December 1, 2012
Bradley Williams is correct that assisted-suicide is not legal in Montana. (Legalization could lead to abuse). The Montana Supreme Court's assisted-suicide case, Baxter v. State, limited its holding to giving doctors who assist a suicide a potential defense if those doctors are charged with homicide for the death of their patients. There are several steps that the doctor must demonstrate to perfect the defense.
Baxter did not invalidate our homicide statutes. Baxter did not overrule our case law allowing family members to sue an attending physician for negligence, malpractice, or wrongful death.
As an attorney in private practice, I did my share of wills, probates and estates. I observed that some heirs did not care as much for the elderly as they did for the elderly person's assets.
With the legalization of assisted-suicide, heirs would be encouraged to suggest, cajole or coerce older people to kill themselves, i.e., before such persons are able to change their wills, give their money to charity or simply spend it, perhaps on medical care. Legal assisted suicide is a recipe for elder abuse.
Senate District 45
Hamilton Theater Protest
- Judge Hears Assisted Suicide Arguments
- MAAS Wins First Round in Board Lawsuit!
- Contact us
- SB 202 Dead!
- Beware of Vultures
- Montana Lawyer Article
- Baxter Case Analysis
- A Short History of Assisted Suicide in Montana
- Laws Against Assisted Suicide are Constitutional
- The Oregon Studies are Invalid
- Charlton Letter to Physicians
- About Us
- Quick Facts About Assisted Suicide
- MAAS lawsuit will keep assisted suicide illegal
- What People Mean When They Say They Want to Die
- MAAS appeals Medical Examiner Board Lawsuit
- Compassion & Choices is the Hemlock Society
- A Message to our Supporters
- Bradley Williams Takes on Compassion & Choices
- Increased Reports of Involuntary Deaths
- Rapist charged with "aiding or soliciting suicide"
- Hamilton Theater Protest
- The "Oregon Experience" includes Murder-Suicide