This section contains the nature of the case and procedural background.

Herbert underwent surgery and then suffered a cardio-respiratory arrest while in the recovery room. He was immediately placed on life support. The family was informed and they determined that the life support equipment should be turned off based on the diagnosis that the chances for recovery were very poor. Herbert was in a deep coma and suffered from severe brain damage leaving him in a vegetative state with a small amount of brain activity. The family drafted a request to have the equipment turned off. The equipment was removed but Herbert continued to breathe on his own. A decision was made to remove the feeding tubes. Herbert was attended until he died. The doctors were charged with murder and conspiracy to commit murder. The magistrate dismissed the charges, and they were reinstated by the superior court. The Ps appealed.

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