Judge Orders Peruvian Health Insurer to Find Doctor Who Will Disconnect Patient’s Respirator

Peru court orders end to respirator keeping patient alive by setting deadline

After 12 doctors at the Edgardo Rebagliati Hospital in Peru refused to turn off the respirator that keeps Maria Teresa Benito Orihuela, 66, alive, the court ruled that the country’s public health insurer has just over a week to find a doctor who is willing to disconnect the equipment. In February this year, Orihuela, who suffers from advanced amyotrophic lateral sclerosis and depends on an external respirator, obtained a court sentence to have a “dignified death”. But the 12 doctors have refused to turn off the devices, citing religious freedom and conscientious objection.

Orihuela’s lawyers sued the Peruvian court again, this time seeking to force compliance with the first decision. According to the decision of the Superior Court of Justice of Lima, Peru’s public health insurer EsSalud must present a doctor who agrees to turn off the devices by May 7th. Orihuela’s case follows in line with Ana Estrada’s legal battle in Peru for euthanasia rights. Estrada also suffered from a degenerative disease and fought tirelessly for her right to end her own life before passing away on April 21st. Her case was considered a landmark legal decision in Peru and set a precedent for others seeking similar rights.

The Conference Peruvian Episcopal expressed concern about euthanasia earlier this month when they reiterated their stance against it as an attack on the right to life. “Euthanasia will always be wrong because it violates human dignity,” said Cardinal Juan Luis Cipriani y Palma in a statement. Other Latin American countries have taken different approaches on euthanasia laws. In February, Ecuador legalized assisted suicide for those suffering from serious illnesses or irreversible injuries after changing its legal framework. In December, Cuba authorized assisted suicide as part of its new public health law under Fidel Castro’s dictatorship. Meanwhile, Colombia has had euthanasia laws since 1997 but only began regulating it in 2015 when hospitals started performing assisted suicide on terminally ill patients.

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