A hospital in Peru refuses to comply with a court decision that since February granted her the right not to receive the medical treatment that keeps her alive artificially. María Teresa Benito Orihuela, 66 years old, suffers from advanced Amyotrophic Lateral Sclerosis. She has been on a mechanical ventilator for six years.
Twelve doctors from EsSalud, Peru’s public health insurer, refused to turn off devices citing “conscientious objection for religious reasons”. Given the doctors’ refusal, the Court gave a new deadline of 15 days for the determination to be fulfilled. In her decision, the judge says that if this does not happen, the hospital will be punished for contempt.
They presented a letter that has the same text. The patient’s lawyer said that the doctors’ response is “unusual” because Maria Benito’s case is different from that of Peruvian psychologist Ana Estrada, who died by euthanasia last Sunday (21). She had a degenerative disease since she was 12 years old.
Lawyer Josefina Miró Quesada said that her client’s case does not require “a protocol to comply with the court decision nor is there the possibility of criminal liability for the professional who accepts the procedure”.
“On Sunday, April 21, 2024, Ana Estrada exercised her fundamental right to a dignified death and agreed to her medical euthanasia procedure. Ana died on her own terms, in accordance with her idea of dignity and in full control of her autonomy until the end,” said his lawyer, Josefina Gayoso, in a statement.
According to Gayoso, the euthanasia was carried out in accordance with the “Dignified Death Plan and Protocol” applicable to Ana, approved by the Peruvian State Social Health Insurance. The method used to euthanize Ana was not disclosed.
Ana suffered from polymyositis, an incurable and degenerative disease that causes progressive muscle weakness. She used a wheelchair since she was 20 years old due to her illness, according to the Peruvian press.
“Ana became the face of this just cause that aims to defend dignity from beginning to end and the freedom to decide about our lives and our bodies. (…) Ana’s case allowed the Peruvian Justice to recognize, for the first time in its history, that we all have the right to die with dignity,” said Gayoso.
Ana Estrada asked to end her own life through euthanasia in February 2021. In the statement, her lawyer said that Ana “departed grateful to all the people who echoed her voice.”
Authorization by the Peruvian Supreme Court
The sentence was approved by four votes, and two magistrates were against it. It is the first time that the highest court in Peru has allowed euthanasia.
The court’s ruling says that “euthanasia should be understood as the action of a doctor to directly (orally or intravenously) provide a drug intended to end a person’s life.”
The Peruvian court ordered the Ministry of Health to respect its decision.
In January, Ana chose the doctor to perform her euthanasia after the protocol observations were resolved by social security.
“This is for me, exactly as I planned from day one (…). I knew this was a guarantee for my life. I needed this green light to live fully in this last stage, without pain, without anguish about the that will happen”, said Ana Estrada at the time.
Tags: Peruvian doctors comply courts decision turn life support woman degenerative disease World
