What should be done if someone was taken off life support against their wishes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What should be done if someone was taken off life support against their wishes?
A friend of mine had an elderly friend who was terminally ill but coherent. A relative, and presumably a doctor, decided to turn-off/remove his ICD even though he said he didn’t want it to happen. He is dead now. I think this sounds extremely illegal. Who should my friend go to concerning this?
Asked on April 10, 2011 under Malpractice Law, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your friend doesn't have standing to sue so really it would be others members of the family who would have standing to sue for wrongful death. If you don't know the facts entirely, be careful who your friend goes to to discuss this matter; your friend certainly doesn't wish to be placed in a situation where he or she would be sued for defamation or false allegations. If you don't know if the relative is a doctor or even if the relative is a doctor but you don't know whether or not he or she has a medical power of attorney or medical directive, be careful and tread lightly. Your friend could discuss the matter with family if he or she is close to them to verify if the relative had a medical directive or if the person who passed did change his or her mind. If your friend is concerned about speaking to the family, consider speaking with police but again, tread lightly. Or if the relative is indeed a doctor, consider filing something with the medical board, perhaps an anonymous tip.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.