Haymes v. Brookdale Hosp. Med. Ctr.
| Decision Date | 09 October 2001 |
| Docket Number | 2,00-06658 |
| Parties | Ellen Haymes, etc., et al., appellants, v. Brookdale Hospital Medical Center, respondent. 2000-06658 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT Argued - |
| Court | New York Supreme Court — Appellate Division |
Lewis H. Fishlin (Pollack, Pollack, Isaac & DeCicco, New York, N.Y. [Brian J. Isaac] of counsel), for appellants.
Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York, N.Y. (Steven C. Mandell of counsel), for respondent.
DECISION & ORDER
FRED T. SANTUCCI, J.P.
ANITA R. FLORIO
HOWARD MILLER
In an action, inter alia, to recover damages for assault and battery, the plaintiffs appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated May 23, 2000, which granted the defendant's motion to dismiss the complaint for failure to state a cause of action.
ORDERED that the order is affirmed, with costs.
On October 14, 1993, the plaintiff Ellen Haymes attempted to take her own life by putting a handgun to her head and pulling the trigger. The plaintiff Adine Hamlin, Haymes' sister, called the 911 emergency telephone number. An emergency medical crew responded, undertook to administer treatment, and then transported Haymes to the emergency room at the defendant Brookdale Hospital Medical Center (hereinafter Brookdale). Treatment was immediately instituted, including, inter alia, emergency surgery and respiratory ventilation. When Hamlin arrived at Brookdale about an hour later, she allegedly presented a purported "living will" signed by Haymes to hospital personnel, and demanded that Haymes be removed from the ventilator. The hospital personnel refused, and Haymes remained on the ventilator for six more days. Haymes subsequently recovered and, although totally blind as a result of her self-inflicted wounds, was transferred to a nursing home where she is currently cared for.
The plaintiffs commenced the instant action alleging that Haymes had executed a living will which was violated when Brookdale saved her life. The complaint asserts, inter alia, that Brookdale's refusal to withdraw life-saving treatment, thereby foiling Haymes' attempt to commit suicide, constituted an unconsented touching of her person; and that Brookdale's life saving treatment "tortiously" interfered with Haymes' "constitutional" right to die. The Supreme Court granted Brookdale's motion to dismiss the complaint, holding, in essence, that in the absence of a valid health care proxy, order not to resuscitate, or a court order, there could be no cause of action against the hospital for saving Haymes' life. We now affirm.
The plaintiffs herein concede that...
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