that allow physicians to provide aid in dying,
according to right-to-die advocates.
The Massachusetts ruling was in response to a lawsuit by Roger
Kligler, a retired doctor diagnosed with stage-four prostate cancer,
and Alan Steinbach, a physician who says he is willing to write
prescriptions for lethal medication but fears prosecution.
The lawsuit seeks a ruling holding that manslaughter charges cannot
be applied to physicians who write a prescription to terminally ill
competent adults who request medication that they could choose to
self-administer to aid in their death.
"We are pleased with the court's decision because it will allow our
clients to challenge the constitutionality of the law without having
to take actions that could risk prosecution by an aggressive
district attorney," said John Kappos, a lawyer for the plaintiffs,
said in a statement.
A spokeswoman for Massachusetts Attorney General Maura Healey, who
was named as a defendant along with the Cape and Islands County
district attorney and is defending the case, declined to comment.
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Healey's office had in court argued the court should defer to the
state legislature to decide the issue and ensure safeguards are
enacted to protect vulnerable patients and the integrity of the
medical community.
The lawsuit is being pursued by nonprofit right-to-die organization
Compassion & Choices.
The Massachusetts legislature has considered, but never enacted,
legislation to allow physicians to provide aid in dying. In 2012,
voters narrowly defeated a ballot initiative that would have
legalized the practice.
(Reporting by Nate Raymond; Editing by Scott Malone and Andrew Hay)
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