In re Eichner case brief

In re Eichner case brief summary
420 N.E.2d 64 (1981)

CASE SYNOPSIS

Appellant sought review from the orders of the Appellate Division of the Supreme Court (New York) affirming an order denying appellant's application to continue blood transfusions and intravenous fluids for a patient and affirming as modified an order authorizing respondent to terminate the respirator assisting another patient.

CASE FACTS
In two cases, respondents--incompetent patients' guardians--objected to continued use of medical measures to prolong lives of patients, who were diagnosed as fatally ill. Orders were issued that the measures should have been discontinued.

DISCUSSION

• The court of appeals reversed the order in the first case and modified the order in the second case. 
• The court held that the cases were reviewable despite the mootness of the controversies due to patients' deaths. 
• In the first case, the State facility in which patient resided had standing to oppose discontinuance of transfusions due to its role as patient's treating physician. 
• Respondent could not make a determination to decline transfusions, on which patient was able to maintain same level of activity as he had previously. 
• In the second case, clear and convincing proof of patient's expressed desire as well as clear and convincing proof of subsequent incompetency, and the chances of recovery supported discontinuance of respirator.

CONCLUSION
The order was reversed, cross-petition was denied, and the petition was granted when facility in which patient resided had standing to oppose discontinuance of transfusions, and respondent could not make a determination to decline transfusions. The other order was modified where proof of patient's expressed desire, subsequent incompetency, and chances of recovery supported discontinuing respirator.


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