Fosmire v. Nicoleau.

• Author: Salyer, David R.
• Position: Refusal of medical treatment by pregnant Jehovah's Witness - New York

HELD: A competent and otherwise healthy adult patient may

decline lifesaving blood transfusions when the state has failed

to show superior and express interests in favor of preserving the

patient's life and/or benefiting her child.

Denise Nicoleau (the patient) and her husband were both medical professionals and Jehovah's Witnesses. Fosmire v. Nicoleau, 75 N.Y.2d 218, 222, 551 N.E.2d 77, 78, 551 N.Y.S.2d 876, 877 (1990). Mrs. Nicoleau, upon becoming pregnant, consulted a physician at Brookhaven Memorial Medical Center for prenatal care and the delivery of her child. Id. During the course of her pregnancy, Mrs. Nicoleau informed the doctor of her religious beliefs and her objections to blood transfusions. Id. Prior to her hospitalization, the patient clearly indicated on a preadmission form that she would consent "generally to medical procedures that may be necessary" but not "the administration of blood, pooled plasma or other derivatives." Id. Late in her pregnancy, a determination was made that a caesarean section would be necessary. Id.

On December 29, 1988, Mrs. Nicoleau was admitted to the hospital suffering from premature labor and that evening underwent a caesarean section. Id. The patient gave birth to a healthy baby boy. Id. However, following the procedure, Mrs. Nicoleau continued to hemorrhage, and it was determined that further surgery would be required. Id. at 222, 551 N.E.2d at 78-79, 551 N.Y.S.2d at 877-78. Despite her continued loss of blood, the patient and her husband persisted in their refusal to consent to necessary blood transfusions. Id. at 222, 551 N.E.2d at 79, 551 N.Y.S.2d at 878. Faced with this medical impasse, hospital officials decided to seek a court order authorizing the blood transfusions. Id.

The following morning an application for such an order, accompanied by the physician's affidavit, was made to the supreme court in Suffolk County. Id. at 223, 551 N.E.2d at 79, 551 N.Y.S.2d at 878. The physician's affidavit recited the patient's falling hemoglobin count and contained his professional opinion that "unless her medical condition improves (which I consider unlikely), she must have a blood transfusion in order to preserve her life." Id. At midday, without providing notice to the patient or her family of the hospital's application, Judge Fierro "signed an ex parte order authorizing the hospital to administer |necessary blood transfusions' to the patient." Id. Pursuant to the order and without the benefit of...