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Negligence for NOT Using the Ethics Committee

Posted Oct 19 2008 7:56am
On March 27, 2003, 91-year-old Israel Neustadter died at Holy Cross Hospital. In a subsequent lawsuit, the plaintiff brought negligence claims against both the internal medicine doctor and the hospital. The doctor settled before trial, and the jury rendered a verdict for the hospital.

What I found interesting was one of plaintiff's theories of negligence: Plaintiff contended that the doctors at Holy Cross disagreed about Mr. Neustadter's condition and treatment and that therefore someone should have brought the matter to the Hospital Ethics Committee to resolve the differences of opinion and develop a plan to get total care for Mr. Neustadter.

Source: 28 No. 10 Verdicts, Settlements & Tactics art. 19 (Oct. 2008).

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