{"id":377209,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-euthanasia-laws.html"},"modified":"2017-10-26T14:54:15","modified_gmt":"2017-10-26T19:54:15","slug":"west-virginia-euthanasia-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-euthanasia-laws.html","title":{"rendered":"West Virginia Euthanasia Laws"},"content":{"rendered":"\n
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West Virginia Euthanasia Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you\u2019ve ever had a loved one battling a debilitating, painful, and terminal illness, you may have naturally wondered about the \u201cright to die,\u201d or the law is surrounding so-called \u201cmercy killings.\u201d \u201cEuthanasia\u201d is the legal definition of killing or allowing the death of a hopelessly sick or injured person. And in most states intentionally ending the life of another person, no matter how sick, is illegal. Here is a quick introduction to euthanasia laws in West Virginia.<\/p>\n

Euthanasia Laws<\/h2>\n

While the issue remains one of the most hotly debated in legal, social, and political circles across the country, euthanasia<\/a> is prohibited in almost every state. Deliberate mercy killings, sometimes referred to as \u201cphysician-assisted suicide,\u201d are illegal under West Virginia law as well. However, doctors are permitted in some cases to withhold or withdraw "life-sustaining" measures in order to \u201callow the natural process of dying.\u201d<\/p>\n

Euthanasia Statutes in West Virginia<\/h2>\n

The details of West Virginia\u2019s euthanasia laws are listed below.<\/p>\n\n

Code Section<\/p>\n<\/td>\n

West Virginia Code 16-30-15<\/a>: Withholding of Life Support<\/p>\n<\/td>\n<\/tr>

Euthanasia Condoned in Statutes?<\/p>\n<\/td>\n

Euthanasia or mercy killing is not condoned or authorized by West Virginia law, nor is any act or omission other than to allow the natural process of dying.<\/p>\n<\/td>\n<\/tr>

Effect of Withholding of Life-Sustaining Procedures<\/p>\n<\/td>\n

The withholding or withdrawal of life-prolonging intervention from a person in accordance with the decision of a medical power of attorney representative or surrogate decision maker made pursuant to the provisions of this article does not, for any purpose, constitute assisted suicide or murder.<\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Euthanasia Law History<\/h2>\n

Neither federal law nor the Constitution provides a right to physician-assisted suicide. Under a United States Supreme Court ruling in 1997, a state\u2019s interest in preventing intentional killing and preserving life outweighs a citizen\u2019s interest in choosing when, where, and how die. Therefore, states may prohibit euthanasia, and most do. However, West Virginia is one of many states to recognize that passively refusing or removing life-saving medical treatment (which is legal in many states) is not the same as a physician proactively ending a patient’s life (which is illegal in nearly every state).<\/p>\n

Related Resources for Euthanasia Laws in West Virginia<\/h2>\n

Euthanasia is an emotionally and legally complex issue. FindLaw’s section on Patient Rights<\/a> can provide you with additional articles and resources on this topic. You can also consult with a West Virginia health care attorney<\/a> in your area if you would like legal help regarding a terminal health care matter.<\/p>\n

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