February 2, 2018

Good Law | Bad Law #63 - Wrongful Prolongation of Life W/ Tim Barnes

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast series Good Law | Bad Law, is joined by Tim Barnes, of counsel at the Porzio firm in NJ, who is working on a ground-breaking case for wrongful prolongation of life.

 

Ms. Stica was an 89-year-old woman when she was admitted to the hospital. Before her admission, she had signed a DNR which means, physicians were not supposed to make any extraordinary efforts to save her life if something were to happen while she was in the hospital.

 

Unfortunately, the physicians at the hospital did not honor the DNR request because her chart had not been properly marked. While in the hospital, Ms. Stica went into cardiac arrest. Because her chart was not properly marked, the physicians did everything they could to save her life, and they succeeded. They got Ms. Stica’s heart beating again and called Ms. Stica’s daughter with the good news.

 

The physicians realized their mistake when Ms. Stica’s Daughter told them her mother had a DNR. Unfortunately, Ms. Stica lived in pain for another 6 months before finally passing away at a nursing home.

 

The case that Tim has brought forward on behalf of Ms. Stica is one of the first cases where wrongful prolongation of life has been claimed and if successful, it will have a huge impact in our legal system for years to come.

 

To learn more about the cases mentioned in the episode click the links below:

Stica case: https://www.law.com/njlawjournal/sites/njlawjournal/2017/10/13/nj-judge-recognizes-cause-of-action-for-wrongful-prolongation-of-life/?back=law

Berman Case: https://law.justia.com/cases/new-jersey/supreme-court/1979/80-n-j-421-0.html

 

Join Aaron Freiwald and Tim Barnes from the Porzio firm as they discuss wrongful prolongation of life.

 

Remember to tune in every Friday for new episodes of Good Law | Bad Law!

 

Host: Aaron Freiwald

Guest: Tim Barnes

 

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