New Jersey Court Considers Right to Ending Life-Sustaining Treatment

A year ago, a New Jersey judge ruled that a hospital could not end life-sustaining treatment for a comatose patient against his guardian’s wishes. Although the patient has since died, a New Jersey appeals court recently heard arguments in the case:

• The patient’s attorney argued that the issue is moot and the court should dismiss the appeal.
• The hospital argued that judicial guidance is needed for future similar situations.
• The hospital also argued that the patient and his family shouldn’t have the absolute right to dictate the care that the patient receives, especially when it is clear that the family cannot afford the medical bills.
• The patient’s attorney argued that it is not the court’s place to decide on removal of treatment but to respect the patient’s right to direct his own healthcare.

Details on a decision date were not provided.

See Charles Toutant, N.J. Court Considers Hospital’s Right to End Treatment for Vegetative Patient, Law.com, May 3, 2010.