Reference no: EM133311510

Case Study: Following a massive stroke, Mr. Smith was transported from the rope nursing facility to a local hospital by ambulance on July 4, 2004. Smith had been living with Mr. Curry, a close friend for the previous eight years, had an advanced directive, indicating that he would never want to be placed on a respirator. Mr Smith's son, and only child Barry, who now lives in Los Angeles, and have been estranged from his father for more than 20 years was notified by Curry that his father had been immediate to the hospital in a terminal condition, Smith had mistakenly been placed on a respirator by hospital staff contrary to the directions, and he's advance directive which have been placed on the front cover of Smiths medical chart, curry, who was legally appointed by Smino to act as he's healthcare, surrogate, decision maker call Barry, and explain that, according to his father's wishes in advance directives, he was planning to ask hospital staff to have the respirator removed. Barry. Ask her to wait until he flew in from California to see his dad. Curry agreed to wait for berries arrival the following day at the arriving at the hospital, Barry told her that he would take responsibility for his fathers care, and it courier services would no longer be needed. Barry told hospital staff that he objected to the hospitals plan to remove his father from the respirator. He said that he needed time to say goodbye to his dad, which he did by whispering his message in his fathers ears Smith, however did not respond. Barry demanded that the hospital do everything that he could to save his fathers life saying I don't know if that hurt me. We have to wait until he wakes up so that I can tell him how sorry I am for not having stayed in touch with him over the years. Smiths physicians, explain to Barry that there was no chance Smith, whatever, awaken out of his coma, bury threaten legal action. If the hospital did not do everything he could to keep his father alive Smith's position again spoke to Barry about the futility of maintaining his father on a respirator Barry remain uncooperative. The hospital. Chaplain was called to speak to Barry but had little success. Finally, hospital staff requested an ethics consult.

Question 1. Who in this scenario is legally liable to make decisions on Mr. Smith's behalf?

Question 2. What would likely happen if Curry refused to allow Barry to take over? Would he be justified in doing so?