A living will may not be a flat rate, decided by the Federal court. However, witness statements may be taken into account. A woman in a coma may die. Gigi Deppe introduces the case.
In may 2008, a then 68-year-old woman from the area of Freising has suffered a stroke. She fell into the coma. For the past ten years, it is a care case. A month after the stroke, she was able to speak again and say she wanted to die. She had also completed ten years prior to the stroke patient.
As the son who is her guardian, 2014 in the court of the application introduced, the artificial feeding and to let them die, refused, the regional court of Landshut. The judges in the patient’s clearly was not enough. Also the husband of the woman was that her life is ended. Since then, there is a lot of dispute about this document.
the case was several times> new <p class="text small" rolls out, The woman had written in to the patient: "Active euthanasia I reject." The Bavarian judge so understood: she wanted no action. They are not wool, so that the artificial diet is set.
The will of the patient counts, and he should write down as precisely as possible.
The Federal court of justice, where the matter in 2017 existed, but said: you do not need to understand. It can also be differently interpreted. The Supreme court sent back the case for re-decision to Landshut.
The district court ruled then, last February: The patient is fairly flat and there is contradictory formulations. The woman have said to several witnesses that she did not want to be artificially fed, and they believed themselves secured for this case, by the patient. So the Whole had to be understood as the artificial feeding is to be set.
will of the patient must be recognizable
The husband did not want to accept this, and lodged a complaint The case ended up back before the Supreme court. Gave now the regional court of Landshut, Germany back cover: The judge there, would have checked everything extensively and carefully. The document was binding. Again, the court says: A living will should not be too flat – only to ask, “would allow for full Die,” or “no life support, require measures”. It wouldn’t be enough. It should always be recognizable, in which the specific treatment situation what is to be done.
You could. but the requirements also do not span, as the Supreme court A Patient could not have guessed the course of his disease. The statements of the witnesses should be taken into account in any case, even if a living will exists. As here, the witness would confirm what was indicated in the deed already statements.
With this decision of the BGH, it is a little easier to follow patients ‘ orders, even if they are not quite perfect. The son must give as the supervisor of the woman to her will from the living will now. You must die.
reference: XII ZB 107/18
BGH: euthanasia in case of unclear patients available
Gigi Deppe, SWR
13.12.2018 10:46 PM
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BGH: euthanasia in case of unclear patients , Gigi Deppe, SWR |audio Atlas |Germany |Karlsruhe
