Isnt death usually decided by the medical staff caring for a patient? Its a doctor that usually signs a death certificate, then the courts will ratify that decision.
Yes, but in this case no doctors have declared Archie dead. His brain is dead as shown in MRI scans and EEGs, but in the only way of legally declaring someone brainstem dead is to follow certain tests, which could not be performed on Archie. Normally the family would agree to remove life support, the patient would then die and would be declared dead afterwards in the usual way.
It is a technical point yes......technically Archies body is still alive. But it sounds from all the ITU staff on here, as if once the brain dies, then normal bodily functions also die..so he cant function at all by himself. He is breathing artificially but he also is unable to absorb any kinds of food or drink into his cells independently, so everything within him is deterioriating. I spose technically he is some kind of living corpse? And they couldnt do the usual test for brain stem death, due to the damage at his neck, so what are they meant to do
Medical staff arent superhuman, they are trying their best to help. Its ok to ask for a second opinion, especially with a case like this, but....if the second opinon confirms the diagnosis of the first...
That’s the thing, there is only one legal way to declare a person brainstem dead and that is by testing brainstem reflexes, which couldn’t be done.
There is no legal precedent for declaring someone brainstem dead by MRI scan evidence.
The hospital were not going to try to get him declared dead, and instead wanted to be allowed to withdraw treatment on the basis that it’s in his best interests, then declare him dead afterwards in the usual way. But Archie’s legal guardian (a social worker, not a medical or legal professional) encouraged them to try to get him declared dead. So they did, and the judge agreed, but they shouldn’t have done it. It gave the parent’s their entire legal means to appeal. If the hospital had gone down the best interests route in the first place, the appeal may not have happened and Archie would have been let go already.
I am sorry for the loss of your dad, it must have been devastating.
Thank you