Sunday, September 16, 2012

Barber v. Superior Court case brief

Barber v. Superior Court
California District Court of Appeal (1983)
Facts: Two Physicians; a patient by the name of Herbert suffered a cardiac arrest and he went into a comma.
-The defendants determined that Herbert had sustained a lot of brain damage and the chances of him recovering were extremely slim.
-The defendants told this to Herbert's family and upon their request, the defendants removed the respirator and other life sustaining equipment.
-Herbert still kept breathing on his own and ultimately the defendants removed the feeding tubes.
-The defendants were charged with murder and conspiracy charges.

Issue:
Were the defendants guilty of the murder and conspiracy charges under the given facts?

Holding:
No

Legal Reasoning:
The court ruled that "the cessation of 'heroic' life support measures is not an affirmative act but rather a withdrawal or omission of further treatment."
-The court stated that since the defendants knew that their patient was not going to improve by their treatment, they had no legal duty to continue the treatment. 


Conclusion:
  The ruling of the Superior Court was reversed.

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