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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33760
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My mother had a stroke on a Friday night and was brought to

Customer Question

My mother had a stroke on a Friday night and was brought to the local ER. Based on her advance directive ("never want to live if I need help feeding myself, have impaired speech" etc. I'm paraphrasing) my dad was told to gather the family. Mom was awake and responsive over the weekend. On Monday when everyone was there she was extubated and breathed on her own. She was sent home with hospice care (her wishes). She was given no food or water and died about 11 days later.
Was this euthanasia? Wrongful death? Negligence? We had asked the staff about transferring her to U of Michigan for aggressive care.
She died 3 years ago tomorrow so this may be a moot point.
Thank you for any input you may have.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

If she had expressed a desire not to be kept alive artificially if she was not able to maintain her own care and sustenance, then the withholding of nutrients is in keeping with her advanced health care directive. She was allowed to pass due to the fact that she was unable to sustain her own life, presumably in accordance with her wishes.

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But even if there was some question about negligence or wrongful death, the statute of limitations is 3 years in MI for a cause of action for injury to person and 2 years for malpractice. So as of tomorrow, the time to potentially take any action would expire if there was some proof that the medical care providers were not just following her directives.

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thanks

Barrister

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