Satz v. Perlmutter

362 So. 2d 160 (1978)

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Satz v. Perlmutter

Florida District Court of Appeal
362 So. 2d 160 (1978)

  • Written by Liz Nakamura, JD

Facts

Abe Perlmutter (defendant) suffered from Lou Gehrig’s disease, a progressive neurodegenerative disease affecting the nervous system. Perlmutter’s condition was terminal and had deteriorated to the point that he was incapable of movement. Perlmutter was entirely reliant on a mechanical respirator to continue breathing. Even with the respirator, Perlmutter’s life expectancy was short. Perlmutter was able to speak, albeit with great difficulty, and was legally competent. Perlmutter, with the agreement of his family and adult children, wanted to remove the respirator. Perlmutter fully understood that removing the respirator would result in his near-immediate death. Perlmutter testified that his life had become a misery and that, although he wanted to live, he only wanted to do so if he could continue living under his own power. The State of Florida, represented by State Attorney Michael Satz (plaintiff), challenged Perlmutter’s plan to remove himself from life support, arguing that (1) the state’s duty to preserve life overrode Perlmutter’s wishes; and (2) terminating life support constituted an unlawful killing. After a bedside hearing with Perlmutter, the trial court held that, under the constitutional right to privacy, Perlmutter had the power to remove his respirator and thereby refuse its life-sustaining medical treatment. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Letts, J.)

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