Montana News

Montana organization questions legality of physician assisted suicide

Posted: Apr 9, 2010 6:36 PM by David Jay
Updated: Apr 9, 2010 6:36 PM

LAUREL - The Montana Family Foundation based in Laurel says a Montana Supreme Court decision last year did not legalize physician assisted suicide. The foundation also says doctors still may be charged for homicide, according to Montana statutes.
The foundation hired two attorneys to analyze the decision.
Defense attorney Greg Jackson of Montana and Matt Bowman with the Alliance Defense Fund in Washington, DC analyzed the Supreme court ruling in Baxter v. State of Montana.
"The purpose of the analysis is to place the decision in perspective, and to dispel much of the misinformation surrounding the issue," said Jeff Laszloffy, president of the Montana Family Foundation.
"Contrary to recent headlines, the Supreme Court did not legalize physician assisted suicide. Medical personnel and institutions must understand that if they participate in assisted suicide they expose themselves to potential civil and criminal liability, and may even be charged with homicide."
"The obvious objective of the analysis is to create fear among physicians," said Kathryn Tucker, director of legal affairs for Compassion & Choices. " This is shameful. It may prevent suffering dying Montanans from having this compassionate option."
The Montana Family Foundation and Compassion and Choices agree the Montana Supreme Court decision limits physician assisted suicide.
They disagree on whether or not a doctor can be charged with homicide.
"Within a very narrow set of constraints, if a doctor assists on physician assisted suicide and they're brought up on a murder charge, they might be able to make the claim of consent," Laszloffy said."But if it falls anywhere outside that narrow set of parameters, it quickly goes over to a murder charge."
"There is a safe harbor created for physicians who prescribe medications to a mentally competent, terminally ill patient, which the patient can consumer to bring about a peaceful death," Tucker said. "And a physician operating within those boundaries has no need to fear criminal prosecution."
Laszloffy says the Supreme Court left some issues for the state legislature.
Tucker says the decision is clear.
Montana is the third state to allow physician-assisted suicide along with Washington and Oregon.

Topics: Physician assisted suicide, Montana Family Foundation, Jeff Laszloffy, Compassion & Choices, Kathryn Tucker