Medical Aid in Dying Litigation and Forensic Psychiatry
| Wrongful Death or Negligence Claims |
| Allegations that a healthcare provider failed to comply with the legal requirements or safeguards or that the patient’s decision was influenced by coercion or mental incapacity. A forensic mental health professional may be asked to assess the deceased’s mental state, decision-making capacity, and the circumstances leading to their choice. |
| Informed Consent Disputes |
| Disagreements regarding whether the patient was able to provide informed consent for MAID may call for a forensic mental health professional to evaluate the patient’s capacity to make an informed choice. |
| Coercion or Undue Influence Claims |
| In situations where there are allegations of coercion or undue influence, a forensic mental health professional may be asked to assess the patient’s vulnerability and the extent of external pressures, helping to determine the validity of these claims. |
| Compliance with Legal Safeguards |
| A forensic mental health professional may be called upon to evaluate whether healthcare providers or institutions followed the legal safeguards for MAID, ensuring that the process adhered to the law and ethical standards. |
| Wrongful Termination |
| In cases where clinicians face wrongful termination for their engagement in or avoidance of MAID, a forensic mental health professional may be called upon to assess the mental and emotional state of the terminated clinician and to determine whether the clinician’s mental health was affected by the termination. |
MAID, medical aid in dying.