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The Machines Were Switched Off

Barber v. Superior Court (1983)

Charge: Murder and conspiracy to commit murderCourt: California Court of Appeal, Second DistrictState: CaliforniaDocket: Opening Statements

The facts

A patient came through surgery, then suffered a heart stoppage in the recovery room. He was put on a breathing machine. Within days tests showed severe, permanent brain damage with almost no chance of meaningful recovery. His wife and children asked in writing that all life support be removed. Two doctors switched off the breathing machine and, two days later, took out the tubes giving him food and water. He died. The doctors were charged with murder. The law here punishes a failure to act only where there is a legal duty to act.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Barber v. Superior Court, 147 Cal. App. 3d 1006, 195 Cal. Rptr. 484 (Cal. Ct. App. 1983)

Read more at law.justia.com. The source reveals the outcome.

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