Retired Falmouth Doctor Sues State For Right To Die

FALMOUTH (CBS) -- Dr. Roger Kligler is 64-years-old, and he knows he doesn't have long to live.

The retired Falmouth physician was diagnosed with metastatic prostate cancer 14 years ago. He says he isn't sure how much longer he can survive, and wants to be able to end his suffering and his life when the time comes.

He's hoping he can die on his own terms--by means of a lethal dose of medication prescribed by his doctor.

"I'm preparing for my future," Dr. Kligler says. "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."

Dr. Kligler is suing the Massachusetts Attorney General and a District Attorney hoping a judge will rule that he can decide when he'll die.

"The legal system is very slow, and so we need to be able to have this question answered sooner rather than later," said Dr. Kligler.

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."

Efforts to legalize physician-assisted suicide in Massachusetts by legislation and ballot initiative have failed, including a ballot initiative in 2012. Kligler points to laws like those in Montana, that don't allow physician-assisted suicide, but don't prohibit it either. While Dr. Kligler said he's fighting for many across the state who get sick and want control over their own death, he hopes it will be an option for him when the time comes.

WBZ NewsRadio 1030's Mike Macklin reports