RICHMOND — A judge said Wednesday that he did not need to hear any evidence before concluding that lethal injection in Virginia does not amount to practicing medicine without a license.
Richmond Circuit Judge Gregory Rupe commended two Alexandria attorneys for an "imaginative" challenge, but he refused to let their lawsuit go to trial.
Rupe said he could require Department of Corrections officials to appear in court to defend the way they carry out death sentences, but the question would ultimately come down to whether he believes lethal injection is the practice of medicine.
"It is not," the judge said in dismissing the lawsuit filed by attorneys Meghan Shapiro and Christopher Leibig.
Shapiro said after the half-hour hearing that she and Leibig "respectfully disagree" with Rupe's conclusion and are considering an appeal.
"General anesthesia is medicine and only medical professionals can legally do it," Shapiro said.
The lawsuit, filed in April, claimed that the methods used by Virginia to execute condemned inmates amount to the unauthorized practice of medicine, pharmacy and anesthesiology.
Source: Daily Press, Sept. 20, 2012
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