In the Matter of Westchester County Medical Center, on Behalf of Mary O'Connor, Appellant. Helen A. Hall et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued August 31, 1988.
Decided October 14, 1988.
Attorney(s) appearing for the Case
Marilyn J. Slaaten, County Attorney (Carol L. Van Scoyoc, Kenneth E. Powell and Cataldo F. Fazio of counsel), for appellant.
Julius W. Cohn, Carl Stahl and Wayne H. Spector for respondents.
Barry Birbrower, Law Guardian.
Fenella Rouse, Elena N. Cohen, M. Rose Gasner and Richard Wasserman for Society for the Right to Die, Inc., amicus curiae.
Richard J. Concannon and Mary Ellen Gunnison for New York Medical College, amicus curiae.
David Zwiebel for Agudath Israel of America, amicus curiae.
Anne M. Perone for New Jersey Right To Life Committee, Inc., amicus curiae.
Elliot B. Pasik for Greater New York Health Care Facilities Association, Inc., amicus curiae.
Mary B. Spaulding, James Bopp, Jr., Thomas J. Marzen, Mary M. Nimz, Daniel Avila and Teresa Kealy for the Ethics and Advocacy Task Force of the Nursing Home Action Group, amicus curiae.
Michael Vaccari, Edward R. Grant, James Michael Thunder and Clarke D. Forsythe for New York State Nurses for Life, Inc., amicus curiae.
Giles R. Scofield, III, for Concern for Dying, amicus curiae.
Thomas J. Ford, Robert F. Van Der Waag, Paul Callahan, Eugene Ferencik and J. Randolph Hundertmark for the Catholic Lawyers Guild of the Diocese of Rockville Centre, amicus curiae.
Judges KAYE, TITONE and BELLACOSA concur with Chief Judge WACHTLER; Judge HANCOCK, JR., concurs in result in a separate opinion; Judge SIMONS dissents and votes to affirm in another opinion in which Judge ALEXANDER concurs.
Court of Appeals of the State of New York.
Chief Judge WACHTLER.
Mary O'Connor is an elderly hospital patient who, as a result of several strokes, is mentally incompetent and unable to obtain food or drink without medical assistance. In this dispute between her daughters and the hospital the question is whether the hospital should be permitted to insert a nasogastric tube to provide her with sustenance or whether, instead, such medical intervention should...
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