Legal Opinion

In re Michael L.

Appellate Division of the Supreme Court of the State of New York

Decided February 14, 2006PublishedCited by 12 opinions

1Opinion of the Court

In a proceeding for permission to administer psychotropic drugs to a patient without his consent, the appeal is from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated September 7, 2005, which granted the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, and the petition is denied.

A competent adult has the right to determine the course of his or her medical treatment. This right includes the option to refuse medical treatment, even life-saving treatment. This right is a “fundamental common-law right” and is “coextensive with the…

2Cases cited7 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Rivers v. KatzNew York Court of Appeals · 1986
  4. In re Joseph O.Appellate Division of the Supreme Court of the State of New York · 1997
  5. In re Charles C.Appellate Division of the Supreme Court of the State of New York · 1990

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

3Cited by12 opinions

  1. In re William S.Appellate Division of the Supreme Court of the State of New York · 2006
  2. In re Martin F.New York City Family Court · 2006
  3. In re Rhodanna C.B.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Matter of Tyrone M.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Guttmacher (James M.)Appellate Division of the Supreme Court of the State of New York · 2020

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

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