The End of Life Option Act authorizes a terminally ill patient with the capacity to make medical decisions to request a prescription for a lethal dose of drugs, insulates a prescribing physician from criminal liability, and sets forth rigorous procedures and safeguards to protect against abuse. (Assem. Bill No. 15 (2015-2016 2d Ex. Sess.) Sec. 1 (Assembly Bill 15).)
“The Act allows an individual who has complied with all of its requirements to obtain and to use an ‘aid-in-dying drug.’” (People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 490 citing Health & Saf. Code, Sec. 443.1(b).) “‘Aid-in-dying drug’ is defined, in part, as a drug that may be ‘self-administer[ed] to bring about... death....’” (Id.)
Health & Safety Code 443.2 provides that “An adult with the capacity to make medical decisions and with a terminal disease may request to receive a prescription for an aid-in-dying drug if the following conditions are satisfied:
(People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 490.)
“Actions taken in accordance with (the Act) shall not, for any purposes, constitute suicide..., homicide, or elder abuse under the law.” (Health & Saf. Code, Sec. 443.18; see also Health & Saf. Code, Sec. 443.14(d)(2).)
“A physician who participates in the process prescribed by the Act is immune from virtually all adverse legal consequences.” (People ex rel. Becerra, supra, 29 Cal.App.5th 491 citing Health & Saf. Code, Secs. 443.1(h), 443.14(c).)
“On the other hand, a physician is equally immune from ‘refusing to participate in activities authorized under this part, including, but not limited to, refusing to inform a patient regarding his or her rights under this part, and not referring an individual to a physician who participates in activities authorized under this part.’” (People ex rel. Becerra, supra, 29 Cal.App.5th 491 citing Health & Saf. Code, Secs. 443.14(e)(2), 443.1(h).)
Plaintiffs Notice Of Motion And Motion For Preliminary Injunction Set for hearing on Friday, August 14, 2015, Line 10, PLAINTIFF ROBERT BRODY, MARC CONANT, DONALD ABRAMS, ROBERT LINER, DANIEL SWANGARD, CHRISTIE WHITE, ANGELICA BLOOMQUIST'S Motion For Preliminary Injunction. DENIED. Plaintiffs seek a preliminary injunction which "recognizes" that Penal Code section 401 does not apply to aid i...
..federal doctrine of justiciability does not apply in state courts, White v. Davis (1975) 13 Cal.3d 757, 762, Bartling is apposite and establishes that plantiffs claim is nonjusticiable. Furthermore, even though state courts are not bound by Article III of the United States Constitution, Asarco Inc. v. Kadish (1989) 490 U.S. 605, 610, the California Supreme Court upholds the "majority rule deprivi...
Aug 14, 2015
San Francisco County, CA
Motion: Death with Dignity. Moving Party Plaintiff Kevin Joseph Cruz. Responding Party Defendant California State Department of Labor. Opposition None. Ruling: The Motion for Death with Dignity is DENIED. Health & Safety Code 443.2 provides that “An adult with the capacity to make medical decisions and with a terminal disease may request to receive a prescription for an aid-in-dying drug if the fo...
..be denied. The statute does not appear to involve the court. Plaintiff failed to serve this motion....
Nov 06, 2017
Orange County, CA
Patricia Melton v. Cha Health Systems, Inc. dba Hollywood Presbyterian Medical Center, et al.DEMURRER TO FIRST AMENDED COMPLAINT AND MOTION TO STRIKE PORTIONS THEREOFMOVING PARTY: Defendants Cha Hollywood Medical Center, L.P. and Cha Health Systems, Inc.RESPONDING PARTY(S): Plaintiff Patricia MeltonSTATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:Plaintiff alleges that Defendants refused to end life...
..e portions thereof.TENTATIVE RULING:Defendants Cha Hollywood Medical Center, L.P. and Cha Health Systems, Inc.’s demurrer to the first amended complaint is SUSTAINED without leave to amen...
Apr 12, 2017
Los Angeles County, CA
The Demurrer (ROA # 75, 76, 79) of Defendants The Regents of the University of California; Scott E. Olson, M.D.; Arthur M. Lam, M.D., Joel Roger Martin, M.D., Andrew Nguyen, M.D., Jeffrey Alan Steinberg, M.D., David Rafael Santiago-Dieppa, M.D., Brian Paul Lemkuil, M.D., Anushivran Minokadeh, M.D., Rebecca Dodd-Sullivan, R.N., Navaz Percy Karanjia, M.D., Jennifer Stowe Kim, MSN, Christopher Witt,...
..n part and OVERRULED in part.The Demurrer is SUSTAINED to Plaintiffs Deborah Johnson and Danni Gonzales. The Demurrer is OVERRULED to Plaintiff Sean Barrett.Defendant is ordered to file and serve Defendant's Answer within twenty (20) days of this ruling. This ruling is based on the analysis set...
Mar 05, 2020
Personal Injury/ Tort
San Diego County, CA
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