Thursday, February 13, 2014

Pennsylvania Court Dismisses Charges for Daughter/Nurse Charged with Assisted Suicide

In August, 2013, we reported on the case of Barbara Mancini, charged with unlawful assisted suicide under Pennsylvania law, for the death of her 93 year old father, on hospice.  Mancini, a nurse, was alleged to have provided her father with a fatal dose of morphine. When hospice employees learned the circumstances of the transmission, a report was made that resulted in emergency removal of the father to the hospital, where he died four days later, followed by the criminal charges against the daughter.  Pennsylvania's Attorney General took over prosecution of the case, after the local D.A. reported a conflict of interest. 

On February 11, a county Common Pleas Court judge issued a multi-page opinion, dismissing the case against Mancini.  News reports point out that the court order was issued on the one year anniversary of her father's death.  The parties had been under a gag order.  Mancini has begun speaking about the case following the court's ruling, with support from organizations such as Compassion & Choices

My Elder Law Prof colleague Becky Morgan posted earlier today, asking whether "aid in dying" is a trend. More evidence in Pennsylvania that the answer is "yes," although we have not yet seen major support for changes at the legislative level in Pennsylvania.

My own reaction is that on several key fronts, including same sex marriage equality and legalization of marijuana, social change advocates have discovered there is enormous potential in "states' rights" -- once more the fortress for conservatives who opposed social change -- to build support, state by state, and thereby achieve cutting edge law reforms. Social media play increasingly important roles in organizing support. Perhaps this can be seen as a  "Face Book" approach to building momentum for social change and law reform.

http://lawprofessors.typepad.com/elder_law/2014/02/pennsylvania-court-dismisses-charges-against-daughternurse-charged-with-assisted-suicide.html

Crimes, Ethical Issues, State Cases, State Statutes/Regulations | Permalink

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