Roger Kligler, a retired physician in Falmouth, Massachusetts, has lived with prostate cancer for nearly 16 years. As a physician himself, Roger has dealt firsthand with cancer his entire life, and knows exactly how devastating its various symptoms and treatments can be. In his own words, “three different cancer treatments have failed . . . [My wife Cathy and I] have had to reckon with the knowledge that from this point forward, any additional treatments will almost certainly be less effective and induce more of the painful and exhausting side effects that I have already withstood for so long.” Roger believes that he “should have the freedom to say how much suffering is too much during [his] final days,” so he decided to pursue just that.
On October 24, 2016, Roger Kligler and Alan Steinbach, M.D., Roger’s physician who would be willing to write a prescription for medical aid in dying but fears prosecution (“Plaintiffs”), filed a Complaint with the Superior Court of Suffolk County, Massachusetts, seeking a judicial declaration that medical aid in dying is not criminal in Massachusetts, and if it is prohibited under common law, the prosecution of any physician providing medical aid in dying should be found unconstitutional.
The Defendants filed Motions to Dismiss, which were subsequently denied by the court on May 31, 2017.
On November 6, 2018, we filed a Motion for Partial Summary Judgment, arguing that plaintiffs have standing to bring the lawsuit, terminal patients seeking access to medical aid in dying should not be treated differently from terminal patients who receive terminal sedation from their physicians, there is no threat of harm to third parties if medical aid in dying were allowed, and that Massachusetts’ free speech laws protect the right to discuss medical aid in dying.
We expect several motions to be filed in the next few months and once fully briefed, the matter will be heard before the court. At this time Roger has fortunately been responding well to treatment, but he still wants the option of medical aid in dying to be available if his condition should take a sudden turn for the worse.
Roger Kligler’s Op-Ed, “The Death I Want,” published in Boston Magazine, explains Kligler’s desire for medical aid in dying.