Barber-Nejdl (Clarence Herbert)

Doctors Nejdl and Barber were charged with murder and conspiracy to commit murder following the death of Clarence Herbert. Herbert went into cardiac arrest following routine surgery. After being on a respirator for three days, the doctors concluded that Herbert would not recover consciousness. His family consented to removal of the respirator; Herbert continued to breathe on his own. After two more days, and with family consent, the patient’s intravenous lines providing nutrition and fluids were removed. The patient died several days later. Charges against Nejdl and Barber were eventually dismissed. The court stated that in the case of a "permanently unconscious patient," decisions should be based on whether potential benefits outweigh the expected burdens. The court also found that in the absence of legislation to the contrary, family members could act as appropriate surrogate decision-makers even if they are not legal guardians. [Source: 195 Cal. Rptr. 484 (1983).]

Principles & Concepts: substituted judgment, best interests, informed consent, proportionate/ disproportionate means.

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