NJ Judge Recognizes Cause of Action for Wrongful Prolongation of Life

Earlier this year, I argued that courts are becoming more receptive to tort claims when clinicians administer life-sustaining treatments contrary to patient wishes or instructions.  The New York Times picked up on my piece. Now, the New Jersey Law Journal reports that yet another case has joined this trend.  



Morris County, NJ Superior Court Judge W. Hunt Dumont declined to grant summary judgment in favor of defendants, Morristown Medical Center, Dr. Andrew Youseff and several nurses for their role in prolonging the life of Suzanna Stica. “Defendants violated Ms. Stica’s rights when they resuscitated her against the clear directives.” 



Despite those orders, the defendants resuscitated Stica after she went into cardiac arrest. She lived another six months before she finally died. During that time, she experienced pain and suffering.