New York Court of Appeals

In the Matter of Francis J. Fosmire, as Executive Vice-President of Brookhaven Memorial Hospital Medical Center v…

January 18, 199075 N.Y.2d 218

Summary

The New York Court of Appeals affirmed the Appellate Division’s order vacating the ex parte order authorizing blood transfusions, holding that a competent adult’s common‑law right to refuse medical treatment is not overridden by any State interest in this case, even though the patient is a parent. The Court emphasized due‑process requirements for notice and a hearing and found no statutory or compelling State interest to justify the forced transfusion.