Jumat, 13 Agustus 2010

Betancourt Court Failed to Open "Unilateral Refusal Door" for Healthcare Providers

A strongly worded editorial in New Jersey Today laments the lack of a substantive ruling on the merits in Betancourt v. Trinitas:  "A New Jersey appeals court declined to rule on whether a hospital can kill an uninsured patient by discontinuing treatment even if the patient’s family’s objects . . . .  Had Judges Philip S. Carchman, Anthony J. Parrillo and Victor Ashrafi issued a ruling, it would have applied to all similar cases, but by sidestepping the issue they leave deadly power over patients in the hands of health care providers."  I'm not sure that this is accurate.  The dismissal of the appeal leaves the trial court ruling as good law.  That ruling places the so-called "right to pull the plug" squarely in the hands of patients and families.



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