Two Months Until the California Right-to-Die Law Goes Into Effect

Posted on by liljegrenlaw

The “right to die” argument has been a subject of controversy for quite a long time, and California residents will soon see it passed into law. Starting this June, any California resident who is terminally ill will be legally permitted to end their own lives.

The legislation allows terminally ill patients in the state of California to medically end their own lives. Instead of suffering through an unwinnable battle with their illnesses, patients who meet certain criteria are prescribed a lethal dose of medication so they may end their life at a time of their choosing.

For many people suffering from incurable diseases, this is a much more agreeable option than prolonged pain. The right to die concept has met with opposition, mostly from religious groups who view suicide as immoral and those that propose the legislation may encourage premature suicides. Those that support the legislation argue it is morally wrong and cruel to expect terminally ill patients to suffer the effects of their condition until it kills them. Individuals should have the ability to choose how to manage their illness, and the right to die allows them to avoid unnecessary and prolonged pain.

The Criteria for the Right to Die

California’s End of Life Option Act allows individuals who have been diagnosed with a terminal illness to seek life-ending medication from their physicians if they’ve been given fewer than six months to live. The patient in question must visit his or her doctor on two separate occasions and submit one written and two oral requests at least 15 days apart. His or her condition must also be medically confirmed by a consulting specialist.

If the patients display any signs of cognitive impairment, their physicians must refer them to a mental health specialist to ensure they make the decision with a sound mind and that they’re fully informed of all treatment options and alternatives. The End of Life Option Act also includes strong protection for physicians and their patients.

The Story of Brittany Maynard

The right to die recently emerged as a hot topic in public debate after the circumstances surrounding the 2014 death of Brittany Maynard. Maynard was a California resident who was diagnosed with terminal brain cancer. She underwent treatments and brain surgery but was only given six months to live.

After outliving her doctor’s prognosis for life expectancy, Brittany moved to Oregon in order to die at a time of her choosing. California’s End of Life Option Act did not exist at the time, and Maynard did not want to prolong her suffering. Her story resounded throughout the country and gathered a great deal of public support. It also put pressure on state legislators to provide terminally ill citizens legal control over how they handle their illnesses.

Opposition to the Right to Die

Most of the opponents to the End of Life Option Act base their complaints on religious concerns. Suicide is forbidden in most religions, and California Catholic hospitals are permitted to prohibit their physicians from prescribing lethal medication to terminal patients. Some people suggest that life expectancy prognoses need to be fully vetted, as terminally ill patients commonly outlive their doctors’ expectations. They suggest that this law may encourage people to kill themselves prematurely and that some alternatives are preferable to suicide.

California Governor Jerry Brown provided a very personal statement about his decision to support the End of Life Option Act, noting he had consulted with physicians, friends, and a Catholic bishop. Governor Brown stated that if he were terminally ill and in excruciating pain, the options afforded by the new law would provide a measure of comfort, and he “wouldn’t deny that right to others.”