Brooklyn Hospital, Application of
| Decision Date | 15 April 1965 |
| Citation | 258 N.Y.S.2d 621,45 Misc.2d 914 |
| Parties | Application of BROOKLYN HOSPITAL for an order authorizing and directing administration of blood or blood derivatives to one Elizabeth Torres, an infant. |
| Court | New York Supreme Court |
Hayt & Hayt, New York City, by Joseph K. Fitzpatrick, Brooklyn, for petitioner Brooklyn Hospital.
Edward Q. Carr, Legal Aid Society, New York City, by Caroline Davidson, Brooklyn, for respondents Victor Torres and Fidelina Torres.
The petitioner hospital moves for an order authorizing the administration of transfusions of blood or plasma to aid in the treatment of a seriously burned infant presently hospitalized with third degree burns.
The parents of the infant object on the ground of religion, to the use of transfusions in the aid of their critically injured child, despite the urgent recommendations of the attending physicians and the physician who took the stand and testified herein that this procedure is of prime importance if the life of their child is to be saved.
The physician testified here that the death of the child as a result of burns is imminent, if these transfusions are not administered; that the child suffered third degree burns over 25 per cent of its body and that without the aid of transfusions, death could occur in as short a time as five hours from the time of this hearing.
Now, since this application is primarily one which vitally affects the welfare of the infant only five years of age, this proceeding will be considered as a hearing on a writ of habeas corpus, involving the custody of this infant. There is no question that in determining custody of an infant under any circumstances, the Court must make a decision.
All of the authorities that could be cited, and they are too numerous to mention, are based solely on the welfare of the infant. However, the Court does make reference to the case of Battaglia v. Battaglia, 9 Misc.2d 1067, 172 N.Y.S.2d 361. The authorities state the Court must act in relation to the infant as 'parens patriae.' In this context, the Court has paramount rights to decide what is best for the infant even over that of the natural parents.
All of the uncontradicted medical testimony adduced at this hearing points in only one direction. The welfare of this child could be seriously, indeed fatally endangered if this medical procedure, as outlined by the physician testifying, is not followed. The Court is...
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In re Green
... ... OPINION ... JONES, Chief ... The Director ... of the State Hospital for Crippled Children at Elizabethtown, ... Pennsylvania, filed a 'petition to initiate juvenile ... Thus, it was held in Application of President & Directors ... of Georgetown College, Inc., 331 F.2d 1000 ... (C.A.D.C.1964), ... 755, 227 N.Y.S.2d 450, appeal dismissed, 232 N.Y.S.2d 1026 ... (1962); Application of Brooklyn Hospital, 45 Misc.2d ... 914, 258 N.Y.S.2d 621 (1965); In re Clark, 21 Ohio ... Op.2d 86, 185 ... ...
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Green, In re
...A.2d 140 (1961); In re Santos, 16 A.D.2d 755, 227 N.Y.S.2d 450, appeal dismissed, 232 N.Y.S.2d 1026 (1962); Application of Brooklyn Hospital, 45 Misc.2d 914, 258 N.Y.S.2d 621 (1965); In re Clark, 21 Ohio Op.2d 86, 185 N.E.2d 128 (C.P.Lucas 1962). Cf., Mitchell v. Davis, 205 S.W.2d 812 (Texa......
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In the Matter of Stevens, 2007 NY Slip Op 52097(U) (N.Y. Surr. Ct. 10/18/2007)
...and order transfusions in life or health-threatening situations. (See e.g. Matter of Kevin Sampson, 29 NY2d 900 [1972]; Matter of Brooklyn Hosp. v. Torres, 45 Misc 2d 914 [Sup Ct, Kings County 1965]; cf. Matter of Jamaica Hosp., 128 Misc 2d 1006 [Sup Ct, Queens County 1985]). Thus, were Ms.......