NDY quoted in article on New Mexico assisted suicide case
…ying was protected under the law providing for living wills.” More accurately and narrowly, the court held that the patient’s consent to assisted suicide would constitute a defense that a physician could raise if they were charged with homicide. (Baxter v.Montana at page 25 – available at the Court’s website.) A court or jury would still be able to consider all the facts and circumstances (e.g. misdiagnosis, malpractice) in deciding whether to acq…