Summary

Dr. MC Gupta throws light on yet another query about the decision of removing a patient's ventilator in certain critical situations after receiving consent from the relatives caring for the patient.

Is it legally allowed to take off ventilator with relatives consent; if the relatives responsible for the patient's welfare give informed consent?

Dr. MC Gupta answers

There is no question of A giving consent for B’s death. If relatives want the ventilator to be taken off, they need High Court permission in terms of Aruna Shanbaugh case. However, if the patient himself wants the ventilator to be taken off, that’s fine:

A—If the patient is adult, conscious and of sound mind, he can refuse permission for the ventilator and the hospital etc. are legally bound to honour his wish and cannot force the ventilator on him.

B-- If the patient is incapable of giving consent but has given, when conscious, an advance directive not to use ventilator, the hospital etc. are legally bound to honour his wish / advance directive and cannot force the ventilator on him.

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The writer, Dr. MC Gupta is a practising lawyer specialising in medical negligence cases. He also has an MD Medicine from AIIMS, Delhi where he also worked as a faculty member for 18 years, later working another 10 years as a Professor and Dean at National Institute of Health and Family Welfare, New Delhi, before pursuing law.