The Criminal Liability of Caregivers and Institutions for the Death of the Dying Patient

1 Pages Posted: 25 May 2011  

Prof. Gabriel Hallevy

Ono Academic College, Faculty of Law

Date Written: May 13, 2011

Abstract

The question of Euthanasia has been one of the most complex social questions along the human history, especially in this era, when extending terminally ill patients' life, by modern medical means, is an easier task. Different societies and different cultures came up with different solutions to the medical, philosophical, ethical and legal aspects of this question. Legal systems around the world, settled that issue through Criminal Law, and determined, whether a physician, who prevents extending terminal patient' life, is a merciful human being, or a killer or a murderer, who should be socially banned.

This article deals with the question of Criminal Liability of the medical institution and the medical staff that prevented treatment from a terminal patient, in order to let him die, although the prevention of treatment was done legally, according to the current law. This article refers also to situations, when a terminally ill patient decides to commit a suicide, and the medical staff prevents it, contrary to the law determines that patient's will to die should be respected.

Keywords: Euthanasia, criminal law

Suggested Citation

Hallevy, Prof. Gabriel, The Criminal Liability of Caregivers and Institutions for the Death of the Dying Patient (May 13, 2011). Available at SSRN: https://ssrn.com/abstract=1840363 or http://dx.doi.org/10.2139/ssrn.1840363

Prof. Gabriel Hallevy (Contact Author)

Ono Academic College, Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

HOME PAGE: http://www.ono.ac.il

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