Legal Aspects of Prolonged Use of Artificial Life Supports

Abstract

The prolonged use of artificial life supports has hecome a subject of great concern in the fields of religion, philosophy, medicine and law. One legal aspect, which is inextricably tied to all other aspects, legal and non-legal is the concept of brain death and its recognition by the law. Other legal aspects involve the rights and liabilities of various interested parties who may be faced with the decision to withhold or withdraw artificial life supports. These may be identified as the rights and liabilities of patients, relatives, physicians and hospitals. The legal aspects discussed herein will focus on case law and legislation effecting (1) the recognition of the concept of brain death and (2) the liabilities of physicians.