can a person take someone off life support if no living will was left, if this was not the sick persons desire

this person still had his mind his brain had not died or stopped, he had high fever but his breathing was getting better

Asked on May 28, 2009 under Accident Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

These cases are almost always difficult, and depend on both the unique facts of the case and, sometimes, on differences in the law between states.  If you were one of the sick person's heirs, you should talk to a lawyer with experience at this kind of problem, in your area.  One place to find qualified attorneys is our website, http://attorneypages.com

It's very hard to second-guess doctors without seeing the records, and I'm not a North Carolina lawyer.  But if there was no brain death, or other clinical definition of death, and nothing from the patient, there might have been a very serious mistake made here.  It's worth looking into this.


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