Is this a crime I can report? Could I report him for medical neglect?

  • HelixDab2@lemm.ee
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    5 hours ago

    There’s not a lot to go on here, so it really, really depends. Sometimes there’s an advanced directive or living will in place, and a person has already made it known that there are certain treatments that they don’t want, esp. if they’re not in a position to make the decision for themselves.

    And, BTW, everyone should do this.

    Unless you’re on really poor terms with your father, I’d suggest talking to him about this first.

  • southsamurai@sh.itjust.works
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    6 hours ago

    Declining care would not be illegal in the US. You didn’t specify where they live, so I can only give that.

    For a person not the patient to decline care, that means care was offered or suggested by a doctor or other provider.

    When a patient is unable to make their own medical decisions, that task falls to someone with the ability to make that decision legally. Exactly who gets that task varies by location, but if the patient has a healthcare power of attorney, they can name whoever they want. Otherwise, it tends to end up being a family member, and the children of the patient are going to be the first ones in line.

    Neglect would require that the person acting on behalf of the patient did not seek medical opinion when doing so would be indicated. As an example, if the patient falls and breaks a hip, that requires treatment, so would possibly be neglect if their guardian/poa/conservator/other did not act accordingly.

    But, once in the hospital, that same person could choose to decline care of pretty much any care, though a doctor or hospital has recourse if they feel the decision is outside of reason. Typically, for something acute like a broken hip, you get the hip fixed because there’s not a good reason not to.

    But something like chemo for terminal cancer, or refusing extreme care in the case of other terminal events, that’s almost always going to be in the hands of whoever has the authority to make the decision, and would not be a crime.

    There’s a lot of vagueness to this because criminal neglect is a case specific thing.

    You didn’t provide much to go on, but the child of a person making a medical decision about end of life care is normal. But that assumes the person can’t make their own decisions for whatever reason.

    Edit: this stuff can vary from state to state in the US, but it doesn’t vary so much as to be a complete difference.

    • Dr. Bob
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      4 hours ago

      Just to follow, in cases where the patient is not expected to regain consciousness it’s even possible to ethically withhold food and water to hasten passing. The decision maker has very wide latitude in deciding what is an appropriate level of care. A living will should be part of every person’s planning.

  • OtterA
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    6 hours ago

    With things like this, it would be best to reach out to a local lawyer. You might be able to find a local organization that can send you on the right path for free.

    Whether or not this is a crime will depend on the details of what happened, and where you are located (country & province/state).

    Legal advice aside, do you have someone you can talk to about her death? Such as a different family member or a friend?