Doctor’s 18-year sentence for killing ALS patient with consent was upheld

OSAKA (Kyodo) — The Osaka High Court on Monday upheld a lower court decision that sentenced a doctor to 18 years in prison for the consensual murder of a woman with amyotrophic lateral sclerosis, a rare neurological disease also known as Lou Gehrig’s disease. 2019 in western Japan.

The defense of 46-year-old Yoshikazu Okubo argued that finding him guilty of murder would violate the Constitution’s right to self-determination. However, the Supreme Court rejected the objection, stating that the Constitution provides for the right to life, but does not recognize “the right to seek help from others to end one’s life”.

Okubo was found guilty by the Kyoto District Court in March of administering a lethal dose of sedatives to 51-year-old Yuri Hayashi at his request at his Kyoto apartment on November 30, 2019. ALS is a progressive neurological condition for which there is currently no cure or cure.

In the ruling, Chief Judge Hidenori Nagai emphasized Okubo’s disregard for life and stated that a prison sentence was inevitable based on the fact that he acted after only a 15-minute meeting with Hayashi without conducting a medical examination or confirming his intentions.

According to the verdict, Okubo conspired with former doctor Naoki Yamamoto, 47, to administer a lethal dose of medication to Hayashi, who was later hospitalized before he died. Yamamoto was also sentenced to prison and is appealing.

Euthanasia is not legally recognized in Japan.

Okubo was also convicted of conspiring with Yamamoto to kill Yamamoto’s 77-year-old father, Yasushi, in 2011.