Winthrop University Hosp., Application of
| Decision Date | 25 June 1985 |
| Citation | 128 Misc.2d 804,490 N.Y.S.2d 996 |
| Parties | In the Matter of the Application of WINTHROP UNIVERSITY HOSPITAL for an Order authorizing Medical Treatment of Susan Hess. |
| Court | New York Supreme Court |
Furey & Furey, P.C. by Ray Furey, Hempstead, for Winthrop University hosp.
Susan Hess, pro se.
Petitioner Hospital's application for an order directing that Respondent Susan Hess "receive blood or blood derivatives, during or post surgery, during the course of her stay at Winthrop University Hospital, if in the opinion of her surgeon or attending physician the administration of blood or blood products is necessary to save her life" is granted.
A hearing was promptly held. Respondent and her husband appeared and waived counsel. These are the facts:
Respondent is married, the mother of two young children, one being only one month old. She is currently hospitalized for kidney stones requiring surgical removal. Neither she nor her husband object to the surgery but refuse to permit any blood transfusion on religious grounds. She is competent.
While transfusions are rare in the proposed surgery, the surgeon refuses to operate without authorization. Therefore, without Court ordered authorization no surgery will be performed and her life is threatened, unless she finds another surgeon, which she is, of course, free to do. But while she remains under the care of her present surgeon and hospital, the issue remains.
Courts are generally without power to order compulsory medical treatment over a competent adult patient's objection (Schloendorff v. Society of New York Hospital, 211 N.Y. 125, 105 N.E. 92 (Cardozo, J., 1914); Matter of Storar, 52 N.Y.2d 363, 438 N.Y.S.2d 266, 420 N.E.2d 64, cert. den. sub nom. Storar, by Hughes, Guardian Ad Litem v. Storar, 454 U.S. 858, 102 S.Ct. 309, 70 L.Ed.2d 153 (1981); see also, A.B. v. C., 124 Misc.2d 672, 477 N.Y.S.2d 281 (1984)). However, whether a competent adult patient's religious right must yield to the State's interest in acting as parens patriae by ordering compulsory medical treatment to save the life of the mother of infants, has not been reported in this State.
In Powell v. Columbia Presbyterian Medical Center, 49 Misc.2d 215, 267 N.Y.S.2d 450 (1965), emergency blood transfusions were ordered for a mother of six children who refused to authorize same on religious grounds. But that decision was based upon a finding that the patient would accept the...
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