Ending Lifesaving Measures - Action or Omission?

5 Pages Posted: 13 Oct 2008 Last revised: 16 Oct 2008

See all articles by Stefan Kirchner

Stefan Kirchner

University College Cork - School of Law

Date Written: October 13, 2008

Abstract

Modern medicine has made it possible to prolong life with the help of intensive care technology. At some point, maybe because the machine in question is needed for an other patient, maybe because the medical staff is pressured by relatives who cannot deal with the situation. Under German law, turning off the machine in question will amount to manslaughter (p. 212 Strafgesetzbuch), possibly murder (p. 211 Strafgesetzbuch), possibly killing on request (p. 216 Strafgesetzbuch). In any case, the question remains whether turning off a machine to end lifesaving measures remains to an action or an omission.

Keywords: law, criminal, criminal law, medicine, intensive care, life, death

JEL Classification: K14

Suggested Citation

Kirchner, Stefan, Ending Lifesaving Measures - Action or Omission? (October 13, 2008). Available at SSRN: https://ssrn.com/abstract=1283584 or http://dx.doi.org/10.2139/ssrn.1283584

Stefan Kirchner (Contact Author)

University College Cork - School of Law ( email )

College Road
Cork, County Cork
Ireland

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
65
Abstract Views
1,160
Rank
698,480
PlumX Metrics