Such situation may arise in the transient cardiac arrest that can be managed with resuscitation and the cardio-respiratory systems kicks back to function. In addition, a patient should be confirmed dead when an extensive attempt of cardio-respiratory arrest reversal has been attempted for more than five minutes has failed. In addition, there is no central pulse on palpation, heart sounds on auscultation as well as lack of blood pressure. It can be concluded that Ms. Robaczynski did not follow all these criteria; therefore, she did active killing.
If at all, Mr. Gessner had asked to be disconnected from his respirator then Ms. Robaczynski could not have committed a crime. This is because the patients have a right to refuse treatment and would wish to have a peaceful death rather than battle with the disease. In such cases, the patient sign a legal document of “Do not resuscitate” in which a patient states that in case their heart stop, then they should not be resuscitated. Even though, DNR has several ethical debates but it is legally accepted and no healthcare provider can be convicted of a crime in following the patient instruction (Sanders, Schepp, & Baird,