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Malpractice and Negligence: Estate of Taylor v. Muncie Medical Investors, L.P.

Published online by Cambridge University Press:  01 January 2021

Stefanie Roberti
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Extract

The Court of Appeals of Indiana upheld the trial court's judgment and refused to create a new tort for “wrongful prolongation of life” because existing law offers a remedy to those who do not wish to be kept alive through artificial measures. Specifically, the court affirmed the trial court's dismissal in favor of Muncie Medical Investors, LP, the operator of Woodlands Nursing Home (“Woodlands”) since the plaintiffs could have sought relief under I.C. § 16-36-1-8 which provides for court resolution of disputes regarding an individual's treatment at the end of life.

In 1992, Rebecca Taylor suffered a stroke that left her paralyzed on her left side and confined to a wheelchair. Taylor executed a living will in late 1993 directing that if she was suffering from a terminal illness with “no reasonable possibility of recovery,’’ then no “extraordinary means” to prolong her life should be used.

Type
Article
Information
Journal of Law, Medicine & Ethics , Volume 28 , Issue 2 , Summer 2000 , pp. 195 - 197
Copyright
Copyright © American Society of Law, Medicine and Ethics 2000

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References

No. 18A02-9904-CV-265, 2000 WL 424306 (Ind. App. Apr. 20, 2000).Google Scholar
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See I.C. § 16-36-1-8 (providing that any interested individual may petition the probate court to make a health care decision, order health care for an individual incapable of consenting, or appoint a representative to act for the individual).Google Scholar
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