Still Illegal: Physician-Assisted Suicide in Georgia

In the United States, there are only a handful of states that have legalized physician-assisted suicide—Georgia is not one of them. Those states include California, Colorado, Montana, Oregon, Vermont, Washington and Washington D.C. And, many people facing terminal illnesses believe it is their individual right to die as they choose and when they choose to.

In 2014, Brittany Maynard—a 29-year-old woman diagnosed with terminal brain cancer—moved from California to Oregon to end her life. At the time, California had not yet legalized assisted suicides. The remaining states—Georgia included—have laws prohibiting physician-assisted suicide.

Georgia Laws on Assisted Suicide & Penalties

Under O.C.G.A. 16-5-5(3)(b), any person with actual knowledge that a person intends to commit suicide who knowingly and willingly assists such person in the commission of such person’s suicide shall be guilty of a felony. Upon conviction, the defendant shall be punished by imprisonment for not less than one nor more than ten years. Also, defined under Georgia law, “assists” means the act of physically helping or physically providing the means. “Suicide” means the intentional and willful termination of one’s own life. Therefore, in an assisted suicide case, the State must prove that the defendant knowingly and willfully aided a person in their suicide beyond a reasonable doubt.

Moreover, the provisions of this code do not apply to—pursuant to a patient’s consent—any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient’s pain or discomfort but are not calculated or intended to cause such patient’s death, even if the mediation or medical procedure may have the effect of hastening or increasing the risk of death. Or, pursuant to a patient’s consent, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment or hydration. This particular section of the Georgia statute concerns a patient’s consent to move forward with medical treatment or to refuse medical treatment. Thus, although a patient may consent to assisted suicide, it is still illegal for a person to knowingly and willingly assist anyone with committing suicide.

Also, under the statute, if a healthcare provider is convicted of violating Georgia’s assisted suicide laws, the provider has to notify in writing the applicable licensing board for his or her licensure/certification within ten days of being convicted. O.C.G.A. 16-5-5(c)(1), (2), (d).

Defenses Against a Charge of Assisted Suicide

If you have been charged with assisted suicide and depending on the circumstances of your case, there may be some applicable defenses that an experienced criminal defense attorney could argue on your behalf. For example, if you are a healthcare worker or care giver charged with assisted suicide, you could argue that the victim consented to take specific medications or undergo a medical procedure that the victim knew would increase their chances of death. However, the reason for the medication/medical procedure must have been administered to relieve the patient’s pain and not to cause the patient’s death.

On the other hand and another defense for a healthcare worker or care giver would be to present evidence showing that the patient refused to continue treatment, take prescribed medication, undergo a necessary medical procedure and/or stopped eating or drinking. If proven, a person cannot be charged with assisted suicide.

Another defense in an assisted suicide case is to simply prove that the defendant did not knowingly and willfully assist the deceased with their suicide.

Contact Bixon Law

Assisted suicide is a serious offense that can not only land you in prison, but also destroy your career and reputation if you work in the healthcare industry. Here at Bixon Law, we will evaluate your case and work hard to get you the best possible outcome. We are experienced criminal defense attorneys and we care about our clients and their futures. If you or a loved one has been charged with assisted suicide, please call us at 404-551-5684 for a free consultation today.