Helena, Mont., Jan 4, 2010 / 12:56 pm
In its final decision of 2009, the Supreme Court of Montana denied victory to pro-euthanasia group “Compassion & Choices” on its quest for a right to “aid in dying” based on the Montana State Constitution.
In a split decision issued on December 31, the Supreme Court rejected the existence of a right to physician-assisted suicide and focused on issues of statutory construction to determine that Montana state law has no public policy against “aid in dying” because the final death causing act lies in the patient's hands, explained the Euthanasia Prevention Coalition.
In reaction, the EPC said in their statement that “the bright spot in the decision is that it does not give physicians the ‘right’ to prescribe a lethal dose, but only suggests that circumstances may exist to give them a defense to prosecution for homicide.”
Nevertheless, according to EPC, the decision “ignores the practical realities of ensuring patient safety from over-eager heirs, new ‘best friends’ and others who might benefit from the patient's death. For example, physicians who malpractice and who want to hide their mistakes can now say: ‘It was what the patient wanted.’ The evidence against the physician dies with the patient. If the patient has no family or other advocate, who will know?”