Barber v. Superior Court
California District Court of Appeal
147 Cal. App. 3d 1006, 195 Cal. Rptr. 484 (1983)
Following a surgical procedure, Clarence Herbert suffered a cardio-respiratory arrest while in the recovery room. A team of physicians, including Barber (defendant), were able to revive Herbert and place him on life support. Over the following three days, it was determined that Herbert suffered permanent brain damage, leaving him in a permanent vegetative, coma-like state. Herbert’s physicians informed his family that Herbert’s chances for recovery were very poor. Herbert’s family drafted a written request to hospital personnel requesting that all life-support equipment be removed. Barber and another physician complied with the family’s request and removed the respirator and other life-sustaining equipment. Herbert continued to breathe on his own, but showed no other signs of improvement. After two more days had elapsed, the physicians consulted Herbert’s family and subsequently removed the intravenous tubes providing Herbert with hydration and nutrition. Herbert later died. Barber and the other physician were charged with murder and conspiracy to commit murder which a magistrate dismissed. The superior court set aside the magistrate’s order and reinstated the complaint. Barber and the other physician then petitioned the court of appeal for review of the superior court’s decision.
Rule of Law
Holding and Reasoning (Compton, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.