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LEGMED Legmed-Atty. Arizala2 .
LEGMED Legmed-Atty. Arizala3 .
Smith … Held: … a person. is still alive! LAWS ON SUCCESSION comparo: Medical DEATH continuing process The ceasing to exist of such animal and vegetative functions concerns of post-mortem care Legal DEATH precise event Civil personality is extinguished by death (Art. disease or combination of both. o DONOR CARD or any o LEGAL DOCUMENT The Philadelphia Protocol legal consequences of brain death: CIVIL CODE: BRAIN DEATH: OTTAWA PROTOCOL IRREVERSIBLE COMA Pupils dilated and non-reactive to light Absence of deep reflexes Absence of circulation Absence of respiration Flat electro-encephalogram The civil personality of a natural person is extinguished by death (Art. disease or combination of both responsible for initiating the trend or disturbance. IMMEDIATE Thomas vs. Smith was in a state of irreversible coma from day one. brief or prolonged. if breathing. CAUSE OF DEATH The injury. Anderson Smith vs. 89) RULES OF COURT: The civil case for claims which do not survive is dismissed upon death of the defendant who determines brain death? “TWO-PHYSICIAN RULE” FOR TRANSPLANTS: 2 PHYSICIANS plus one NEUROLOGIST or NEUROSURGEON Legmed-Atty. Arizala4 . though unconscious. she might as well be declared as having died simultaneously with Mr. Smith Arguendo: Since Mrs. which produce the fatal termination. Hospital French Council of Ministers … there is no opportunity for sequelae or complications to develop “ probably” PROXIMATE … injury or disease was survived for a prolonged interval which permitted the development of serious sequelae. 42) Transmission of properties to his heirs at the time of death (Art. Smith LONDON Christian Barnard-World’s first successful heart transplant BRAIN DEATH o o o Philadelphia Protocol Ottawa Gen. 1919) REVISED PENAL CODE: The criminal liability of a person is totally extinguished when his death occurs before final judgment (ART. 42. “instantaneous” degree of certainty as to the cause of death When the structural abnormalities established beyond doubt the cause of death When there is a degree of probability amounting to almost certainty as to the cause of death When cause of death is established primarily by historical facts which are confirmed by anatomic or chemical findings When neither history nor clinical findings is sufficient to determine the cause but merely allows us to speculate Smith vs. NCC) concerns of Succession quo vadis after brain death? THE RIGHT TO DIE LEGAL CONSEQUENCES OF DEATH ORGAN HARVEST AND TRANSPLANT wither thou goest my mortal remains? the right to die “TRIAD of CONSENT” may be invoked by the patient through a: o LIVING WILL.LEGMED Medico-Legal Aspects of: History: BLACK’S DICTIONARY – o o the ceasing to exist The ceasing to exist of such animal and vegetative functions of a human being CAUSE OF DEATH: the injury. 774) One of the causes of dissolution of a partnership agreement (Art. 1830) Death of either the principal or agent extinguishes the agency (Art.
That death ensued within a reasonable time. Arizala5 . hospital or organ bank Legmed-Atty. RPC … although the wrongful act done be different from which he intended EUTHANASIA Art. 4. unless there is actual notice of contrary intention or by the next-of-kin in the order of hierarchy called the “LEGAL SURROGATE” RECIPIENTS: any specified individual.LEGMED Classification of Death violent natural DEATHS OF MEDICO-LEGAL CONCERN: o o o o o o violent deaths VIOLENT ACCIDENTAL SUSPICIOUS UNDETERMINED SUICIDAL UNATTENDED Those due to injuries inflicted in the body by some forms of outside force. No. No. 2. RPC The court having in mind the social danger and degree of criminality shown by the offender… Did the person die of a natural cause and were the physical injuries inflicted after death? What if death was accelerated by the violence? Art. on combined violence and natural causes: Art 4. If under 18. 3. ELEMENTS of VIOLENT DEATH: 1. That death may be expected from the physical injuries. RPC “Giving Assistance to Suicide” Did the victim die of a natural cause independent of the violence inflicted? o the accused will not be held responsible for the death but merely for the physical injuries he inflicted OF 1991 THE ORGAN DONATION ACT Don’t take your ORGANS to heaven. The physical injury must be the IMMEDIATE or PROXIMATE Cause of death. must be with parental consent binding as a mandatory directive written in a PUBLIC INSTRUMENT. 2. 253. Heaven knows we need them HERE!!! THE “LIVING WILL” May be executed by any person 18 yrs or over with a sound mind. That the victim at the time of infliction was healthy. RPC Which would be an offense against persons and property were it not for the inherent impossibility of its accomplishment… Art. 1. 59.