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by onetimemanytime 2895 days ago
Who is going to be the plaintiff? I agree that administering x amount of morphine to alleviate pain when 99% of doctors know it's going to kill the person it's practically euthanasia but either the person or the closest kin decide. And the person has the right to be administered pain relievers and not suffer for months because the meds might kill them.

The long lost aunt that didn't even attend the funeral, I guess could try to sue for losing her dearest relative but not sure if she any standing. Any lawyers here? If the children decide for mom, can her brother sue the doctors?
2 comments
ErikVandeWater 2895 days ago
> Who is going to be the plaintiff?

The descendants. You answered that in your second paragraph.

> And the person has the right to be administered pain relievers and not suffer for months because the meds might kill them.

This isn't a right. Your just stating a platitude - If a person were extremely allergic to painkillers, a doctor could not prescribe them, even if the patient was in lots of pain.

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onetimemanytime 2895 days ago
>>The descendants. You answered that in your second paragraph.

So everyone of them (descendants) must agree? How far back, 4-10 generations? What if a fourth degree cousin cannot be reached in time, hold up everything or let the closest ones--children and or/ or spouse--decide?

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DanBC 2895 days ago
> If the children decide for mom,

Where are you living that children are allowed to make medical decisions for their dying parent? What legal powers are the hospitals using to follow the wishes of the children? I guess the brother can't sue if those legal powers are in place.

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onetimemanytime 2895 days ago
>>Where are you living that children are allowed to make medical decisions for their dying parent?

https://www.nia.nih.gov/health/understanding-healthcare-deci... "Joseph’s 90-year-old mother, Leilani, was in a coma after having a major stroke. The doctor said damage to Leilani’s brain was widespread and she needed to be put on a breathing machine (ventilator) or she would probably die. The doctor asked Joseph if he wanted that to be done. Joseph remembered how his mother disapproved when an elderly neighbor was put on a similar machine after a stroke. He decided to say no, and his mother died peacefully a few hours later."

"Ali’s father, Wadi, is 80 and has lung cancer, as well as advanced Parkinson’s disease. He is in a nursing facility and doesn’t seem to recognize Ali when he visits. Wadi’s doctor suggested that surgery to remove part of a lung might slow down the course of the cancer and give Wadi more time. But, Ali thought, “What kind of time? What would that time do for Dad?” Ali decided that putting his dad through surgery and recovery was not in Wadi’s best interests. After talking with Wadi’s doctors, Ali believed that surgery would not improve his father’s quality of life but would cause him pain and discomfort.*"

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djrogers 2895 days ago
> Where are you living that children are allowed to make medical decisions for their dying parent?

Given the prevalence of mental deterioration and incapacitation in many end of life scenarios, it is very common for children or a spouse to have power of attorney and decision making ability for someone who is near death.

In fact, many people take care of filing a durable power of attorney for medical decisions before it gets that far. I know I’d prefer my children have the ability to end my life if I were suffering.

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onetimemanytime 2895 days ago
>>Where are you living that children are allowed to make medical decisions for their dying parent? What legal powers are the hospitals using to follow the wishes of the children?

Child in coma, doctors say it's over. Parents decide to pull plug or not. Never heard of this scenario in USA?

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DanBC 2895 days ago
No, fucking horrific. Who's looking after the best interests of the patient?

Also, it doesn't happen like that in all US states where the hospital makes a decision and presents it to the family, who'll need to go to court if they disagree.

http://medicalfutility.blogspot.com/2018/04/medical-futility...

> First, in California, Texas, and Virginia the burden is flipped: the families must go to court to stop the clinicians. Moreover, that is a widely recommended approach at the institutional level: announce the plan and give the family time to challenge, but do not seek permission from the court.

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