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  • Title: Delio v. Westchester County Medical Center.
    Author: New York. Supreme Court, Appellate Division.
    Journal: N Y Suppl Second Ser; 1987; 516():677-94. PubMed ID: 17083201.
    Abstract:
    Court Decision: 516 New York Supplement, 2d Series 677; 1987 Jun 1 (date of decision). A 33-year-old patient in a chronic vegetative state, with no cognitive awareness and no hope for improvement as a result of complications from a routine surgical procedure, relied on two surgically inserted tubes for nutrition and hydration. His wife petitioned the county Supreme Court to be appointed conservator with the express authority to order withdrawal of the tubes. Citing the absence of statutory authority, the Supreme Court denied the petition and the plaintiff appealed to the Appellate Division of the New York Supreme Court, which reversed. In reaching its conclusion, the Appellate Division held that there was no compelling state interest to override the patient's prior clearly expressed wishes not to be kept alive by artificial means.
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