New York

Bartling v. Superior Court in New York Law

How Bartling v. Superior Court applies in New York: state-specific rules, key cases, and bar exam notes for Health Law (Right to Refuse Treatment).

State Approach

New York recognizes the right to refuse medical treatment under the 'autonomy' principle embodied in both common law and statutory provisions, particularly in the context of patients’ rights. The state's approach is closely aligned with the fundamental principle that individuals possess the right to make decisions regarding their own medical care.

State Rule
In New York, competent adults have the right to refuse medical treatment, even if such refusal may result in harm or death, as long as the decision is informed and voluntary.
Significant State Cases

In re Storar

The court upheld a patient's right to refuse treatment, emphasizing that the decision must be informed and voluntary.

In re John Z.

This case confirmed the right of minors to refuse certain medical treatments under specific conditions, stressing the importance of parental consent and the minor's understanding.

Rochin v. California

Although primarily a criminal case, it highlighted the constitutional implications of bodily autonomy and the right to refuse unwanted medical procedures.

Comparison to Federal Law

New York's approach to the right to refuse treatment closely follows federal standards established under the Patient Self-Determination Act. However, state laws in New York are more explicit about patient autonomy and informed consent, ensuring broader protections at the state level.

Bar Exam Note

The principles related to the right to refuse treatment are often tested on the New York bar exam, particularly in the context of health law and patient rights.

Practice Pointers
  • Always assess a patient's capacity to make informed decisions regarding their treatment.
  • Document all discussions regarding treatment options and the patient's right to refuse, ensuring clarity and compliance with legal standards.
  • Stay updated on recent state rulings or changes to health law that may affect patients' rights and treatment refusals.

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