Jury Finds Hospital Must Pay for Violating Patient’s Living Will

Madeline Neumann executed an advance directive stating that she did not want to be kept alive by artificial means.  Later, when she was at death’s door in a nursing home, rescue workers revived her.  She died in a hospital six days later after undergoing various unsuccessful life-saving procedures.

The jury awarded $150,000 in wrongful prolongation-of-life damages against the nursing home because they should have had procedures in place to be certain advance directives are followed.  The jury did not award damages against the doctor because they believed he did not have sufficient evidence to let her die without an evaluation.

See Missy Diaz, Jury: Home violated living will, Sun-Sentinel, March 17, 2007, reporting on Sheible v. Joseph L. Morse Geriatric Ctr., Fla., Palm Beach Co. Cir., No. CL 97 7021A0, Mar. 16, 2007.