At a Glance:

On October 24, 2016, Compassion & Choices filed a case in Massachusetts state court on behalf of Dr. Roger Kligler and Dr. Alan Steinbach (Kligler, et al. v. Healey, et al.), seeking a judicial declaration that medical aid in dying is not criminal in Massachusetts because there is no criminal statute barring the practice. Additionally, Compassion & Choices argued that if it is prohibited under common law, the prosecution of any physician providing medical aid in dying should be found unconstitutional. Dr. Kligler is a Massachusetts physician who is battling stage IV cancer. Such a declaration would allow Dr. Kligler and other terminally ill patients to end their suffering on their terms.

In the initial ruling, Compassion & Choices prevailed on its free speech claim that physicians can provide information about medical aid in dying to their patients, but lost on the other five counts. After appealing the case and fully briefing the court, the matter went directly to the Massachusetts Supreme Judicial Court on October 21, 2021 and oral arguments were heard on March 9, 2022. After oral arguments, the Court requested additional briefing on whether the United States Supreme Court’s recent decision in Dobbs v. Jackson, the case holding that there is no constitutional right to an abortion, has any impact on the the issues in the case. Briefing on Dobbs was submitted on August 29, 2022. Compassion & Choices is currently awaiting a decision.

 

The Details:

Dr. Roger Kligler smiles from his hospital bed

Roger Kligler, a retired physician in Falmouth, Massachusetts, has lived with prostate cancer for two decades. As a physician himself, Roger has dealt firsthand with cancer his entire professional life. Although his current cancer treatments have been working, he knows exactly how devastating its various symptoms and treatments can be. 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., a physician who would be willing to write prescriptions for medical aid in dying but fears prosecution (“Plaintiffs”), filed a Complaint with the Superior Court of Suffolk County, Massachusetts. The Complaint sought 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.

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.

On March 26, 2019, the court heard oral arguments. On December 31, 2019, the court dismissed the case. The court did rule in our favor in one of the six counts in the lawsuit: physicians are free to advise terminally ill patients about this end-of-life care option to peacefully end unbearable suffering.

In affirming the plaintiff’s right to counsel terminally ill patients about the full range of end-of-life care options, Suffolk County Superior Court Judge Mary K. Ames concluded: 

“…the plaintiffs are correct that the law of involuntary manslaughter does not prohibit such provision of information and advice … where MAID [medical aid in dying] is legal … In concluding that MAID is not authorized under Massachusetts law, the court notes that there appears to be a broad consensus that this issue is best not addressed by the judiciary” (see pages 11, 23 of ruling posted here). For more information about the ruling, please see the press release here.

Compassion & Choices appealed the court’s dismissal on all other counts in May of 2021. After the parties briefed the appellate court, the matter was sent directly to the Massachusetts Supreme Judicial Court on October 21, 2021; oral arguments were heard on March 9, 2022. After oral arguments, the Court requested additional briefing on whether the United States Supreme Court’s recent decision in Dobbs v. Jackson, the case holding that there is no constitutional right to an abortion, has any impact on the the issues in the case. Briefing on Dobbs was submitted on August 29, 2022. Compassion & Choices is currently awaiting a decision.

As we await a decision on the appeal, Compassion & Choices continues to work to ensure all individuals have access to the care they want at the end of life.

Roger Kligler’s Op-Ed, “The Death I Want,” published in Boston Magazine, explains Kligler’s desire for medical aid in dying.

 

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