Legal and Ethical Ramifications of Withdrawal of Life Support Systems from Incompetent Patients

Developments in medical technology and medical science have revolutionised modern medical practice of the past two decades and have created novel ethical and legal dilemmas for medical practitioners. This paper will discuss one of the most contentious legal issues associated with medically indicated withdrawal of life sustaining treatment from incompetent patients, where such discontinuance will inevitably bring about death, namely, the question of criminal responsibility of doctors who decide to undertake such termination.1 Critical to the doctors' legal liability is the attribution of the cause of death. If the patient's death in such circumstances is legally attributed to the underlying condition, then, in the absence of negligent conduct on the part of the treating personnel, no legal liability will follow. If, however, the cause of death is legally attributed to the doctor's conduct in disconnecting life support system, the possibility of criminal sanctions will arise.