8mm
Posted on 11/09/2006 4:58:53 PM PST by wagglebee
In a case that could establish a legal precedent, a jury in Florida has been asked to decide whether a woman was deprived of a right to "die with dignity."
A nine-year-old lawsuit on behalf of Madeline Neumann charges doctors wrongfully took measures to prolong the 92-year-old's life, violating a living will, the South Florida Sun-Sentinel reported.
Filed by Neumann's granddaughter, Linda Scheible, the suit against Joseph L. Morse Geriatric Center and Dr. Jaimy Bensimon is thought to be the first of its kind to reach the trial level in Florida.
Neumann, diagnosed with Alzheimer's disease and a seizure disorder, wanted the legacy of a peaceful death after losing a daughter to leukemia and another to esophageal cancer, according to Marnie Poncy, supervising attorney with the bioethics law project of the Palm Beach Legal Aid Society, which is helping litigate the case.
Neumann's living will directed that life-prolonging treatments be withheld if she was in the process of dying or if there was little likelihood she would return to a state of self-awareness.
The Florida paper said, however, her medical chart at Morse Geriatric in West Palm Beach did not include a do not resuscitate order.
Neumann was found unresponsive the evening of Oct. 17, 1995, after suffering a seizure that morning. Bensimon, who was called at home, told a nurse to call 911 after learning there was no DNR order. Paramedics subjected Neumann to intubation and then restrained her as she fought to remove the tubes. Before dying six days later, she was given invasive treatment, Poncy said.
Bensimon's attorney argued there could have been an endless number of things wrong with Neumann, and the doctor did what he thought was best for her.
"The evidence will show Dr. Bensimon did nothing wrong," said attorney Jim Nosich.
What is it with Florida and the desire to kill everyone?
Ping.
I think they are all brain dead down there in FL. Their new governor who is suppose to be a Conservative supported Terri Schiavo being starved to death since he did nothing to stop her murder. It is sickening!
Yep.
I don't see anything wrong with a person wanting to die peacefully, not be intubated and hooked up to machines.
When you've got 15 million old people who are about to die, as does the State of Florida, cases like this are bound to happen on a regular basis.
So now the family members are suing the doctors for failing to kill them.
There isn't, but shouldn't a doctor at least be allowed to perform an examination and make sure that the person is dying?
The doctor did his job.
Whoever neglected to include the DNR orders on the chart should be sued, not Bensimon.
If they promise to start with the lawyers and do a thorough job of it -- in a dignified manner, of course -- the debate would end sooner and be more fun.
There was a Living Will? Apparently there was. I find it hard to believe the nursing home didn't have that in their files!
I suspect the iniquitous Terri Schiavo case has scared those providing geriatric care -- they are terrified that if they don't intubate, etc., the so called pro life forces will descend on them as they did in Terri's case -- no matter what the condition of the patient is. Or his or her wishes.
What on earth are we supposed to do to ensure that medical "providers" don't torture us with unwanted invasive procedures if we cannot trust they will respect a Living Will?
She died six days later than she would have wished? A lawsuit?
I don't think there was a desire to kill anyone. I think they were just trying to prevent her from being resuscitated. Intubation and ventilation are considered extraordinary medical intervention and it is perfectly acceptable for a patient to forego these types of procedures.
With that being said, without a DNR on file, the doctor followed a normal course of action. It is not the doctor's choice whether to provide these measures. They are required to, when there is not a DNR in place.
Being in Florida, though, you gotta' wonder....
Why so many nuts over there?
actually this is the doctor saving someone.
The fact is the doctor complied with the data in the chart.
I have seen this before, there is an advanced directive and the family never bothers to give it to the hospital.
Florida even has a hospice license plate!
family member who forgot, no insurance money...
doctor who did his job correctly, HAS insurance money...
don't be surprised because many times people do these and forget to give them to the hospital staff.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.