Ventilators ...
Querist :
Anonymous
(Querist) 08 January 2012
This query is : Resolved
At times the family members of a very old ailing patient gives in writing that their family member should not be put on ventilator due to financial or other reasons even though he is advised so by the Dr.s-
Will this in any way be a criminal act if the person dies later.
ajay sethi
(Expert) 08 January 2012
interesting query . in such a case the wishes of patient should be repsected . in case a man is already brain dead it wont any service putting a man on ventilator .
it is a painful decision which relatives have to take .
Today, it is accepted, a terminally ill person has a common law right to
refuse modern medical procedures and allow nature to take its own course,
as was done in good old times. It is well-settled law in all countries that a
terminally ill patient who is conscious and is competent, can take an
‘informed decision’ to die a natural death and direct that he or she be not
given medical treatment which may merely prolong life.
ajay sethi
(Expert) 08 January 2012
Where a ‘competent patient’ takes an ‘informed
decision’, when he or she is terminally ill, not to receive medical treatment,
such a decision is binding on the doctors and if, contrary to that, any
invasive treatment is given it amounts to battery and if further the patient
dies, it may even amount to murder. Where a ‘competent patient’ takes an
‘informed decision’ to allow nature to have its course, he is, under common
law, not guilty of ‘attempt to commit suicide’ (under sec. 309, Indian Penal
Code, 1860), nor is the doctor who thereby omits to give treatment, guilty of
abetting suicide under sec. 306 or of culpable homicide under sec. 299 read
with sec. 304 of the Indian Penal Code.
Sanjeev
(Expert) 08 January 2012
Ventilators are not helpful in case of old patients they are not in a position to come out of the ventilator it is painful to refuse ventilator support by the family members due to financial constraints or their own decision. This does not amount to criminal act as they are guardians of the patient they can decide on his behalf when the patient is not in a position to decide.
Though not related to your post I have a very recent bad experience with a very close relative of mine who died recently. She was on ventilator support for 7 days it looks like the person is being forced to live with ventilator and he gets too much pain when on ventilator though the family members feel he is alive and they doing their best but it is very painful for the patient.
Devajyoti Barman
(Expert) 08 January 2012
It is skilled job of an professional and at the time of exercising their discretion the layman0relatives can not out condition.
The effort to put ventilator aims to save the life of the patient and even if it is done against the wish of the relative that does not amount to any criminal acts.
Raj Kumar Makkad
(Expert) 08 January 2012
Much has already been replied so no more views are required to be added.
Shonee Kapoor
(Expert) 08 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
