Trial Continues In Case Involving Woman Whose Living Will Was Not Followed By Her Doctor And Nursing Home Staff
The granddaughter of Madeline Neumann, a 92-year-old woman who had specifically requested in her living will and advanced directive that she not be placed on life-prolonging devices at the end of her life, is suing one of her grandmother’s doctors and the nursing home where Neumann had been living. There has already been a mistrial in this case.
In her civil lawsuit, Linda Schieble is seeking unspecified damages from Dr. Jaimy Bensimon and the Morse Geriatric Center staff in a civil lawsuit in which she cites breach of contract, negligence, and battery.
In a Florida courtroom earlier this week, Dr. Bruce Berman, a witness, testified that what happened to Neumann was “assault, plain and simple” when she was kept on life support for six days despite her wishes after she was found unresponsive on October 17, 1995. (Bensimon told paramedics to take her to the hospital where she was intubated and hooked up to life support machinery until she died.)
Berman also said that when reviewing the deceased woman’s files, he discovered that many of Bensimon’s actions did not adhere to the “generally accepted standard of care.” Berman also said that Bensimon should have asked Neumann (she suffered from Alzheimer’s and had a seizure disorder) to file a DNR (Do Not Resuscitate) order and he should not have ordered nurses to call 911 because of what Neumann had stipulated in her living will about her end of life care.
Neumann was reportedly placed in restraints during the ambulance ride from the nursing home to the hospital so she could not remove the tube that had been placed down her throat without anesthesia.
Lawyers for Dr. Bensimon and Morse Geriatric say that they did not know that she did not wanted to be revived. They explained that their clients were unsure about what was happening to her, which was why they called 911.
In California, a living will is also called an Advanced Health Care Directive. In this legal document, a person may state exactly which kinds of medical care he or she would like (and do not want) in the event that they become incapacitated or terminally sick. Health care providers are obligated to follow a person’s directives in his or her living will.
What Can Be Included In A Living Will:
· A request for certain medical treatments.
· A request to withhold certain treatments.
· The name of your health care agent. This person whom you would like to speak on your behalf to carry out your wishes or make medical decisions for you if you become incapacitated and are unable to do so yourself.
· Your wishes regarding whether you would like to accept or reject life-sustaining medical care.
You can also include the list of medical treatments and procedures you are willing and not willing to have, such as the following;
· Use of a respirator
· Surgery
· Dialysis
· Diagnostic tests
· Transfusions
· Certain drugs
· Cardiopulmonary resuscitation
At Sagaria Law, P.C. our estate planning lawyers are happy to help you draft your advanced health care directive to ensure that your wishes are specified for medical providers. We represent clients throughout Monterey County, Alameda County, and Santa Clara County, with many of them residing in the cities of San Jose, Carmel, Oakland, Palo Alto, and Los Gatos. Contact Sagaria Law, P.C. today for your free consultation.
Witness: Doctor 'dehumanized, humiliated' 92-year-old woman by keeping her alive, Court TV, March 6, 2007
Trial begins over end-of-life treatment, Sun-Sentinel.com, February 27, 2007
Related Web Resource:
Your Living Will: The New Advanced Health Care Directive, California Medical Association
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