Facing the Decision of Turning Off Life Support for a Family Member

One of the most difficult and heart-wrenching decisions a person can ever make is whether or not to turn off life support for a family member who is critically injured and not responding to medical treatment. Situations like this may arise if a family member was involved in a dangerous auto accident, ran into complications during surgery, or with anesthesia problems post-surgery, or perhaps when an infant is prematurely delivered or suffers trauma or asphyxia during the birthing process.

Situations like these put the family members in an extremely uncomfortable decision making process as what to do when the doctor advises them to think about turning off life support. Also, situations involving medical negligence or medical malpractice with the doctors, nurses, medical staff, or medical facilities may result in a family member being asked to have their loved one removed from life support. Something most people in this situation rarely ever think about is whether or not the doctor's motives are potentially biased with a recommendation to remove a loved one from life support.

In a situation involving wrongful death from medical negligence, many jurisdictions, including California, place a maximum cap on non-economic damages for medical malpractice at $250,000. However, damages for a patient who may need a lifetime of medical care who is kept alive under these same situations will likely result in millions of dollars. If the medical staff or medical facility is negligent in causing the injury, it may not be in their best interest to pay for the lifetime of medical care. This is obviously a situation that requires careful thought before rushing to a decision. This may even require legal consultation from an experienced medical malpractice attorney that understands situations like these as well. An experienced medical malpractice attorney can provide you with unbiased information to help you come to your own conclusion as to what is the best solution for everyone involved.

Our law firm has seen many situations like this, and with a background as a licensed medical doctor, practicing emergency medicine, I have experience in this area as well. If you believe a family member was critically injured by medical negligence, call us for a free consultation to find out about your legal rights, including your right to be compensated for medical care for your loved one for as long as they need medical help.