Jamaica Hosp., Application of
| Decision Date | 22 April 1985 |
| Citation | 491 N.Y.S.2d 898,128 Misc.2d 1006 |
| Parties | In the Matter of the Application of JAMAICA HOSPITAL for permission to transfuse blood into the person of Santiago X. |
| Court | New York Supreme Court |
Hayt, Hayt & Landau, Great Neck (Mark Hartman, Great Neck, of counsel), for Jamaica Hosp.
This past Saturday evening, April 20th, 1985, at about 6 P.M., while I was getting dressed for a dinner engagement, I received a telephone call at my home from an attorney who identified himself as Mark Hartman, and who told me that he was associated with the firm of Hayt, Hayt & Landau, Esqs., representing Jamaica Hospital. He informed me that at the moment, the hospital had a patient suffering from internal bleeding and who was in critical condition. He further informed me that the patient was 18 weeks pregnant and had refused a blood transfusion necessary to stabilize her condition and to save the life of the unborn child. I advised counsel that the application for leave to transfuse the patient should be made to Justice Aaron F. Goldstein, who was the Justice assigned to Special Term, Part II of the court and that Justice Goldstein's home was but a few blocks from the hospital. Because of the emergency that existed, I advised him of Judge Goldstein's telephone number and told him to call.
Some minutes thereafter, Mr. Hartman called again and told me that he had been unable to communicate with Judge Goldstein, and realizing that this was a life threatening situation for the unborn child as well as the mother, I told Mr. Hartman that I would conduct a hearing at the bedside of the patient. I further advised him that I would take testimony from the physician attending the patient and to have a tape recorder available so that a record could be made of the proceedings.
Upon arriving at the hospital a half hour later, I was escorted to the Intensive Care Unit by an officer where I met Mr. Hartman and Dr. Angelo Capiello. I was advised at the time by Dr. Capiello that the patient was 18 weeks pregnant, that her condition was critical because of bleeding from esphogeal varices, that her hemoglobin reading was far below normal as was her hematocrit, and that she was in danger of dying without a transfusion which she refused because of her religious beliefs, she being a member of Jehovah's Witnesses. I asked whether her family was notified and was informed that she was single, was the mother of 10 children, that her only next of kin was a sister who was unavailable. The doctor informed me that the fetus was at that time in mortal danger as a result of her condition. Because of all the information conveyed to me at that time and because I considered the fetus as a potentially viable human being in a life-threatening situation, I ordered a hearing and convened Special Term, Part II at the patient's bedside. In so doing, I felt that the usual formalities of the assignment of counsel, notice to her family and testimony in a courtroom setting with stenographic record must be dispensed with because of the danger of imminent death.
Dr. Capiello was sworn, and testified that he was a physician duly licensed to practice medicine, specializing in internal medicine and was in charge of the patient's care. He testified as to the critical nature of the patient's condition, her hemoglobin level and hemotocrit and that without a transfusion, she would die. The hospital chart was deemed received in evidence and Dr. Capiello read a gynecologist's note describing the danger to the fetus. Dr. Phillip Louis was also sworn...
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