join goes here
March 21, 2010
|
|
Wrongful Prolongation of Life?
Case One
Rebecca Jane Taylor suffered a stroke that left her paralyzed on one side and wheelchair-bound. She executed a living will directing that doctors should not take "extraordinary means" to prolong her life if she had a terminal illness. She also executed a power of attorney in favor of her son, Steven, and a Do Not Resuscitate (DNR) form.
She later suffered a second stroke that left her comatose with no hope of recovery. Steven and her other two sons thereupon directed that artificial nutrition be discontinued and that the nursing home staff give her only comfort care until she died. But when the staff found that she was becoming dehydrated despite IV administration of a sugar/saline solution, and that she was showing some signs of responsiveness to pain, they decided to insert a nasogastric tube and begin feeding her a caloric supplement. The nursing home staff tried to reach family members to get their permission but, initially failing to reach Steven, they spoke to another son and told him that unless his mother was given the tube feedings she would die a terrible "dry death." The son thereupon gave his permission to prevent Taylor from suffering. But before the tube could be inserted, son Steven made clear his objection. A doctor inserted the tube anyway, relying on the permission given by the other son. Steven then replaced the physician with one who promised that he would monitor Taylor's condition and discontinue the tube feedings and just give her water if her condition did not improve. Without informing the family, the new doctor then increased her caloric intake. When Steven found out, he removed his mother from the nursing home and took her to a hospital, where she died ten days later. Taylor's estate sued the nursing home for damages wrongfully prolonging Taylor's life. Last April, an appellate court in Indiana affirmed the dismissal of the suit.(1) The court reasoned that what had really happened was that Taylor's sons had disagreed with what the nursing home staff proposed to do for their mother, and that the proper course would have been for the sons to go to the probate court and obtain an order compelling the nursing home to follow their wishes. Case Two
Brenda Young had a history of brain seizures, and after she was warned that she could suffer a massive seizure that would leave her in a persistent vegetative state, she executed a durable power of attorney giving her mother authority to make treatment decisions if she became incompetent. Young then suffered a massive seizure. But despite her mother showing the power of attorney to the hospital staff and making repeated requests to withhold or withdraw life support, Young was maintained on a ventilator and given tube feedings, dialysis, blood transfusions, and medications. Her mother was told that these were not life support but "comfort care." Young eventually recovered enough to go home, where she remained in a partial vegetative state and spent most of her time "rhythmically screaming and thrashing."
When her mother sued the hospital, a Michigan jury awarded $16 million in damages, which a judge later reduced the award to $1.4 million, following which the case was settled for an undisclosed amount.(2) Case Three
Edward Winter was admitted to the hospital with chest pains. He told the doctors that he did not want to be resuscitated. When he suffered ventricular tachycardia during the night, a nurse defibrillated him, and when he regained consciousness, he thanked her. He then suffered a stroke and remained partially paralyzed until his death almost two years later.
Before his death, Winter commenced a suit against the hospital for reviving him against his wishes. The Supreme Court of Ohio ruled that there could be no compensation for prolongation of life and that the resuscitation did not cause Winter's stroke. The court, therefore, threw out the lawsuit.(3) You might also be interested in... 
Note: We regret that we cannot answer personal medical questions.
No comments have been made. |
| The Doctor Will See You Now | |
LEGAL RESTRICTIONS AND TERMS OF USE OF THIS SITE. USE OF THIS SITE IS YOUR AGREEMENT TO THESE TERMS. Copyright 2010 interMDnet Corporation. All rights reserved. About Us | Privacy Policy | Disclaimer | System Requirements |