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Determination of Death

Summary:

Joly grabbed a trauma gown and followed her out into the ambulance bay to meet the ambulance that screeched to a halt, its lights blaring. “Unrestrained driver,” one of the paramedics reported. “Lost control of the vehicle and crashed head first into oncoming traffic. Nonresponsive at the scene, and we’re gonna need a tox screen – we think she might have been drinking.” 

“I got this one,” his colleague told him. “Go deal with the second ambulance.”

Joly nodded and jogged over to the second ambulance. “What do we—” he started as the paramedic shoved a clipboard at him, but his question died in his throat as he saw who was strapped down on the gurney.

It was Enjolras.

Notes:

Because it has been too long since I inflicted serious pain on the fandom :)

Split into two parts because the first part got long. Part 2 should be up sometime later this week.

Usual disclaimer. Please be kind and tip your fanfic writers in the form of comments and/or kudos!

Chapter Text

Joly sighed, staring longingly up at the clock in the emergency room as if he could somehow force it to jump ahead four hours to the end of his shift. Not that he would ever voice the thought out loud, since doing so was the surest way to jinx it, but it had been a quiet night, and this was his last scheduled overnight shift in the E/R for at least a few weeks.

He tapped his pen against the counter, idly wondering if he could maybe sneak out a few minutes early and surprise Bossuet with breakfast in bed. Suddenly, another doctor ran past, donning a trauma gown, and Joly immediately straightened. “What do we got?” he asked urgently.

“MVC,” the other doctor called over her shoulder, using the acronym to indicate a car crash. “Multiple victims incoming.”

So much for a quiet night.

Joly grabbed a trauma gown and followed her out into the ambulance bay to meet the ambulance that screeched to a halt, its lights blaring. “Unrestrained driver,” one of the paramedics reported. “Lost control of the vehicle and crashed head first into oncoming traffic. Nonresponsive at the scene, and we’re gonna need a tox screen – we think she might have been drinking.” 

“I got this one,” his colleague told him. “Go deal with the second ambulance.”

Joly nodded and jogged over to the second ambulance. “What do we—” he started as the paramedic shoved a clipboard at him, but his question died in his throat as he saw who was strapped down on the gurney.

It was Enjolras.

The paramedic was telling him something but it was as if Joly had gone temporarily deaf as he stared down at Enjolras, barely recognizable from the injuries he had sustained. Joly catalogued all the injuries he could see with a sort of vague detachment as if he was seeing them on someone other than one of his closest friends, the man he had vowed to walk through fire for.

Penetrating head trauma. Multiple facial lacerations. Chest and pelvis crush injuries. Open tibia fracture. Almost guaranteed massive internal injuries.

It was a miracle Enjolras was still alive, and Joly’s hands started shaking so badly that he dropped the clipboard the paramedic had handed him. “Dr. Joly?” someone was asking, and Joly just shook his head violently and turned away to empty his stomach on the pavement of the ambulance bay.

Christ, he hadn’t puked at the hospital since he was an intern.

He wiped his mouth with the back of his still-shaking hand and straightened to find his colleague gripping his arm and staring at him with clear concern in her eyes. “I’m sorry,” Joly whispered. “I just...he’s a friend.”

Understanding crossed her expression, and she nodded. “Ok,” she told him, her voice calm, soothing. It was the voice they used for hysterical family members, and Joly hated her a little bit for using it on him. “Get in touch with his emergency contact, get them to the hospital. You can brief them when they get here, ok?”

“I want to help—” Joly started, but she shook her head before he could even finish his sentence.

“You’re not a doctor right now. You’re a loved one.” She hesitated for just a moment before adding, with genuine sympathy, “I’m so sorry.”

He hated her even more for that.

Then she was gone, she and the paramedics whisking Enjolras inside to do what they could – if there was even anything that they would be able to do.

And Joly had nothing left to do but to call Combeferre and tell him the worst news he had ever had to deliver.


 

It was now four hours past when Joly had been supposed to get off of work, and there was no indication that he would get to go home anytime soon. All of Les Amis had trickled in during the night and were now all camped out in the waiting room, eager for whatever news Joly could tell them.

But unfortunately, he had nothing that he could tell.

He pulled his scrub cap off as he slowly made his way over to where they were all waiting, trying to school his expression to something less grim, but judging by the way Courfeyrac’s smile slid off his face as soon as he saw him, he hadn’t succeeded. “How is he?” Combeferre asked, scrambling to his feet.

Joly swallowed. “He’s alive,” he said shortly. “That’s all that I can tell you right now.”

Combeferre and Courfeyrac exchanged glances. “What the hell are you talking about?” Courfeyrac asked, uncharacteristically blunt. “What do you mean, that’s all you can tell us?”

“I mean that I am required to tell Enjolras’s family first before I can share any details.”

Combeferre’s expression was ashen but Courfeyrac’s eyes flashed. “We are his family,” he started hotly, but Combeferre shook his head and squeezed Courfeyrac’s arm.

“Pontmercy,” he said, a little hoarsely. “We need to call Marius. He’s everyone’s power of attorney, remember? He can authorize them to share medical details with us.”

Courfeyrac quickly dug his cellphone out his jeans pocket, dialing Marius’s number from memory. “Come on, come on,” he muttered urgently as he waited for Marius to pick up. “Come on, damnit.”

A pile of coats that had been tossed onto a chair suddenly seemed to stand up of its own accord, and Marius emerged from under them, blinking owlishly as he clearly had just woken up. “Sorry, m’here,” he said between a yawn, and Courfeyrac looked like he was torn between wanting to hug him or throttle him.

Combeferre didn’t let him do either. “You’re Enjolras’s power of attorney, right?” he said in clipped tones.

Marius ran a hand over his face and blinked once more before nodding. “Yes,” he said.

“Then tell Joly that he can share medical details about Enjolras with all of us.”

Marius winced. “Ah,” he said. “Um, there’s a bit of a problem with that. I’m Enjolras’s power of attorney for certain things, mainly related to his estate and his trust fund, but I’m not designated as Enjolras’s medical proxy.”

Courfeyrac looked between Marius and Combeferre, his eyes wide. “What does mean?” he asked, a little faintly. “Who would make the decisions if Enjolras didn’t designate a medical proxy?”

“Well, generally speaking, the closest blood relative would—”

“His parents?” Courfeyrac interrupted, horrified. “He hates his parents!”

Marius shook his head. “No, I’m sorry,” he said quickly. “The problem isn’t that Enjolras didn’t designate a medical proxy, so we don’t have to worry about that.” He winced again. “The, uh, the problem is that he did. And the designation is still legally binding.”

“Who?” Combeferre asked, his brow furrowed.

Marius just gave him a look. “You know who.”

Realization crossed Combeferre’s face, followed by something like rage. “You’ve got to be fucking kidding me.”


 

Grantaire had been, up until that moment at least, thoroughly enjoying his evening. He had been hit on not once but twice at the bar, and had decided to take the second one, a thin, blond man (because Grantaire had always had a type, damn it), home for the night. They were right in the middle of making out like teenages on Grantaire’s couch when his phone rang.

Grantaire groaned and pulled away to reach for his cell, but the blond – Shane? Brendan? something? – pushed him back against the couch. “Ignore it,” he whispered before sucking on Grantaire’s earlobe.

He was only too happy to comply, but unfortunately, his phone had other ideas, ringing repeatedly until the best makeout session in the world wouldn’t have been able to hold his attention. “Let me just get rid of whomever this is,” he said, holding the man on his lap in place with one arm while reaching for his phone with the other. “Someone better be dying,” he said in lieu of a greeting, followed by a very confused, “Pontmercy?”

His brow furrowed as he listened to Marius, and he abruptly pushed the man off his lap, standing up and looking wildly around his apartment. “Yeah, ok,” he said. “Yeah, I’ll be there as soon as I can.” He hung up and threw his phone down on his couch. “You need to go,” he told the guy he’d brought him, unusually brusque. “I have to get to the hospital.”

“Oh no, is everyone alright?” the guy asked, reaching out for him, but Grantaire brushed him aside, grabbing his shirt from where he had tossed it earlier. 

“No,” he said shortly. “It’s my husband. He was in a car accident.”

“You’re married?” the guy asked, sounding almost offended by the thought.

Grantaire closed his eyes for a brief moment, wondering how he had got himself in the position of needing to explain this to a one-night stand. “No, I mean my ex-husband,” he said with a sigh.

“You’re divorced?” the guy asked, sounding even more disgusted by that.

“You know what, I don’t really have time to debate this with you, so while I’m sure you would have been a great lay—” Sudden pounding on Grantaire’s door cut him off and he groaned. “Great,” he sighed, hurrying over to open his door.

He was only a little surprised to see Combeferre standing there. “What are you doing here?”

“You weren’t answering Marius’s phonecall,” Combeferre said shortly.

Grantaire rolled his eyes. “Yeah, well, I did, and I’m getting ready to go to the hospital, so you can just—”

Before he could finish telling Combeferre exactly where he could go, the guy he’d brought home snuck past him, pausing to kiss his cheek and tell him breathlessly, “Call me when you’re back from dealing with your ex.”

Combeferre watched him leave, his expression stony. “Nice,” he told Grantaire, who rolled his eyes again.

“You have no right to judge me,” he snapped. “Enjolras and I have been divorced for longer than we were married, so I’m allowed to do whatever and whomever the fuck I want.”

“Yeah, well, about that,” Combeferre started, and Grantaire frowned.

“What?”


 

“What?” Grantaire said, his voice cracking. “What the hell are you talking about?”

Marius quailed slightly under his glare. “Well, see, the thing about it is—”

“Enjolras and I got divorced!” Grantaire interrupted loudly. “I signed the damned paper!”

“You did,” Marius told him. “But Enjolras didn’t.” Grantaire’s mouth opened but no sound came out, and Marius continued, “He didn’t sign them, and he didn’t file them, so legally, you two are still married. And legally, you’re still his next of kin.”

Grantaire shook his head, but he still couldn’t seem to manage any words, and Marius reached out to grasp his shoulder. “We can talk through this more later but for now, Joly needs to talk to you.”

Without waiting for Grantaire to reply, Marius spun him around to face Joly, who looked exhausted. “C’mon,” Joly muttered, glancing at all their friends, who were staring expectantly at them. “Let’s talk over here.”

He jerked his head towards a meeting room off of the waiting room, and Grantaire numbly followed. Joly pulled the door open and stepped back to let Grantaire walk in first before following him in, closing the door after them. “So,” Joly started, but Grantaire shook his head.

“No, before you start, I just want to say…” He trailed off, then took a deep breath. “Despite the circumstances, it is really good to see you. I know Enjolras got you and Bossuet in the divorce, but—”

Joly let out what might have been a wordless sob, surging forward to wrap Grantaire in a fierce hug. Grantaire froze before slowly patting Joly on the back. Then, abruptly, his hand froze. “Wait,” he said, his chest tight. “This isn’t a good hug, is it.”

He didn’t say it like a question but Joly still shook his head as he pulled back, his eyes wet and red. “No,” he said hoarsely. “No, it’s not a good thing. It’s—” He broke off and shook his head, his tone turning professional. “It’s not good, R. Enjolras suffered severe internal injuries, but those—”

Again he broke off, but this time, he didn’t seem able to start again. Grantaire swallowed and nudged him gently. “But those?” he prompted softly.

Joly shook his head once as if to clear it. “The internal injuries were severe but probably not fatal,” he said tonelessly. “But he suffered massive head trauma. Part of his skull was broken in the crash and his brain swelled drastically, and likely irrevocably.” 

Grantaire reached out wordlessly to grasp the back of a chair, his entire body shaking uncontrollably. “Oh,” he managed finally as he stared unseeingly at the wall in front of him.

Joly quickly wiped a tear off his cheek and cleared his throat. “I know that this isn’t what you expected to be dealing with, but as Enjolras’s next of kin, you have some decisions to make.”

“He’s an organ donor,” Grantaire said hollowly. “I don’t– I don’t know if, in his condition, any of his organs are—” His voice cracked. “—are viable, but if any of them are, he would want to donate that.”

“His heart, his lungs, maybe a kidney and part of his liver,” Joly said, giving Grantaire a watery smile. “He could probably donate those.”

Grantaire jerked a nod. “So then do it,” he said, more harshly than he intended.

Joly’s smile disappeared. “Unfortunately, it’s not that simple,” he said. “It’s...I mean, it’s complicated.”

Grantaire couldn’t stop the laugh that bubbled up from his chest. “No shit, Sherlock.”

“No, I don’t just mean because of you and him,” Joly said impatiently. “I mean, it’s complicated medically.”

Grantaire blinked. “How so?”

Joly wet his lips. “In order to donate organs, a patient must meet one of two conditions. The easiest one is brain death. But unfortunately, we don’t know if Enjolras is brain dead yet.”

“How do you not know that?” Grantaire demanded. “Aren’t there tests?”

“Yes, and we’ve run all of them, but the tests revealed limited functioning. It could just have been an artifact of previous brain activity, so we’ll run the test again in a few hours.” Joly took a deep breath. “But if the repeat tests should even just the slightest amount of functioning, we legally can’t declare him brain dead.”

Grantaire shook his head slowly. “Ok, so what does that mean?”

“It means that him signing up to be an organ donor won’t be enough.” Joly met his eyes. “It means we would need your consent to withdraw life-sustaining measures and allow cardiac death if you wanted to donate his organs.”

Grantaire’s eyelids fluttered closed, and a muscle worked in his jaw for a long moment before he finally managed, his voice sharp, “Fine, whatever, I consent.” He opened his eyes to stare fiercely at Joly as if daring him to say anything. “Do you need me to sign something, or—?”

Joly just shook his head. “Again, it’s unfortunately not that simple.” 

“Why not?” Grantaire asked tiredly, feeling older than he ever had before.

“Because no matter how small a chance it is, if he isn’t brain dead, then there is still a chance—”

“That he could wake up,” Grantaire finished with sudden realization, and he hated himself for the way his heart leapt in his chest, hated that after all this time, the only person in the damn world who could still make him feel something like hope was Enjolras. 

Joly nodded. “Yes,” he said. “He could live in a comatose state for...well, technically indefinitely. And there have been cases where someone has woken up after a month, or six months, or a year, or—”

“But what are the chances of that actually happening here?” Grantaire asked, harsher than he intended, trying desperately to quash the hope he could still feel rising in his chest, that there might still be time left with Enjolras, time to at least say goodbye and tell him he was sorry, time to tell him he still – that he never stopped—

“In my medical opinion…” Joly hesitated. “Not high. The trauma that his brain has suffered...and even if he woke up, I don’t think he would be Enjolras anymore.”

Joly’s words hit Grantaire like a punch to the gut, and he sagged, still gripping the chair with all his strength to keep himself upright. “So then that’s that,” he said, his voice trembling, just slightly.

Joly just nodded once. “Like I said,” he said quietly, “you have a choice to make. Not even just in regards to donating his organs, but in regards to if you think he would want to live like this.”

A laugh burst unbidden in Grantaire’s throat, an almost hysterical sound, because that had been one of the last things Enjolras had said to him before telling him he wanted a divorce – “I just can’t live like this anymore,” Enjolras had said, sounding tired, and sad, and more defeated than Grantaire could possibly bear. “And I don’t think you can either. Or maybe you can, but that doesn’t mean we should.”

So Grantaire had signed the papers to dissolve his marriage to the only man he had ever loved and moved out, leaving Enjolras, and Les Amis, and his entire life behind. He had thought that chapter was over, but now—

He realized a moment too late that Joly had asked him something and was waiting for his answer, and shook his head once to clear it. “Sorry, what?” he asked.

“Do you want to see him?” Joly repeated.

Again, the words were like a dagger in him. “Until about three hours ago, my answer to that question would have unequivocally been yes,” Grantaire said, his voice low. “But now, like this…” He shook his head again. “But I have to, though, don’t I?”

He meant it more rhetorically than anything, but Joly shook his head, sympathy clear in his expression. “You don’t have to,” he told Grantaire. “Not if you don’t want to.”

“I should though,” Grantaire said with a sigh, scrubbing a hand across his face. “I can’t make this decision without seeing him – without it being real.”

He couldn’t, because no matter how things ended between them, he would never be able to picture Enjolras as anything other than alive, and perfect, and the thought of making a decision about ending his life when that was how he envisioned Enjolras still was frankly laughable. Absurd. Like the world’s sickest joke.

So he needed to see him. No matter how much it would break what was left of him in the process.

“Ok,” Joly said softly. “Then I’ll take you back to him.”