Matter of Beth Israel Med. Ctr

In Matter of Beth Israel Med. Ctr., 136 Misc. 2d 931 [Sup Ct, NY County 1987], a hospital sought authorization to perform an emergency amputation of the leg of a 74-year-old partially paralyzed and aphasic woman, Sadie Weinstein. (136 Misc. 2d at 932.) The surgery was opposed by Ms. Weinstein's sister. As a result of a second stroke, Ms. Weinstein was bed bound, could not speak, and had little cognitive function. She was fed through a nasogastric tube. A neurologist determined that her condition was irreversible and would only decline. Her physical responses were haphazard. The court noted that while Ms. Weinstein was not completely comatose, she was "more mentally and physically debilitated than the patient in Storar." (Id. at 942.) The court determined that Ms. Weinstein "should be permitted to die with dignity" because the proposed surgery would "at best, unnecessarily prolong the natural process of her dying" and that there was "no human or humane benefit to be gained" from its performance. (Id.)