Category: Lawsuits

California’s assisted-dying loophole: Some doctors won’t help patients die

San Francisco Chronicle

Bob Egelko

Judy Dale died of cancer in her San Francisco home in September, in agony, after being denied the pain-relieving medication she might have received under the state’s aid-in-dying law that had taken effect three months earlier.

A lawsuit by her children will determine whether UCSF Medical Center, where Dale first went for treatment, was responsible for her suffering by allegedly concealing its oncologists’ decision not to provide life-ending drugs to patients who ask for them. More broadly, their suit illuminates the inner workings of a law that confers new rights on terminally ill patients, but few obligations on their health care providers.

The law allows a medically competent adult who has six months or less to live to ask a doctor to prescribe lethal medication. The patient, not the doctor, must be the one to administer the drug. Two doctors must agree on the terminal diagnosis, and the patient must make two requests, at least 15 days apart, before receiving the medication.

But doctors and hospitals are not required to take part in the process or to refer the patient to someone who will grant the request. Hospitals can prohibit their physicians from prescribing life-ending medication, something that medical centers affiliated with the Catholic Church and some secular hospitals have done. And a doctor who has decided not to prescribe the drugs is not required to disclose that fact until the patient asks for them. . . [Full text]

 

llinois Judge Suspends Abortion Notification Law

Measure forces pregnancy centers to promote abortion

Church Militant

Stephen Wynne

ROCKFORD, Ill. (ChurchMilitant.com) – In a setback for mandatory abortion referral laws, a federal judge is halting implementation of an Illinois notification measure.

U.S. District Court Judge Frederick Kapala has temporarily suspended enforcement of SB1564, a measure that compels pro-life pregnancy care centers and doctors to publicize abortion to their clients. In his ruling, Kapala warned that SB1564, an amendment to the Illinois Healthcare Right of Conscience Act, may threaten religious liberty and free speech rights.

SB1564 went into effect January 1. In response, the National Institute of Family and Life Advocates joined with 18 Illinois pregnancy care centers to challenge it in court. . . [Full text]

 

Ontario doctors fight law forcing them to help kill their patients

The Interim

Five doctors and three doctors’ groups were in an Ontario court June 13-15 arguing a policy from the College of Physicians and Surgeons of Ontario (CPSO) violates their Charter rights to freedom of conscience and religion. The CPSO forces doctors to refer patients for euthanasia and abortion, even when it violates their conscience or religion. Kathleen Wynne’s Liberal government intervened on behalf of the college.

The 2015 CPSO policy requires that doctors who object on religious or conscience grounds to providing certain procedures such as abortion and euthanasia must give patients seeking these practices an effective referral. This means directly handing over a patient to another colleague who will follow through with an abortion or euthanasia request. The doctors argue this implicates them in the immoral practices to which they object. . . . [Full text]

 

UCSF sued for refusing to help woman die

Daughters: Mother died “excruciating” death she didn’t want

The Mercury News

Tracy Seipel

In what may be the first-of-its-kind lawsuit related to California’s End of Life Option Act, the family of a San Francisco terminally ill cancer patient is suing the UC San Francisco Medical Center alleging that her physician and the system misrepresented that they would help the dying woman use California’s right-to-die law when her time came.

Instead, according to the July 7 civil lawsuit filed in San Francisco Superior Court, Judy Dale’s wish for a peaceful death was denied to her by the defendants’ “conscious choice to suppress and conceal” their decision that they would not participate in the law, despite Dale’s repeated indications to doctors and social workers that she intended to use its provisions. The suit also names the university’s Helen Diller Family Comprehensive Cancer Center, UCSF Health, a UCSF oncologist and the UC Board of Regents. . . [Full text]

 

Pro-life Doctor Challenging Illinois Law That Forces Docs to Counsel Patients on Abortion “Benefits”

New American

Raven Clabough

A pro-life doctor in Illinois is embroiled in a legal battle to challenge a 2016 law that requires all doctors, pharmacists, and pregnancy centers to assist women in obtaining abortions, regardless of whether the medical professionals are opposed to the procedure.

SB 1564 narrowly passed the Illinois House on party lines before being signed into law by Republican Governor Bruce Rauner. Under the law, which amends the state’s Health Care Right of Conscience Act, doctors are required to provide information to patients about the “benefits” of abortion. It indicates that medical personnel must “inform a patient of the patient’s condition, prognosis, legal treatment options, and risks and benefits of the treatment options in a timely manner consistent with current standards of medical practice.”

The law mandates that physicians who are unwilling to provide the requested service “because the healthcare service is contrary to the conscience of the healthcare facility, physician, or healthcare personnel” must refer the patient to someone who will.

But those opposed to abortion contend that asking them to refer patients to someone who will provide them abortion services continues to violate their consciences. . .  [Full text]