• G Bauer.
• Institut für Gerichtliche Medizin, Universität Wien.
• Wien Med Wochenschr. 1987 Dec 15; 137 (23): 533-42.

AbstractNowadays, in almost all cases of clinical death, there is at least a remote chance of resuscitation, of restoring breathing and circulation by means of modern methods of cardiopulmonary resuscitation. Statistically, there are more cases of cardiocirculatory arrest due to an internal cause than to a traumatic cause. Just as medical activity in general, resuscitation is increasingly discussed in its legal and ethical aspects. The duty to exercise due care and proper qualification require a very specific approach in the case of resuscitation, as the chain of persons potentially involved in life saving stretches from the medical layman to the specialist trained to deal with emergency situations. As opposed to conditions in other countries, in Austria the duty to render aid and assistance as statutory provision of the penal code can be of great importance in such cases. Criteria and definition, especially in the ad hoc establishment of death, assume a special significance in resuscitation. Over the past years, resuscitation measures within the complex of the procurement of death have repeatedly been put up for discussion. Examples from US judicature may help to define the problem more clearly and also to offer solutions for similar cases. Such decisions should essentially be guided by the consideration of the presumed will of the patient who no longer is in a position to exercise the right of self-determination.

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