Family sues after man allegedly got medically assisted death during day pass from hospital

The tragic case of a 52-year-old man known as JMM has sparked a lawsuit against the federal and provincial governments in British Columbia. JMM, who suffered from bipolar disorder and chronic back pain, allegedly used a day pass from the hospital to end his life with medical assistance. His family claims that he fell into a group of vulnerable people who are at risk under Canada’s medical assistance in dying (MAiD) framework.

According to the lawsuit filed in B.C. Supreme Court, JMM had initially received approval for medical assistance in dying, but later expressed a desire to pursue other treatments, including rehabilitation. Despite this, while receiving treatment at St. Paul’s Hospital, he left the hospital on a day pass, visited a clinic, and died through the improper administration of MAiD.

The family of JMM, including his children, former spouse, and father, are seeking to keep their names anonymous and to seal any documents filed in the case. They argue that the MAiD framework excludes people whose sole issue is mental illness from accessing medical assistance in dying, but that safeguard falls away when a person also has a physical illness. This, they claim, exposes vulnerable individuals like JMM to a heightened risk of premature death facilitated by the state and discriminates against them by denying equal protection under the law.

The lawsuit further alleges that JMM was wrongfully approved for MAiD, despite not meeting the statutory eligibility criteria due to factors such as external financial pressures and a lack of capacity to give informed consent. His family claims they raised concerns about his mental health and capacity, but received no response from the parties they are now suing. Although JMM’s treating physicians opined that he should not receive MAiD due to his mental illness impairing his capacity to consent, he was allowed to leave the hospital and undergo the procedure, resulting in his death.

This case highlights the complex intersection of physical and mental illness in the context of medical assistance in dying. It raises questions about the safeguards in place to protect vulnerable individuals and ensure that their decisions are truly voluntary and informed. The lawsuit seeks damages for wrongful death and a declaration of breach of JMM’s rights under the Charter of Rights and Freedoms.

The issues raised in JMM’s case echo concerns raised in a similar case involving a 53-year-old Alberta woman known as NB, who was also diagnosed with bipolar disorder and sought medical assistance in dying. The legal battles surrounding these cases underscore the need for careful consideration and oversight in the MAiD process to safeguard the rights and well-being of individuals facing complex health challenges.

As the legal proceedings unfold, the families of JMM and NB are advocating for greater transparency, accountability, and protection for vulnerable individuals navigating the complex terrain of medical assistance in dying. The outcome of these cases will have far-reaching implications for the future of MAiD in Canada and the rights of individuals with concurrent physical and mental illnesses.