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A dear friends daughter was in car accident, she was taken to local Missouri trauma hospital.  She was admitted and is on Life Support.  The Doctors have said that she has only a very small brain wave on left side of her brain and the rest of her brain is dead and will never live without around the clock care.  As a family they decided to remove the Life Support and informed the doctors.  One doctor which was the admitting doctor has said she is young and beautiful and refuses to remove the life support.  Originally he said lets remove the sedation and after 55 hours would then go ahead and remove support then after the 55 hours he has now decided we needed to wait another 20 days or so.  They have turned the ventilator down and she breaths for a short time with no trouble but less than an hour begins to struggle.  There has been absolutely no improvement since the 1st day she was admitted.  She did not have an Advanced Directive but has always said she would never want to live unable to take care of herself.   Nurses even the Neurologist have told the parents if she would live she would be in a vegetative state the remainder of her life. So my question is does 1 doctor have a legal right to refuse to remove support? The family is having a very hard time and then have to deal with a doctor that will not even listen to them and now refuses to even meet with them. 

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Missouri allows for the terminally ill to terminate their artificial nutrition and hydration, so long as the wish to end their treatment is proven with “clear” and “convincing” evidence outlined in the case of Cruzan v. Director, Missouri Department of Health 497 U.S. 261 (1990).  Absent a medical directive, the doctor can legally refuse.  If the family wants to push it, they will have to seek a court order to have life support terminated.  I'd suggest they consult local counsel. 

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I make a guess

I am not really if she is in state of unconsciousness..

 

does unconsciousness equal to PVS? 

I don't know  ,perhaps slightly different.

 

But I just report what I  read through.

Recently I look into judgment in California , about persistent vegetative state patient. 

Regarding about Persistent Vegetative State patient, removing nutrient and hydration ,  one need to be able to show

the clear and convincing evidence, that is patient "will".........I would imply that mean more witness or paper scripts.. evidently shown.

Court also sometimes, need to further proved whether it would be patient's best interest..
 

which is sometimes hard to prove....

 

But in other judgment ,different cases with different story , 

 

if patient, was  not  in persistent vegetative state, , and still has ability of sensing surrounding ,perceiving surrounding, not considered as brain being dead, those nutrient and hydration fluid shall not be terminated.

 

Court may  viewed and concluded cases differently.

 

sorry I donnot know if that apply to Missouri, ...probably not

but may consider it  as  reference. index

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