Legal Opinion

Delio v. Westchester County Medical Center

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

Decided June 1, 1987PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

Thompson, J.

We address on this appeal the controversial and profoundly difficult question of whether the common-law right to decline medical treatment recognized by the courts of this State encompasses a right to remove or withhold artificial means of nourishment and hydration to an individual in a persistent vegetative state with no hope of recovery. Our analysis requires a careful balancing of the patient’s firmly expressed desire to avoid efforts to sustain his life under circumstances which he would have considered degrading, demeaning and totally nonpurposeful, and…

2Cases cited24 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. In Re QuinlanSupreme Court of New Jersey · 1976
  3. Superintendent of Belchertown State School v. SaikewiczMassachusetts Supreme Judicial Court · 1977
  4. Matter of ConroySupreme Court of New Jersey · 1985
  5. Eichner v. DillonNew York Court of Appeals · 1981

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

3Cited by39 opinions

  1. In re Westchester County Medical CenterNew York Court of Appeals · 1988
  2. In Re Estate of LongewayIllinois Supreme Court · 1989
  3. In Re Guardianship of BrowningSupreme Court of Florida · 1990
  4. McConnell v. Beverly Enterprises-Connecticut, Inc.Supreme Court of Connecticut · 1989
  5. In Re the Guardianship of GrantWashington Supreme Court · 1988

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

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