Wednesday, August 18, 2010

JACQUELINE BETANCOURT V. TRINITAS HOSPITAL A-3849-08T2 08-13-10

JACQUELINE BETANCOURT V. TRINITAS HOSPITAL A-3849-08T2 08-13-10
Although this appeal raises a significant issue regarding
the conflict between a patient and healthcare providers
regarding the continuation of medical treatment where the
patient is in a persistent vegetative state, we grant
plaintiff's motion to dismiss the appeal as moot. We conclude
that the following factors support such dismissal: 1) the
patient is deceased and the results of this appeal will not
affect his rights; 2) there is a dispute between the parties as
to the decedent's condition at the time medical treatment was
withdrawn; 3) the record is inadequate to address the issues in
dispute; 4) the prospect of a malpractice action by plaintiff
against the healthcare providers, as well as the substantial
outstanding medical bills, create issues that are unlikely to
reoccur.

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