Question

question: How should this case be resolved? What resolution(s) do you suggest,

and why?

fact pattern:

Barbara and Yvette are partners. At the start of their relationship, they agreed to marry only when all same-sex couples in every jurisdiction could do the same. Just last month, the couple finally and excitedly began to plan their wedding. Barbara and Yvette periodically discussed death over the course of their 15-year relationship. Both expressed a strong opposition to “being kept alive by artificial measures in the face of medical futility.” For Barbara, her quality of life hinges on her ability to talk and write music; for Yvette, it is her ability to dance and walk. Barbara and Yvette get into a terrible car accident. Other than some minor cuts and bruises, Barbara walks away unscathed. Yvette—the driver—is comatose and incapacitated. The doctors believe Yvette will come out of her coma; however, they suspect she may suffer long-term cognitive deficits due to cerebral hypoxia. They are also uncertain if she will regain the use of her legs.Yvette’s only family is her sister, Melody. While the two are friendly, they have never been particularly close. After the accident, Barbara calls Melody. Melody arrives at the hospital and demands that the medical team keep Yvette on the ventilator. Melody argues that Yvette not only has a valid medical care directive, but that Yvette designated Melody her health care proxy, not Barbara. Melody also claims that while Yvette may have told Barbara something else, Yvette’s medical care directive states that in the event of serious illness or injury, Yvette wanted all aggressive therapies and life-sustaining measures to be completely exhausted before “pulling the plug.” After 48 hours of searching and inquiring with Yvette’s lawyer, friends, distant family, primary care doctor, other health care providers and bank, Yvette’s medical care directive and other documentation are nowhere to be found. Barbara and Melody cannot reach an agreement as to what “Yvette would have wanted.” Yvette’s physicians are reluctant to remove the ventilator. Not only are the doctors troubled by the Barbara and Melody’s divergent beliefs about Yvette’s end-of-life care wishes, they remain unsure about Yvette’s prognosis

Answer 1

Since, there is a big confusion about what to be followed and there are two divergent beliefs about Yvette’s end-of-life care wishes most probably the solution would be in support to Melody because their is proof for her being the health care proxy for Yvette based upon the written documentation - advance directive. If the problem does not get sorted at this level then it should be handed over to the law to decide on the matter .