Law Question

[BHAMBARONS]

Question:

 

Person fires a gun into a Lincoln town car, the bullet hits the driver in the head, at the hospital a neurosurgeon runs an apnea test, the doctor believes the person is brain dead with a DNR order so he harvests the organs for transplant and saves 2 people’s lives. What are the charges and the prison time that will follow?

[Flash Tizzle]

Are you asking for our true opinion, or is this a trick question? I'll assume it's legitimate.

 

Many factors have to be taken into consideration. First, which state do these "charges" occur--different states have different statutes for determing sentencing. Most importantly (from what I gather) is the doctor responsible for terminating life, unless given notification from family members to remove necessary medical components, would be charged with negligence. A malpractice lawsuit would likely ensue.

 

The manner in which the question is worded is strange. Almost similar to riddle you'd find. What purpose does it serve to include the initial shooting without notice of an arrest? I believe the reference to the number of people saved gives me a good indication it's likely the doctor whose responsible. My feeling is most people would read the excerpt, notice two people were saved, and assume it was acceptable for the doctor to harvest the organs.

 

This reminds me of one of the questions I'd come across during an exam where I couldn't be sure if I was overanalyzing, and when the answer was later given, it was something so simple I overlooked it.

Edited January 25, 2006 by Flash Tizzle

[BHAMBARONS]

Are you asking for our true opinion, or is this a trick question? I'll procede assuming it's legitimate.

 

Many factors have to be taken into consideration. First, which state do these "charges" occur--different states have different statutes for determing sentencing. Most importantly (from what I gather) is the doctor responsible, unless given notification from family members to remove necessary medical components prolonging life, would be charged with negligence. A malpractice lawsuit would likely ensue.

 

The manner in which the question is worded--most noteably the number of people saved-- gives me a good indication it's likely the doctor whose responsible. It has no relevance to the original shooting, yet is included anyways. My feeling is most people would read the excerpt, notice two people were saved, and assume it was acceptable for the doctor to harvest the organs.

 

 

Yep right on I was able to get right by breaking it down into several questions. The answer like you said was the doctor is at fault under Bama law he would be charged with murder 2 the shooter would get criminaly neg homicide. I was told I was the only one to get it right which suprised me. Also I was told this was a true case from Montgomery, Alabama and that is why it was used.

Edited January 25, 2006 by BHAMBARONS