Barber v. Superior Court

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Barber v. Superior Court
California Court of Appeal, Second District, 1983
Author: Secret Helper

Facts: The defendants in this case were 2 physicians who performed surgery on the deceased. After the surgery, the patient went through a cardio-respiratory arrest and that sent him into a vegetative state. The patient was placed on life support equipment. After copious tests by medical experts, it was concluded that the condition of the patient was not going to improve. With the approval of the family, the defendants removed the respirator, but the patient continued to breathe on his own but did not show any signs of improvement. Then the nutrition tubes were removed and in about 2 days, the patient died.

Procedure: Defendants were charged with murder and conspiracy to commit murder. After preliminary hearing, the magistrate ordered the complaint dismissed. On the motion of the People, the superior court ordered the magistrate to reinstate the complaint.

Issue: Were the defendants guilty of murder and conspiracy to commit murder under the given circumstances?

Holding: No

Some Important Stuff: Murder: “the unlawful killing of a human being, …with malice aforethought.”

Rationale: The actions of the defendants were not affirmative but rather withdrawal or omission of further treatment. The medical doctors all came to the conclusion that the condition of the defendant was not going to improve and any further treatment, no matter how painless, will be considered disproportionate. In this case, the wife was the surrogate of the deceased and the defendants acted with here permission. The family acted out of nothing but love for the patient. Since a physician has no duty to continue treatment once it has proved to be ineffective, the defendants cannot be held liable for their actions.

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