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My father has told my mother and all 7 children what he wants & doesn't want upon the occasion he is unable to communicate. He has been emphatic about it for many yrs. He filled out a living will at 3 hospitals through the yrs. In August his primary dr made arrangements for him to go to the nearest big city to have an angio done. He went but then backed out. His primary physician then talked him into it again. He finally agreed & was having the angio when they stopped because his main artery was 99% blocked and rushed him into emer open heart surgery. He agreed to the surgery while still recuperating from sedation of the angio. He got a very condensed "this & this & this may happen" He had strokes after surgery & has been in a comma 13 days. He has started to wake up a little but is still uncommunicative. He has major brain damage. He did not want to be on life support any more than a couple days. The hosp is refusing to support his will.

2006-09-14 16:00:01 · 12 answers · asked by newstartskp 1 in Politics & Government Law & Ethics

12 answers

That is common. The hospital isn't gong to take any liability.

You need a lawyer and, perhaps, a supportive doctor to force the hospital to move.

2006-09-14 16:03:36 · answer #1 · answered by Anonymous · 0 1

If he has been coming in and out of the coma, then the hospital isn't going to take the responsibility of removing "life sustaining measures" unless they are sure that he will not get any better. At the point your father is at, they may not be totally sure.

What I would do is speak to a lawyer that specializes in this. If you remember the fight in the Terri Shivo case, doctors got dragged into that one, and it was an "expert" verses "expert" thing - basically a battle of opinions. Hospitals don't like it when they are the liable ones. It makes for bad PR, and bad bottom lines.

Get a lawyer, and have him/her look over your father's will. They will be able to let you know what you can do, or they might be able to do something.

Good luck!!

2006-09-14 23:09:10 · answer #2 · answered by volleyballchick (cowards block) 7 · 0 1

If he truly has a living will that is valid in the state in which you live, the doctors should abide by it. Sounds like possibly he signed a health care proxy which is different.

You need to go to the District Court, tell them you want to have your father declared incompetent and they will have a trial to have this done. The trial lasts 20 minutes (at least in the state in which I reside) and all attorneys ask the jury to declare the person incompetent.

2006-09-14 23:45:41 · answer #3 · answered by Salem 5 · 0 0

You should consult a local attorney. Legal action may be necessary to establish a conservatorship for your father or to compel the hospital to comply with the living will.

The laws vary by state, so the answers you have received here really aren't worth much unles someone happens to be an attorney from your state.

2006-09-14 23:16:05 · answer #4 · answered by Carl 7 · 0 0

Surely if the living will was made a while ago, the doctors would have to stick with what your father wants?? Get hold of a lawyer. All the very best of luck with that.

2006-09-14 23:47:35 · answer #5 · answered by tracy r 3 · 0 0

Go to the lawyer that he signed his papers with and see what action he/she can take for you. I hate to say this, but it could end up in court.

I don't see how, if the papers are signed legally, he (the Doctor) can over-ride the decision that's in legal binding.

Good luck to you. It must be hard enough for your family to be in this situation, let alone more heartache over this issue. I sincerely hope this matter for you and your family can be resolved in a timely, painless mannor. I'm very sorry to hear about your father - Good Luck! I'll keep you and your father and your family in my prayers. May God be with you all and help you get through this.

I mis-understood - I thought you meant he had the papers signed at a lawyer office. See one NOW!

2006-09-14 23:11:43 · answer #6 · answered by penwrite5 5 · 0 1

Get a lawyer now! and a new doctor!
This kind of story angers me..... doctors are always trying to control us and it makes me madder then a hat!!!
Your fathers will is legal and binding, what the hell kind of doctor you got there?
the man wants to go, let him go, he deserves too, why? because he asked to be let go!!
beat the doctor in court! [or?]
it is all about the money for these a** clowns!
your dad wants it....let it happen...stop at nothing.
Dr.s are not Gods, and they need to know that!!!
you and your family do what is best for your father, and I will pray for you all and yes...your father, God be with you all!

2006-09-14 23:17:19 · answer #7 · answered by transvainia 3 · 0 1

Yes, listen to fathead. Get an attorney and seek out a second opinion from someone who would sympathize.

2006-09-14 23:08:20 · answer #8 · answered by Tygirljojo 4 · 0 1

Get a lawyer to help you now. Your father should not have to be put through this. He should be allowed to go in dignity.

2006-09-14 23:11:08 · answer #9 · answered by older woman 5 · 0 1

It's complicated, so ask an attorney to look into it. Sorry for your Dad and your family.

2006-09-14 23:13:12 · answer #10 · answered by ? 6 · 0 1

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