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Med Mal News

By ALM Staff | Law Journal Newsletters |

Hospital Seeks Right to Pull Plug on Vegetative Patient Based on Futility

A New Jersey appeals court heard arguments recently over whether a hospital can end life-sustaining treatment for a patient in a persistent vegetative state contrary to his family's wishes. A year ago, a Union County judge said no, granting an injunction requested by the comatose patient's guardian despite hospital doctors' opinion that further treatment would be futile. The hospital appealed, and though the patient has since died, the Appellate Division proceeded to invite briefs and schedule arguments in the case, Betancourt v. Trinitas Regional Medical Hospital, A-3849-08. The hospital's lawyer insists judicial guidance is needed because the case's circumstances are not uncommon and a similar situation is bound to recur. Equally interested are amici representing disabled patients, who fear a ruling in the hospital's favor would pave the way for caregivers to freely pull the plug in the interests of expediency and cost savings.

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