Citation

Wests North West. Rep. 1989; 435: 530-536.

Copyright

(Copyright © 1989, Thompson West)

DOI

unavailable

PMID

12041136

Abstract

Duane Olson was charged with his infant son's death. Pronounced "brain dead" at the hospital, the baby was placed on a respirator. Doctors later disconnected the respirator given the infant's terminal state. Olson moved to dismiss the complaint, claiming that the cause of death was the respirator's removal. The trial court denied this motion. Upon review, the Supreme Court of Minnesota was presented with the issue of whether brain death constitutes death under Minnesota's homicide statute. The court ruled that an answer was unnecessary for adjudication. The cause of the baby's death could be determined without defining death. Evidence required to prove homicide was the same as that needed to prove Olson's actions were the substantial contributing cause of death. Removal of life support did not cause a death that would not otherwise have occurred.

Language: en