Studholme on Horan on Betancourt

Anne Studholme responded, here, to Trinitas CEO Gary Horan's op-ed on Betancourt v, Trinitas Hospital.  Anne is counsel in the case to amici curiae Not Dead Yet, ADAPT, Center for Self-Determination, National Spinal Cord Injury Association, National Council on Independent Living, American Association of People with Disabilities, and Disability Rights New Jersey.

 

Studholme observes that, contrary to New Jersey law, “Trinitas wants doctors to be able to pull the plug when, in their sole opinion, their patient has ‘had enough.’”  This is not a role that has ever been entrusted to intramural ethics committees in New Jersey.  Instead, “Figuring out who should have the power to make these decisions is work our democracy entrusts to our courts.”

Studholme also corrects a number of factual misstatements in Mr. Horan’s op-ed.  For example, she rightly notes that “[m]edical opinion in this case was NOT unanimous.”  She notes that there was “no attempt by the hospital to secure an external evaluation or opinion as to the medical appropriateness of Mr. Betancourt’s care.”  She might have added that this is a measure repeatedly endorsed by courts dealing with these types of cases.