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Conflict of a living will and family’s wish

Conflict of a living will and family’s wish

A 60-year-old man suffering from high blood pressure has been seeing a doctor for 2 years. One night he collapsed while taking a bath at home and then was taken to ER, diagnosed subarachnoid hemorrhage. Eventually, he became to be in a brain death condition. He has executed a living will which mentions that he does not wish any treatment for life extension when there is no possibility of recovering from coma condition. Which means, according to his living will, his doctor needs to take a ventilator away from him soon. His wife, however, is not prepared for that moment and asked the doctor to wait for a little more time although she has known about her husband’s living will very well. She seems to be stable when she is staying by his bed, but when the doctor talks to her about taking a ventilator from him, she becomes emotional so that the doctor cannot go on to the next step. The doctor is afraid of that she will be suffered from mental illness if the ventilator was taken away from her husband while the doctor concerns the patient’s living will. The couple has two daughters and a son who are both in their 30s and 20s, and 3 grandchildren. They are all living around the town and come to a hospital few times a week. The family relationship is very well.

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Questions

1. How should the balance between a living will and family’s wish be taken in this case?
2. What would you do if you were his doctor? How about if you were one of the children of the couple?

3. Is a living will always prior to other’s request? What are the legal perspectives on a living will in your country?

4. Is the patient’s right violated because his living will have been ignored?

5. If a ventilator is taken away from the patient against his wife’s request, is it possible to say that the wife’s right or dignity was ignored by a sole interest of society which here is a system of “living will”?

has to be 1500-2000 words.

Solution Preview


1. With respect the patient’s human rights, and in particular their right to reject medical treatment. Knowing what the patient want means that doctors are more likely to give..

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