Satz v. Perlmutter, 55178
| Citation | 379 So.2d 359 |
| Decision Date | 17 January 1980 |
| Docket Number | No. 55178,55178 |
| Parties | Michael J. SATZ, etc., Petitioner, v. Abe PERLMUTTER, Respondent. |
| Court | United States State Supreme Court of Florida |
Jim Smith, Atty. Gen., and Charles W. Musgrove, Asst. Atty. Gen., West Palm
Beach, and Patti Englander, Asst. States Atty., Fort Lauderdale, for petitioner.
David A. Hoines, Anthony N. Brimo, Jr., Fort Lauderdale, Walter G. Campbell, Jr., and Richard A. Barnett of Krupnick & Campbell, Fort Lauderdale, for respondent.
This case is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, reported at 362 So.2d 160. Because the decision of the district court directly affects the rights and duties of a class of constitutional officers state attorneys we have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. See Spradley v. State, 293 So.2d 697 (Fla.1974); Taylor v. Tampa Electric Co., 356 So.2d 260 (Fla.1978).
The question presented is whether a competent adult patient, with no minor dependents, suffering from a terminal illness has the constitutional right to refuse or discontinue extraordinary medical treatment where all affected family members consent. For the reasons expressed and based on the authorities cited by the trial court and the district court of appeal below, we answer the question in the affirmative and thereby approve the decision of the district court of appeal. Because of the clarity of reasoning and articulation of the applicable principles of law contained therein, little could be added by our reformulation of the matters set forth in the opinion below. Accordingly, we adopt the opinion of the district court as our own with the caveat that the reach of this decision does not extend beyond the particular facts presented in the case before us.
Ordinarily, this would end the matter. However, because of certain policy positions urged upon this Court by the respective parties, we deem it appropriate to clarify our action today.
The state urges initially that Mr. Perlmutter enjoyed no constitutional right of privacy as recognized by the decision of the district court of appeal. More importantly, it is asserted that the question of "death with dignity" is a matter so complex that it should be left to the legislature, and the judiciary should abdicate to that process. We are told that the many variations of the problem and multiple issues subsumed under the general issue make it inadvisable at best for the Court to address the issue. On the other hand, counsel for the decedent and for the physician maintain that it is an issue which cries out for judicial resolution in a comprehensive manner so that physicians, public officials, hospitals and other citizens of the state may be guided in their future conduct.
As always seems to be the case, there is some merit in each assertion, but for that very reason we can fully embrace neither. Because the issue with all its ramifications is fraught with complexity and encompasses the interests of the law, both civil and criminal, medical ethics and social morality, it is not one which is well-suited for resolution in an...
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