Legal Opinion · Dissent

In re Westchester County Medical Center

New York Court of Appeals

Decided October 14, 1988Published

1DissentSimons, J.

Respondents have established that Mary O’Connor did not wish any “artificial or mechanical support systems” used to sustain her life; if she were unable to function on her own, she wanted “nature to take its course”. That being so, and inasmuch as no countervailing State interest has been asserted, she is entitled to have the court respect and implement her choice. The majority refuses to do so because it holds her statements were too indefinite. Its holding substantially rewrites the law of self-determination, at least for cases such as this, and has for all practical purposes foreclosed any…

2Cases cited16 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  3. In Re QuinlanSupreme Court of New Jersey · 1976
  4. Matter of ConroySupreme Court of New Jersey · 1985
  5. Eichner v. DillonNew York Court of Appeals · 1981

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API