MATTER OF FOSMIRE v. NICOLEAU


75 N.Y.2d 218 (1990)

In the Matter of Francis J. Fosmire, as Executive Vice-President of Brookhaven Memorial Hospital Medical Center, Appellant, v. Denise J. Nicoleau et al., Respondents.

Court of Appeals of the State of New York.

Decided January 18, 1990.


Attorney(s) appearing for the Case

Norton L. Travis, Leonard M. Rosenberg, Debra A. Silverman and Susan F. Scharf for appellant.

Donald T. Ridley for respondents.

Judges KAYE, ALEXANDER, TITONE and BELLACOSA concur with Chief Judge WACHTLER; Judges SIMONS and HANCOCK, JR., concur in separate opinions.


Chief Judge WACHTLER.

In this case, an adult Jehovah's Witness refused to consent to blood transfusions prior to delivery of her baby and persisted in the refusal after losing a substantial amount of blood following the Cesarean birth of the child. Based on her doctor's affidavit that the transfusions were necessary to save her life, the Supreme Court in Suffolk County signed an order authorizing the hospital...

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