Text | Feng Lu lectured on the law
Edit | Feng Lu lectured on the law
Birth, old age, sickness and death are things that everyone has to experience, which is an eternal law of nature. While each of us will go through this step sooner or later, most people's first instinct is to want to live when something actually happens to us.
For example, on April 12, there was an incident in Gansu Province, where a patient was lying in bed in an ordinary family, and his family members were all around him.
It seemed to be a very heartwarming scene, but the content of the family's discussion was whether to extubate, and in the end, the minority obeyed the majority, and the patient died shortly after the family removed the oxygen tube.
Before dying, the patient's desire to survive was very strong, and he said many times, I don't want to die, don't pull me out.
Afterwards, a lawyer expressed his opinion on this matter, believing that when the patient's desire to survive was still strong, the family still chose to extubate and was already suspected of committing a crime.
So, from what perspective should we look at this matter?
Don't pull me out
"Don't pull me out, I want to live. ”
The incident took place in Gansu on April 12, 2024, and the patient had kidney failure and was already terminally ill, and the doctor gave up the treatment, which means that even if you spend more money, it will be wasted.
What's more, the patient still lives in a fairly ordinary family, and for these family members, their financial burden is already very heavy, and it is impossible to spend so much money to save a patient who has no hope.
After the doctor announced that the patient was hopeless, the family decided to take him back to their home, and seeing that the patient's condition was getting worse day by day, the family members got together to discuss whether to continue the treatment of the patient.
In order to keep the patient alive, the family also bought a ventilator because the patient could no longer breathe on his own. But the ventilator also costs a lot of money every day, and the patient can no longer take care of himself, so someone must take care of him every day.
So, a bold and heartless idea came to the minds of the families, to unplug the patient's oxygen tube, because the patient had lost the ability to breathe on his own, so it could be concluded that the patient would die soon.
Although some family members disagreed with this idea, the minority obeyed the majority, and eventually everyone chose this way to end the patient's suffering.
At this time, the patient wearing an oxygen mask heard the discussion of the family members, and his emotions suddenly became very excited, as if he was about to say something.
So, the family member standing next to him gave him a pen and paper, and the patient used all his strength to write the words "Don't extubate, I want to live" on the paper.
Seeing these words, the family members present moistened their eyes with tears. After all, everyone can't bear to see the family members who get along day and night with each other so painfully. But in the end, the family unanimously decided to unplug the patient's oxygen tube and help him end the pain.
As expected, just ten minutes after the family pulled out the oxygen tube, the patient reluctantly left this world. Although the video is only 29 seconds long, it gives us a lot to think about.
Some netizens blamed the family for being too ruthless, after all, it was a family member who got along day and night, how could they bear to do this, and said that if it was their family that encountered this situation, then they would save him if they were bankrupt.
But more netizens support the family's approach, saying that getting sick is an extremely painful thing for a family.
It is good that the family is well-off, but for families with average or poor family backgrounds, this situation will only make their family situation worse.
Under the constraints of family conditions, every day of the patient's life is a kind of torture for the family. Therefore, instead of letting the patients live for a long time, it is better to keep the money and reduce the burden on the families.
Shortly after this incident, a lawyer also expressed his opinion on this incident.
The family members are suspected of committing crimes
Shortly after the incident, a lawyer posted his opinion online, saying that the patient's family may be suspected of committing a crime.
The reasons are as follows: First, although the patient is unable to take care of himself and cannot breathe on his own, he has not lost his consciousness and can express his thoughts by writing on paper.
The second point is that the patient did not want to die, and after hearing the family's decision to extubate, the patient wrote the words "Don't extubate, I don't want to die" on the paper.
It has been fully demonstrated that the patient's desire to survive is still very strong, and the law stipulates that every natural person has the right to life.
From a legal point of view, when the fetus is born, he already enjoys the right to life, as long as the patient does not show an obvious intention to die, then no one is entitled to deprive him of life, even family members.
Although some netizens said that the extubation of the family members is also a helpless move, because even if there is the slightest hope, they all hope that their relatives can live.
But the doctor has given up the treatment, even if he empties the family funds, it can't be cured, and the family members really have no choice but to make this decision.
We can see from the video that when the patient clearly expressed his desire to continue living, the family still unplugged the patient's oxygen tube, and the family's approach was obviously contrary to the patient's idea.
After all, the family's actions have gone against the patient's subjective wishes by pulling out the oxygen tube and depriving the patient of his life.
The answer is yes, because the key point in this matter is whether the patient is still conscious, and whether the patient clearly expresses his or her thoughts when he is conscious.
First of all, the first point is that mainland law stipulates that if the patient has lost his sense of autonomy, then the child has the right to die with dignity.
The so-called dignified death refers to the advance medical directive, which means that the patient can make his or her own choice in advance before dying.
It states that if the patient has made a will before his death and voluntarily chooses to die with dignity, then the patient's choice should be respected.
However, in this case, the patient did not express his desire to die with dignity, and second, he still had a subjective consciousness. Therefore, there is no doubt that the family members of the patients who voluntarily extubated have been suspected of committing crimes.
What do you think about this matter, please leave a message in the comment area.