Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Med Mal News

By ALM Staff | Law Journal Newsletters |
June 22, 2010

Extraordinary Measures? Hospital Wants Right to Deny Them

In the case of Betancourt v. Trinitas Regional Medical Hospital, A-3849-08, a New Jersey appellate court is being asked to decide for the first time whether hospitals should be permitted a say in whether extraordinary measures are employed to keep comatose patients alive. In the suit, the hospital claims that “compelling a hospital and its independent physicians to provide medical services that are contrary to recognized standards of care to a moribund permanently vegetative person which will do nothing more than prolong an inhumane, painful death” is inconsistent with state law. The case arose after 72-year-old Ruben Betancourt suffered brain damage after accidentally removing his own ventilating tube following an operation. After he had spent a year in a persistent vegetative state, Betancourt's daughter became concerned that his doctors were unilaterally making medical decisions for him, such as by discontinuing his dialysis and issuing a “Do Not Resuscitate” order. She therefore went to court and was appointed guardian. The hospital appealed. In May 2009, before oral argument at the Appellate Division, Betancourt died. Now the plaintiff wants the case dropped as moot, while the hospital wants it to go forward, arguing that the appellate court should hear the case because it “presents issues of grave public importance.” The New Jersey Hospital Association and the Medical Society of New Jersey have filed amicus briefs on behalf of the hospital. Countering these are briefs supporting the plaintiff, filed by organizations such as Not Dead Yet, The American Association of People With Disabilities and the Rabbinical Council of America.

Unread Heart Tests Prompt Formal Change in Policies At NY Hospital

On May 20, New York City's Health and Hospitals Corporation (HHC) learned that physicians at the city's Harlem Hospital Center never read approximately 4,000 echocardiograms taken there. (HHC and the Columbia University medical school employ and supervise the doctors at Harlem Hospital Center.) The doctors at Harlem Hospital Center had relied on technicians to read the test results and alert them when follow-up tests or other actions seemed needed. In an HHC release, the organization's president, Alan D. Aviles, said, “While the process the doctors followed may have alerted cardiologists to those echocardiograms that were most likely to be abnormal, the failure to read echocardiograms in a timely manner is inexcusable and may have placed patients at risk.” Upon learning of the breach of medical protocol, HHC and Columbia put together a team of cardiologists to work through the backlog of unread echocardiograms. They also changed their internal policies to specify that all echocardiograms be reviewed and reported to the appropriate physician within two working days. In addition, the hospital's medical director will now be responsible for performing a monthly review of unread echocardiograms and for making a quarterly report on the subject to the Quality Assurance Committee of HHC's Board of Directors.

Extraordinary Measures? Hospital Wants Right to Deny Them

In the case of Betancourt v. Trinitas Regional Medical Hospital, A-3849-08, a New Jersey appellate court is being asked to decide for the first time whether hospitals should be permitted a say in whether extraordinary measures are employed to keep comatose patients alive. In the suit, the hospital claims that “compelling a hospital and its independent physicians to provide medical services that are contrary to recognized standards of care to a moribund permanently vegetative person which will do nothing more than prolong an inhumane, painful death” is inconsistent with state law. The case arose after 72-year-old Ruben Betancourt suffered brain damage after accidentally removing his own ventilating tube following an operation. After he had spent a year in a persistent vegetative state, Betancourt's daughter became concerned that his doctors were unilaterally making medical decisions for him, such as by discontinuing his dialysis and issuing a “Do Not Resuscitate” order. She therefore went to court and was appointed guardian. The hospital appealed. In May 2009, before oral argument at the Appellate Division, Betancourt died. Now the plaintiff wants the case dropped as moot, while the hospital wants it to go forward, arguing that the appellate court should hear the case because it “presents issues of grave public importance.” The New Jersey Hospital Association and the Medical Society of New Jersey have filed amicus briefs on behalf of the hospital. Countering these are briefs supporting the plaintiff, filed by organizations such as Not Dead Yet, The American Association of People With Disabilities and the Rabbinical Council of America.

Unread Heart Tests Prompt Formal Change in Policies At NY Hospital

On May 20, New York City's Health and Hospitals Corporation (HHC) learned that physicians at the city's Harlem Hospital Center never read approximately 4,000 echocardiograms taken there. (HHC and the Columbia University medical school employ and supervise the doctors at Harlem Hospital Center.) The doctors at Harlem Hospital Center had relied on technicians to read the test results and alert them when follow-up tests or other actions seemed needed. In an HHC release, the organization's president, Alan D. Aviles, said, “While the process the doctors followed may have alerted cardiologists to those echocardiograms that were most likely to be abnormal, the failure to read echocardiograms in a timely manner is inexcusable and may have placed patients at risk.” Upon learning of the breach of medical protocol, HHC and Columbia put together a team of cardiologists to work through the backlog of unread echocardiograms. They also changed their internal policies to specify that all echocardiograms be reviewed and reported to the appropriate physician within two working days. In addition, the hospital's medical director will now be responsible for performing a monthly review of unread echocardiograms and for making a quarterly report on the subject to the Quality Assurance Committee of HHC's Board of Directors.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.