NY: hosp. failed to follow DNR twice--pt. died: did hospital get away with skating on thin ice?(Hospital Law Decisions of Note)

CASE FACTS: On March 24, 2004, Peter Cronin, who was 72 years-old was admitted to Jamica Hospital Medical Center suffering from various illnesses. During his hospitalization, the patient was resuscitated on two separate occasions, allegedly in violation of two Do-Not-Resuscitate orders which had been issued by the hospital and executed by members of the patient's family. On June 9, 2004, following the second resuscitation, the patient was removed from life support systems and died that same day. Subsequently, Colette Cronin brought suit against the hospital alleging, in effect, that the hospital wrongfully prolonged the decedent's life by resuscitating the decedent against the express instructions of the decedent and his family. The Supreme Court of New York granted the hospital's motion for summary judgment dismissing the complaint on the ground that the plaintiff was asserting a claim for 'wrongful living' and that no such cause of action could be maintained. The court also denied, as academic, the plaintiff's cross-motion to strike the defendant's answer.

COURT'S OPINION: The Appellate Division of the Supreme Court of New York affirmed the order of the lower court. The court held, inter alia, that the hospital established its prima facie entitlement to judgment as a matter of law by demonstrating that the decedent did not sustain any legally cognizable injury as a result of the defendant's conduct. In opposition, the plaintiff failed to raise a triable issue of fact. The court cited New York law holding that the "status of being alive does not constitute an injury under New York Law. Further, the court held that contrary to the plaintiff's contention, she did not submit evidence raising a triable issue of fact as to whether the decedent was injured as a result of the resuscitations themselves. The court noted that ...