Court upholds coma patient`s right to die
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2010-03-30 16:07
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An appeals court yesterday allowed the removal of the life-support machine from a patient in a permanent vegetative state, upholding a lower court`s ruling last November.
The Seoul High Court ordered Severance Hospital to remove the respirator from 76-year-old Kim Ok-kyung, who has been in a coma since a pneumonia operation last February, according to officials.
"In consideration of constitutional human dignity and rights to personal decisions, such artificial acts of life-prolongation should be allowed to be discontinued," said a judge in the ruling. "However, such a decision should only be made under limited circumstances, as to prevent any rash discontinuance of medical treatment."
A patient should be beyond any possibility of resuscitation and in a situation where life-support is merely a means of preventing impending natural death, said the court.
"With the patient unable to express her will, we reached our decision by referring to her life experiences and words," said the court.
Kim had told her children not to keep her on an artificial life-support machine according to family members. Three years ago, she also refused a life-saving operation on her now deceased husband, accepting a natural death.
Only a licensed physician may remove a life support system, said the court.
The court added a note to its ruling, bidding the public not to distort the gist of the decision.
"We sincerely hope that this ruling will not be misinterpreted to belittle the efforts and pain of patients, their families and the medical staff," said the ruling judge. "Today`s ruling should never be used to pressurize patients and their families to give up their medical treatment."
The Christian foundation-affiliated Severance Hospital will appeal the case to the Supreme Court for a final decision, hospital officials said.
By Bae Hyun-jung
(tellme@heraldm..com)
The Seoul High Court ordered Severance Hospital to remove the respirator from 76-year-old Kim Ok-kyung, who has been in a coma since a pneumonia operation last February, according to officials.
"In consideration of constitutional human dignity and rights to personal decisions, such artificial acts of life-prolongation should be allowed to be discontinued," said a judge in the ruling. "However, such a decision should only be made under limited circumstances, as to prevent any rash discontinuance of medical treatment."
A patient should be beyond any possibility of resuscitation and in a situation where life-support is merely a means of preventing impending natural death, said the court.
"With the patient unable to express her will, we reached our decision by referring to her life experiences and words," said the court.
Kim had told her children not to keep her on an artificial life-support machine according to family members. Three years ago, she also refused a life-saving operation on her now deceased husband, accepting a natural death.
Only a licensed physician may remove a life support system, said the court.
The court added a note to its ruling, bidding the public not to distort the gist of the decision.
"We sincerely hope that this ruling will not be misinterpreted to belittle the efforts and pain of patients, their families and the medical staff," said the ruling judge. "Today`s ruling should never be used to pressurize patients and their families to give up their medical treatment."
The Christian foundation-affiliated Severance Hospital will appeal the case to the Supreme Court for a final decision, hospital officials said.
By Bae Hyun-jung
(tellme@heraldm..com)
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