Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, June 14, 2007

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

Living_willMadeline 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.

https://lawprofessors.typepad.com/trusts_estates_prof/2007/06/jury_finds_hosp.html

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Comments

It is unfortunate that nursing homes don't always do what they've agreed to; or are supposed to. My heart goes out to Madeline Neumann's family, knowing that they, and she, went through a lot of needless suffering.

Posted by: Angie Hartford | Jun 16, 2007 9:28:56 AM

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