|"Wrongful Life" Lawsuit Dismissed|
|Wednesday, October 12 2011|
A New York state court has dismissed a “wrongful life” lawsuit against a doctor who saved a woman's life by giving her a blood transfusion.
Nancy DiGeronimo, a Jehovah's Witness, sued Dr. Allen Fuchs and Staten Island University Hospital for medical malpractice alleging the transfusion conflicted with her religious beliefs and a health-care proxy she signed in 1995 explicitly directing she not receive any "allogenic" blood transfusions.
According to news reports, DiGeronimo's husband, also a Jehovah's Witness, consented to the transfusion while she was unconscious in an effort to save her life following a difficult childbirth. It was undisputed that her husband had the legal right to give consent for the procedure and that the transfusion was necessary to save her life.
While recognizing that Ms. DiGeronimo may have been offended or emotionally upset by the transfusion, the judge ruled that it did not deviate from accepted standards of care.
"The plaintiff's argument, taken to its logical conclusion, is that the doctor should have allowed her to die rather than give her an 'allogenic' blood transfusion," state Supreme Court Justice Joseph J. Maltese wrote in a decision. "Since the plaintiff's transfusion saved her life, this action is analogous to one for 'wrongful life' against the doctor. However, there is no cause of action for 'wrongful life' in the state of New York."
—Source: SiLive.com (New York)