The family of a 52-year-old man who died by MAID while on a day pass from a psychiatric hospital is suing the doctor involved and challenging the legal framework surrounding the procedure.
The family of a 52-year-old man who received medical assistance in dying (MAID) while on a day pass from a Vancouver psychiatric hospital has launched a constitutional challenge to the procedure's legal framework. The notice of civil claim filed Friday at the B.C. Supreme Court says the businessman and father of three, who suffered chronic back pain and long-term mental illness, suffered wrongful death in December 2022. It accuses Dr.
Ellen Wiebe and her clinic of malpractice, though none of the allegations have been proven in court. Another patient of Wiebe's clinic was the subject of an urgent injunction less than two months ago, when a B.C. judge halted an Alberta woman's medically assisted death, the day before Wiebe was scheduled to perform the procedure in Vancouver. Friday's notice of claim, which only identifies the man by initials, says that while MAID's framework excludes people solely suffering from mental illnesses, it does not supply similar safeguards for those with 'concurrent mental and physical illnesses,' heightening risks of premature death. The family is seeking damages for alleged wrongful death as well as a declaration that the man's Charter rights were breached and that the MAID framework is invalid and unconstitutional. Wiebe did not immediately respond to a request for comment. The lawsuit says the man was formally diagnosed with bipolar disorder in 2013. It said he was also suffering chronic back pain, but this injury was neither grievous nor incurable enough to make him eligible for MAID. The notice says he sought and received approval for MAID — though it did not include a date. But the notice says he then decided to pursue treatment and rehabilitation instead. Applicants whose sole medical condition is mental illness will remain ineligible under MAID until at least March 2027. The man's family obtained a court order under the Mental Health Act to commit him to a psychiatric ward at St. Paul's Hospital, the lawsuit says
MEDICAL ASSISTANCE IN DYING CONSTITUTIONAL CHALLENGE MENTAL ILLNESS WRONGFUL DEATH CHARTER RIGHTS
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