Resident Kept Alive despite Do-Not-Resuscitate Order
In 1998, plaintiff’s decedent Madeline Neumann, 92, was a resident at the Joseph L. Morse Geriatric Center in Palm Beach. Neumann was suffering from Alzheimer’s and had been there since 1995. She had signed a living will, which stated that she did not want any extraordinary life saving measures taken in the event of a medical emergency. Neumann fell ill and was tended to by rescue workers who started the process of executing extraordinary life saving measures by intubating her. The family told the nursing home to remove the tube and Neumann died six days later.On behalf of Neumann’s estate, her daughter sued Joseph L. Morse Geriatric Center and her primary care physician, Jaimy Bensimon, for medical malpractice and negligence theories.The parties did not contest that Neumann had a valid living will that provided that she did not want life saving measures.
Plaintiff’s counsel argued that Morse Geriatric failed to note on her chart that Neumann wished to not have extraordinary measures taken. The chart was introduced into evidence at trial.
Barbara C. Malmuth, plaintiff’s expert in nursing home procedures, found fault with Morse Geriatric’s training procedures in regards to living wills. Malmuth said that while the policies Morse Geriatric had in place were sufficient, employees were not trained in the procedures and were often unaware of the them.
Plaintiff’s counsel argued Bensimon did not take steps to make himself aware of Neumann’s wishes.
Morse’s counsel argued that it was reasonable for their workers to have ignored any medical directives. The medical workers needed to evaluate what was wrong with her in order to attempt to comply with her living will. Defense medical expert Lee Fischer opined that the nursing home medical workers responded appropriately to an unanticipated emergency.
Benisimon’s counsel stated that Morse Geriatric did not provide him with a copy of Neumann’s will; therefore he had no knowledge of it.
Plaintiff’s counsel sought damages for Neumann’s pain and suffering during the dying process. To keep Neumann alive she was subject to measures such as the inserting of a catheter and intubation procedures. She regained consciousness, became distraught and attempted to remove tubes from her throat. Hospital staff then placed physical restraints on her. After life saving measures were removed, Neumann lingered for four more days until passing.
The jury found that the Joseph L. Morse Geriatric Center was negligent, but Bensimon was not negligent. It awarded $150,000. Plaintiff’s counsel indicated that this case was to their knowledge Florida’s first “prolonging of life” trial.