Fosmire v. Nicoleau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
In this case, we are asked to review the procedures to be followed and the factors to be weighed in resolving the conflicting interests which arise when a competent adult refuses potentially lifesaving medical treatment because such treatment is in contravention of that individual’s religious beliefs and/or expressed desire to be treated by alternative methods. We conclude that, under the circumstances of this case, the Supreme Court erred in issuing an ex parte order authorizing the administration of blood transfusions contrary to that individual’s wishes and…
2Cases cited18 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Eichner v. DillonNew York Court of Appeals · 1981
- Rivers v. KatzNew York Court of Appeals · 1986
- In re Westchester County Medical CenterNew York Court of Appeals · 1988
- In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by7 opinions
- Diamond v. DiamondNew Mexico Supreme Court · 2012
- Elbaum v. Grace Plaza of Great Neck, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- In re St. Luke's-Roosevelt Hospital CenterNew York Supreme Court · 1993
- Nicoleau v. Brookhaven Memorial Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1992
- Essex v. NewmanAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.