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The withdrawal of life support from patients in persistent vegetative state (PVS) is a controversial issue, as highlighted by a continuous public debate and recent judicial decisions. In Germany, a topic of particular interest is the abatement of artificial nutrition. First, doubts have come up whether every kind of technically delivered nutrition should be rated identically or whether a distinction between feeding tubes/gastrotomies and intravenous administration should be made. Second, the question is left open whether artificial nutrition is part of basic care and as a consequence may never be discontinued, or if it has to be regarded as life-sustaining treatment which can be refused by surrogates on behalf of the nonautonomous patient. Most recently, controversial judicial decisions have dealt with the question if substituted judgement concerning abatement of artificial nutrition by surrogates or legal guardians is permitted or if the approval of a court is necessary. Forensic evidence is provided which indicates that the withdrawal of artificial nutrition in patients in the persistent vegetative state may become a contributing causative factor or even the immediate cause of death. The legal implications with regard to the above-mentioned issues of controversy are discussed. 相似文献
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An elderly, severely brain-damaged patient was being ventilated and given nutrition and antibiotics intravenously in a medical center's critical care unit. Her legal guardian requested authorization to order that the respirator be withdrawn and the administration of nutrition and antibiotics be stopped. A Missouri circuit court ruled that, while public policy, as evidenced in the state's living will statute, permitted withdrawing the respirator, it apparently precluded withholding or withdrawing nutrition, hydration, or antibiotics. 相似文献
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Hartz JN 《Los Angeles lawyer》1982,5(5):18-20, 33, 52+
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Sharma BR 《The American journal of forensic medicine and pathology》2004,25(2):150-155
The developments in medicine in general and the technology of life support in particular have provided the means of maintaining organ function for prolonged periods of time. However, there are many situations where life-sustaining treatment in an intensive care unit (ICU) may lead to a death with lingering and suffering of the patient, as well as burdening their family. Although often equated, withholding and/or withdrawing life-prolonging treatments that allow the patient to die needs to be differentiated from the physician-assisted suicides and euthanasia that involve the active ending of life. There is a difference between an unintended but accepted consequence of forgoing therapy and an intended result of death from suicide or euthanasia. The present-day physicians view most patient deaths as an inevitable process secondary to disorders unresponsive to treatment and/or multiple organ dysfunction syndromes. The large majority of patients dying in ICUs today succumb not after cardiopulmonary resuscitation, but rather, after the forgoing of life-sustaining treatment. Such approach has frequently caused families, institutions, and conservators of patients to resort to judicial fiat for resolution. 相似文献
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目前在我国诉讼法中,立法者基于诸多考虑,未将审判委员会纳入诉讼回避主体范围,但其作为审判组织的性质决定了其具有回避的义务。实践中出现的诸多司法不公问题也表明审判委员会的回避制度是必要的。审判委员会回避的法律途径应该是诉讼管辖的变更。审判委员会的回避制度包括回避事由、回避程序、回避保障和法律救济等方面。 相似文献
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公司资本退出是股东权保护的底线,但资本维持原则的限制以及对资本流动价值、公司团体性等认识的局限,在一定程度上阻碍了资本退出之功能的实现。将资本退出的形态进行分类,并归纳具体的退出方式于统一的退出规则之下,是确立和巩固其法律地位的必然。尽管资本退出仅是股东自我保护的最后手段,但退出机会的提供以及退出利益的保障仍然是不可或缺的。 相似文献
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论撤回公诉中的若干争议问题 总被引:1,自引:0,他引:1
撤回公诉是指在刑事诉讼中检察机关撤回已经向人民法院提起的公诉案件的诉讼活动。撤诉是效力未定的诉讼行为,其法律效力要从撤诉后的处理结果来体现。撤诉的法定事由包括:具有《刑事诉讼法》第15条规定的情形之一的;不存在犯罪事实或犯罪事实并非被告人所为的;因犯罪事实不清、证据不足,难以认定被告人有罪的;因管辖不当的。撤诉的时间应限定在合议庭或审判委员会作出一审判决之前。 相似文献