Betancourt v. Trinitas Hospital, A-3849-08T2; Appellate Division; per curiam opinion; decided and approved for publication August 13, 2010. Before Judges Carchman, Parrillo and Ashrafi. On appeal from the Chancery Division, Union County, C-12-09. [Sat below: Judge Malone.] DDS No. 29-2-9063 [26 pp.]
Rueben Betancourt underwent surgery at defendant Trinitas Hospital to remove a malignant tumor. While Rueben was recovering in the post-operative intensive-care unit, the ventilation tube that was supplying him with oxygen became dislodged. As a result, he developed anoxic encephalopathy, a condition that left him in a persistent vegetative state. Ultimately, he required dialysis three times per week, was maintained on a ventilator, developed decubitis ulcers that had developed into osteomylitis and was fed with a feeding tube. After various unsuccessful attempts to resolve the issue of continued treatment with Rueben’s family, defendant and various doctors, claiming that continued treatment would be futile and violated the standard of care, placed a Do Not Resuscitate (DNR) order in Rueben’s chart. In addition, defendant declined to provide further dialysis treatment.
