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We have a friend who is i nthe hospital on life support after

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

We have a friend who is i nthe hospital on life support after being hit by a car, she was in a coma for two days , has come out of the coma but has been told that her brain injury is severe and there is no hope for recovery. She is not is a vegetative state, is being heavily sedated (she has a broken, hip & leg). She is 22, was not close to her family. It has been 6 days since she was placed in ICU - we, her friends think the family is being hasty about "pulling the plug" is there anything a non-family member can do to prevent this and give her a bit more time to heal? They are removing life support tomorrow morning so we are desperately seeking guidance on what we can do.

 

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Country relating to Question: United States

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reasoning with the parents that they have not given her enough time to see if her condition is dire or there is hope. We just want the mto wait a bit longer and make such a hasty decision.

Submitted: 289 days and 15 hours ago.
Category: Legal
Value: $43
Status: CLOSED
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Expert:  JB Umphrey replied289 days and 15 hours ago.

Welcome and thank you for your question!

I am so very sorry to learn of your friend's situation. Please clarify:

1. Did your friend have a written living will?

2. Is there any doctor who has said that she can recover from her brain injury?

Customer replied289 days and 15 hours ago.

She does not have a living will and I have no knowledge if any other physician has seen her. Neurosurgeon reviewed the MRI and said no hope, other than that I don't know. They said the brain stem is damaged and the middle brain; today when we went to visit I was in the room and she moved around when I was talking to her. her mother said, "she knows you're here and you are upset, so you need to go".

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Expert:  JB Umphrey replied289 days and 15 hours ago.

Thank you.

Stopping the planned life support requires a court order.

It is possible for someone to go to court and obtain an emergency injunction, however, the judge will have to be given:

1. sworn proof from one of her treaters that she can recover from her injury.

2. evidence that, in the past, she expressed an intention/desire to remain on life support in the event such an incident occurred.

A judge will not get involved to simply second-guess the parents' decision. That is not the role of the courts.

If you can provide the evidence and testimony for items 1 and 2, then anyone can go to court to seek the emergency injunction. Otherwise, since your friend did not have living will, the law leaves it to the parents to make the decision. The nature of the current relationship is not of any legal consequence, unless, again, evidence outlined in 1 and 2 can be supplied.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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If you wish to continue this conversation, click on the Reply tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

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"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Customer replied289 days and 14 hours ago.

The current docs are saying there is no hope of recovery and that she is vegetative...she is not, she is currently heavily sedated and on anti anxiety drugs to keep her calm. I am more than willing to let her go if that is the final diagnosis, but think less than a week does not give her time to heal. Can i get another doctor (neuro) to come in and give their opinion?

Accepted Answer

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Expert:  JB Umphrey replied289 days and 14 hours ago.

If your friend named you as her power of attorney for health care matters, yes, you can get another doctor to evaluate her.

If your friend did not name you as her power of attorney for health care matters, then you have no legal standing to have her assessed by a different/new doctor.

I understand how hard this is for you. It's terribly, terribly hard. I wish you well and peace.

What are your options now?

If you wish to continue this conversation, click on the Reply tab.
If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either
"Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek.


Thanks,
~~ J.B.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.7 %
Accepts: 10008
Answered: 8/2/2012

Experience: Explains legal matters based on 14+ years experience.

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Expert:  JB Umphrey replied288 days and 11 hours ago.

Thank you for the recent opportunity to be of assistance with your information needs.

It means a great deal to me that you chose JustAnswer as your information resource.

I hope that we continue to earn your trust and confidence when you seek information in the future.

Best wishes and, thanks again.

~~ J.B.

 
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