Should Medically Assisted Death Be Legalized In Massachusetts? High Court Hears Doctor's Case

BOSTON (CBS/AP) — A retired doctor with terminal cancer is the focus of a case before Massachusetts' highest court over whether medically assisted death should be permitted in the state.

The state Supreme Judicial Court heard arguments Wednesday in an appeal brought by Dr. Roger Kligler, a 70-year-old Falmouth resident with stage four prostate cancer.

Lawyers for Kligler and his physician, Dr. Alan Steinbach, argue that prosecuting doctors who prescribe a lethal dose of medication to mentally competent, terminally ill adults is unconstitutional and violates fundamental rights.

But state Attorney General Maura Healey's office maintained that such doctors should face involuntary manslaughter charges under state law and that any changes to the statute should be left to the state Legislature.

The high court is expected to rule later on the case. Kligler and Steinbach originally sued the state in 2016.

"I'm preparing for my future," Kligler told WBZ at the time. "I love my life, I hope I never need to use aid in dying. But I've had patients who have been in similar situations. Some would ask what I can do to help end their suffering, so I know what's in the cards for me."

The goal, Kligler said, is to protect his family and doctors from prosecution should he use aid in dying.

"I have a disease that's going to take my life. I know that's going to happen, I don't have a choice. I don't want to die," he said. "I want them to give me a decision. I don't want my doctor, I don't want my family arrested and tried, even if they're found not guilty as has happened."

The state Superior Court in 2019 rejected Kligler's argument that people have a constitutional right to die, ruling in part that state lawmakers should decide the legality of the practice.

Ten states — California, Colorado, Hawaii, Maine, Montana, New Jersey, New Mexico, Oregon, Vermont, and Washington — and Washington, D.C. currently permit some form of medically assisted death.

Massachusetts voters in 2012 rejected a ballot question allowing terminally ill patients to receive a lethal dose of drugs, and state lawmakers have not passed proposals to legalize the practice in recent years.

(© Copyright 2022 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)