Family's Request to Keep Brain Dead GTA Woman on Life Support Denied
The 27-year-old woman was ruled dead on September 20, 2017, after a drug overdose.
“The medical determination of death cannot be subject to an individual’s values and beliefs,” reads Shaw's report.
“Death is a finding of fact. To import subjectivity to the definition of death would result in a lack of objectivity, certainty and clarity.”
McKitty was reportedly found on a Brampton sidewalk.
Her parents argued that the Christian faith defines death as when the heart stops, and that doctors should take people's beliefs into consideration before delcaring them dead.
McKitty's family was hoping the hospital would rescind the death certificate, something that's fairly unprecedented in Canada.
Shaw dismissed the faith-based arguments in her findings.
While there is no legal definition of death in Ontario, doctors generally follow the principle that that a person is considered deceased when his or her brain or heart ceases to function.
According to The Canadian Press, McKitty’s family has 30 days to appeal. An injunction keeping her on life support will remain in place for the 30-day period.
The family’s gofundme page claims that legal expenses are costing them $80,000.
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