heres the story…MSN
I guess ya can’t blame a guy for trying but if he had the DNR and his family said not to bring him back I think he can win a separate lawsuit … dont know what hed gain from it tho …
There’s a Da Vinci’s Inquest episode about that same topic. Available on youtube. Season 3, episode 2 although there’s other things going on besides that so it actually only takes up a small portion of the show. Still interesting to watch from the Canadian law point of view. Great series btw if you’re not familiar with it.
I hate that trope. Nobody dies and comes back to life. If they’re still alive, they couldn’t have been dead. They are mutually exclusive scenarios. Once you die, you’re dead forever.
He was clinically dead. His heart wasn’t beating and his lungs weren’t pumping. Brain activity ceased. If he was just left in that state forever, there’s be no question that he was dead. We have just advanced medical knowledge far enough that we were able to turn those processes back on.
Nice try, pal! LOL
Almost dying and actually dying are far from being the same thing.
Heart- sure
Lungs - OK
Brain activity? No. It was still working.
Dead means, medically and legally, brain dead. And there’s no coming back from that. So your heart stopped and you were unconscious? So what, that happens to a lot of people who go on to live full lives afterwards. That doesn’t mean you died.
And if you leave anybody in any state a few days without water or shelter, there’s no question they’d be dead, too. But just because they might have eventually died if left that way doesn’t mean they did die.
I interpret a “life sentence” to mean: if you are still alive, you are in prison. He is still alive, so in prison he goes.
Was a death certificate issued? If not, not legally dead.
Brian
It just so happens that your friend here is only MOSTLY dead. There’s a big difference between mostly dead and all dead. Mostly dead is slightly alive.
Tell that to Miracle Max. And if you bring him a nice, lean MLT, you might get a faster answer.
Did they go through his pockets for loose change?
This is just as ‘‘viable’’ an argument as saying that if you’re scheduled to be executed and the electric chair blows a fuse when they try to turn it on, your death sentence is no longer valid.
“He’s DEAD, Jim! You grab his Rolex; I’ll take his wallet.”
It’s been done before. Jerry Rosenberg tried this back in 1988. It didn’t work.
Isn’t a life sentence 100 years?
“Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot,” Judge Amanda Potterfield wrote in the court of appeals opinion.
Schrodinger’s Prisoner.
Only if you time it right.
Are you perhaps basing this on the common law doctrine of a 99-year lease?
ETA: Because it doesn’t apply to a life sentence.
The idea that “dead” is binary condition, either “dead” or “not dead” is not really a current medical belief for the doctors I know.
Doctors are sometimes required to make legal declarations. And they are sometimes required to make administrative decisions. And moral and social decisions. That doesn’t really turn it into a scientific description.
Medically, death is a continuum. You have cells dying all the time. Some of your cells will continue living in an hypoxic environment for a while. Some of your cells will remain oxygenated for a while. Some of your cells die quite quickly after you stop breathing. Medically, this is an important distinction, because your medical treatment depends not just on if your brain cells are dead, but on what other cells are dead: they don’t go on trying to bring your finger nail clippings back to life, or attach your dead finger, just because you haven’t been declared dead.