AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have a master's degree in bioethics which inlcudes medical and research ethics. In addition to a law degree, I have a doctorate of philosophy in comparative ethics involving medicine, law and business. I also am an Adjunct Professor at a medical school.
I can answer questions related to the ethics of withholding, instituting or withdrawal of life support.
Experience Experience in the area I have been a practicing trial attorney since 1989 plus I have a master's degree in bioethics and a doctorate of philosophy regarding comparative ethics. I am also an Adjunct Professor at a medical school where I teach current providers and students medical ethics.
Organizations State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question If, based on medical opinion that a patient may fully recover, a surrogate overrides a living will that expressly requests no artificial ventilation, will the decision bar the surrogate from later requesting that the artificial ventilation (or other artificial respiration) be withdrawn because the patient has continued in a non-responsive, vegetative state?
Answer Evalyn,
I cannot answer this from a legal perspective since I don't know where the events occurred, if real, and cannot give legal advice if I am not licensed in that jurisdiction.
From an ethics standpoint, a surrogate should not be able to override a living will that indicates the patient does not wish to be ventilated. The actual patient request should be paramount in the provider's decisions and the ventilation should not occur. If a ventilator is then utilized anyway, the provider should withdraw the ventilation based on the expressed wishes of the patient. The surrogate's previous decision should not detract from what the patient wanted in the first place.
A patient expression, such as a living will, should be the first and foremost decision which a provider accepts from an ethical standpoint.
