Article on Physician Assisted Suicide in Massachusetts

Stephen J. Orlando (J.D. Candidate 2013, Suffolk University Law School) recently published an article entitled, The Doctor Will See You For The Last Time Now: Physician-Assisted Suicide In Massachusetts, 46 Suffolk U.L. Rev. 243 (2013). Provided below is the introduction to his article:

Under early common law,many states punished assisted suicide as murder. In 1994, however, the Supreme Court of Michigan drew alegal distinction between the concepts of murder and assisted suicide. Despite this distinction, forty-seven states stillprohibit physicians from assisting in a patient’s death. The justifications for this restriction include avoidingthe possibility of abuse, preventing the risk of a slippery slope toinvoluntary euthanasia, or preserving the integrity of the medical profession. The three states that allow the practice viewphysician-assisted suicide (P.A.S.) as a means of promoting patient autonomyand providing a merciful end-of-life option for terminally ill patients.

Presently, Massachusetts is in line with the majority of states inprohibiting P.A.S. In September 2011, Attorney General Martha Coakleycertified an initiative petition to legalize physician-assisted suicide. The bill, known as the Massachusetts Death with Dignity Act (DWDA), would have allowed terminally illpatients to request and receive lethal dosages of medication to end their ownlives. Voters narrowly rejected the bill during the 2012 generalelection.

This Note will focus on the effects that a bill like the proposed DWDAmight have on patient care in Massachusetts. Specifically, this Note focuses on the effect of legalizedphysician-assisted suicide on patient autonomy, elder care, and the dignity ofthe medical profession. This Note also discusses the potential future ofend-of-life care, including active euthanasia and the availability ofphysician-assisted suicide to minors.