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Brain dead

Asked Mar 17, 2012, 06:59 PM — 34 Answers
Hello:

Let's say my wife was brain dead and scheduled to be removed from life support tomorrow. I didn't want to wait and pulled the plug today. Am I guilty of murder? If I am, why wouldn't the doctor be guilty, who's gonna pull the plug tomorrow?

excon

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cdad's Avatar
cdad Posts: 10,941, Reputation: 6535
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#2

Mar 17, 2012, 07:05 PM
There is a difference in following rules and not. You not being in the medical profession then you would be working outside the rules. Its the same rules like with abortion. If the boyfriend does it then its murder if a doctor does it then its approved by the state.
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excon's Avatar
excon Posts: 20,998, Reputation: 15460
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#3

Mar 17, 2012, 07:10 PM


Hello dad:

I'm not buying that...

excon
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,587, Reputation: 37016
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#4

Mar 17, 2012, 07:10 PM


Ex, just being married to you, does not make her brain dead, a saint maybe,

But it will vary by state, each state has specific laws on "end of life"
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DrBill100's Avatar
DrBill100 Posts: 3,242, Reputation: 2497
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#5

Mar 17, 2012, 07:28 PM
Quote:
Originally Posted by excon View Post
Hello dad:

I'm not buying that...

excon
....and you are shopping for?

If you are shopping for a legal response then I am eminently unqualified.

As relates to bio-medical ethics your question is compelling.

I'm on the wrong board to offer an expert response. Just being nosy and intrusive.
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cdad's Avatar
cdad Posts: 10,941, Reputation: 6535
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#6

Mar 17, 2012, 07:31 PM
Quote:
Originally Posted by excon View Post
Hello dad:

I'm not buying that...

excon
Then lets turn the question around. A woman decides she wants an abortion. Which in the state she lives in is legal and she must wait 72 hours for the procedure. So on day 1 she sets it up and has the appointment for 72 hours later. On her way to her friends house the next day she is involved in an accident. It is someone elses fault. And because of it the baby inside dies. Is that murder or manslaughter as determined by the laws or is it no problem because she wanted an abortion anyway?
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J_9's Avatar
J_9 Posts: 36,954, Reputation: 25610
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#7

Mar 17, 2012, 07:38 PM
You all are talking hypotheticals. There is a lot more that goes into it besides just pulling a plug.
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AK lawyer's Avatar
AK lawyer Posts: 9,913, Reputation: 4207
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#8

Mar 18, 2012, 05:39 AM
Quote:
Originally Posted by excon View Post
Hello:

Let's say my wife was brain dead and scheduled to be removed from life support tomorrow. I didn't want to wait and pulled the plug today. Am I guilty of murder? If I am, why wouldn't the doctor be guilty, who's gonna pull the plug tomorrow?

excon
Is this homework? We don't do homework!

Seriously, the doctor wouldn't be guilty because, we assume, there is a specific law or judicial decree in place which would constitute justification for the homicide.

Quote:
Originally Posted by califdadof3 View Post
Then lets turn the question around. A woman decides she wants an abortion. Which in the state she lives in is legal and she must wait 72 hours for the procedure. So on day 1 she sets it up and has the appointment for 72 hours later. On her way to her friends house the next day she is involved in an accident. It is someone elses fault. And because of it the baby inside dies. Is that murder or manslaughter as determined by the laws or is it no problem because she wanted an abortion anyway?
Your hypothetical says it's an accident. Thus, it is not murder, which of course requires malice aforethought. But yes, it may be manslaughter.

Let's do another hypothetical: Excon has been convicted of murder for pulling his late wife's plug. As he is walking down that last mile to the gas chamber, Califdadof3 (who happens to be doing time in the same prison for negligent homicide of an unborn child in an automobile accident) kills him (on purpose). Would Califdadof3 be guilty of murder? Certainly.
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excon's Avatar
excon Posts: 20,998, Reputation: 15460
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#9

Mar 18, 2012, 06:03 AM
Quote:
Originally Posted by DrBill100 View Post
I'm on the wrong board to offer an expert response. Just being nosy and intrusive.
Hello Doc:

No, you're not. We listen to EVERYBODY over here.

excon
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J_9's Avatar
J_9 Posts: 36,954, Reputation: 25610
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#10

Mar 18, 2012, 06:09 AM
Quote:
Originally Posted by excon View Post
Hello:

Let's say my wife was brain dead and scheduled to be removed from life support tomorrow. I didn't want to wait and pulled the plug today. Am I guilty of murder? If I am, why wouldn't the doctor be guilty, who's gonna pull the plug tomorrow?

excon
You are guilty of murder because you aren't the medical personnel who are given the authority to pull the plug on the medical device.

Why wouldn't the doctor be guilty? Because presumably you have given your written consent to have the plug pulled.

Who will pull the plug? Actually a plug isn't pulled, but rather the machine is turned off. Only the doctor can turn that machine off.
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