



Superior Court Judge Mary Ames in Boston will allow a lawsuit brought by two Massachusetts doctors seeking to allow colleagues to provide lethal medications to terminally ill patients.



Ames declined to dismiss the suit last week, according to Compassion & Choices, which filed the lawsuit on behalf of the plaintiffs.



The pair seek "a legal declaration that medical aid in dying is not a crime in Massachusetts since there is no state law that specifically prohibits this medical practice," a Compassion & Choices press release states.

The lawsuit says state law on the matter falls short of clarity and requests an official order ensuring Massachusetts' murder and manslaughter laws won't apply to physicians who choose to assist certain patients in death.



One of the doctors bringing the lawsuit, Roger Kligler, is suffering stage-four prostate cancer, and wants to use his illness to establish a lasting precedent in Massachusetts.



The other doctor on the lawsuit, Alan Steinbach, says he would willingly provide Kligler the drugs to end his life but fears prosecution.



"We are pleased with the court's decision because it will allow our clients to challenge the constitutionality of the law without having to take actions that could risk prosecution by an aggressive district attorney," John Kappos, a lawyer for the plaintiffs, said in a statement.





"My wife Cathy and I are elated with this initial ruling in my favor," Kligler, who attended the hearing with his wife, Cathy, said. "As a physician who has treated numerous terminally ill adults, I know medical aid in dying provides peace of mind for many dying patients. I do not know if I would use this option, but I want it for myself if my suffering becomes intolerable at the end of my life."



Massachusetts Attorney General Maura Healey's office could decide the matter but has said in court it would prefer to defer to the state Legislature.



Oregon, Washington, Vermont, California and Colorado and the District of Columbia have already passed right-to-die protections.