Full question:
Does a person who is on life support who resides in the state of Pennsylvania and is in a Pennsylvania hospital have a specific number of days they must remain on life support before the hospital can remove the life-support machine? This patient does not have a living will or last will/testament.
- Category: Living Wills
- Date:
- State: Pennsylvania
Answer:
In Pennsylvania, if a patient is on life support without a living will, the decision to remove it is based on medical judgment regarding the likelihood of recovery. There is no specific number of days that must pass before this decision can be made.
The law allows a close family member to consent to the removal of life support if at least two qualified doctors certify in writing that the patient is in a permanent vegetative state. This is known as the substituted judgment rule.
In the Pennsylvania Supreme Court case, In re Fiori, the court upheld the decision of a close family member to remove life support, even when other family members disagreed. The court used the “best interest of the patient” standard, considering factors like relief from suffering, lack of quality of life, and no chance of recovery. However, the court did not define what constitutes a “close family member” or provide guidance on resolving family disagreements in these situations. Therefore, these decisions are made on a case-by-case basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.