'Death with dignity'

'Death with dignity'
on trial in Florida
In potential precedent, jury considering
whether doctor wrongfully prolonged life

In a case that could establish a legal precedent, a jury in Florida has been asked to decide whether a woman was deprived of a right to "die with dignity."

A nine-year-old lawsuit on behalf of Madeline Neumann charges doctors wrongfully took measures to prolong the 92-year-old's life, violating a living will, the South Florida Sun-Sentinel reported.

Filed by Neumann's granddaughter, Linda Scheible, the suit against Joseph L. Morse Geriatric Center and Dr. Jaimy Bensimon is thought to be the first of its kind to reach the trial level in Florida.

Neumann, diagnosed with Alzheimer's disease and a seizure disorder, wanted the legacy of a peaceful death after losing a daughter to leukemia and another to esophageal cancer, according to Marnie Poncy, supervising attorney with the bioethics law project of the Palm Beach Legal Aid Society, which is helping litigate the case.

Neumann's living will directed that life-prolonging treatments be withheld if she was in the process of dying or if there was little likelihood she would return to a state of self-awareness.

The Florida paper said, however, her medical chart at Morse Geriatric in West Palm Beach did not include a do not resuscitate order.

Neumann was found unresponsive the evening of Oct. 17, 1995, after suffering a seizure that morning. Bensimon, who was called at home, told a nurse to call 911 after learning there was no DNR order. Paramedics subjected Neumann to intubation and then restrained her as she fought to remove the tubes. Before dying six days later, she was given invasive treatment, Poncy said.

Bensimon's attorney argued there could have been an endless number of things wrong with Neumann, and the doctor did what he thought was best for her.

"The evidence will show Dr. Bensimon did nothing wrong," said attorney Jim Nosich.