Pekera v. Purpora

*687 Opinion

PETERS, J.

In this case, the prolonged refusal of a hospital patient to consent to a medical procedure called endotrachial intubation1 resulted in her death. A malpractice complaint alleged that an attending pulmo-nologist negligently had performed and managed the patient’s intubation. The principal issue is whether this complaint should be construed to encompass an allegation that the pulmonologist had failed to inform the patient of the risk of death if she was not immediately intubated. Concluding that such a construction was improper, the trial court granted the pulmonologist’s…