Estate Planning

Life Support Dispute Heads to Trial

By Hull & Hull LLP

In January, Justin de Vries wrote a blog about an 84 year old Orthodox Jew who was on life support.  He had suffered brain damage from a fall and was unable to walk, talk, breathe, or eat on his own.  Doctors said that he had no chance of recovery and wanted to remove him from life support. 

His family opposed the idea saying that it would hasten his death, which would be tantamount to murder and would run counter to the gentleman's Orthodox beliefs.  The gentleman did not have a living will and had not left any end of life instructions.      

On February 13, 2008, a judge ruled that the case should go to trial and the court should determine whether or not he should be taken off life support.  At issue will be whether the doctors can disconnect him in the face of opposition from the family. 

In Manitoba, the College of Physicians and Surgeons leaves the ultimate decision to the doctors, providing that they consult with family members and give them four days notice of when treatment will end. 

For their part, the gentleman's family says that they have obtained medical opinions from the United States that suggest his brain function is improving. 

The motions judge directed that the trial be held quickly, so hopefully the dispute will be resolved soon. 

Have a great weekend,

Megan F. Connolly

Full post as published by Toronto Estate Law Blog on February 22, 2008 (boomark / email).