Thứ Sáu, 5 tháng 10, 2012

Sungeun Grace Lee - Parents Refuse To Take Daughter Off Life Support, Despite Her Pleas





It sounds like the parents are pursuing futile court options, not because they really believe that they have any chance of success.  Rather, they are pursuing guardianship to delay the hospital's ability to comply with the patient's (competent) instructions.  



Just as in futility cases, the temporary injunction itself, pending an outcome on the merits, can get the family exactly what they want.  The parents do not need to win their case.  The mere cumbersomeness and slowness of litigation may mean continued treatment for as long as the patient's biological and corporeal existence can be perpetuated.  After the patient's death, the parents can just voluntarily dismiss their case as moot.

  

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