Request a complimentary copy of this month's newsletter.
Euthanasia By Nurse: Family Sues Claiming Investigation Caused Distress, Court Says No To Suit
Legal Eagle Eye Newsletter for the Nursing Profession
October 1998
Quick Summary: The nurse remarked she had "helped the patient along" with prn Fentanyl, so the hospital was compelled to investigate.
The hospital did not investigate the nurse's actions with an intent to cause the family emotional distress.
Releasing untruthful information about a patient’s death, or mishandling the corpse would be grounds for a family to sue, but none of that happened here.
NEW YORK SUPREME COURT, APPELLATE DIVISION, 1998.The family had agreed for the patient to come off the respirator and off all artificial life support. The first nurse refused the family’s request for pain medication, but the next nurse on duty got an order for Fentanyl q 30 minutes for agitation or restlessness, then gave it twice within fifteen minutes, and the patient expired.
The New York Supreme Court, Appellate Division, ruled the hospital had the right to conduct an internal investigation and not keep the family abreast of what was going on, and could bring in a criminal defense attorney to meet privately with the local district attorney. It was unclear whether the attorney’s role was to defend the hospital or the nurse, or to suggest to the district attorney that criminal charges be filed against the nurse.
The family believed they were being implicated for urging the nurse to move the deceased along. Nevertheless, the family was ruled to have no right to sue.
Dobisky v. Rand, 670 N.Y.S. 2d 606 (N.Y. App., 1998).