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Tuesday, September 14, 2010

JACQUELINE BETANCOURT V. TRINITAS HOSPITAL A-3849-08T2

JACQUELINE BETANCOURT V. TRINITAS HOSPITAL

A-3849-08T2 08-13-10

Although this appeal raises a significant issue regarding

the conflict between a patient and healthcare providers

regarding the continuation of medical treatment where the

patient is in a persistent vegetative state, we grant

plaintiff's motion to dismiss the appeal as moot. We conclude

that the following factors support such dismissal: 1) the

patient is deceased and the results of this appeal will not

affect his rights; 2) there is a dispute between the parties as

to the decedent's condition at the time medical treatment was

withdrawn; 3) the record is inadequate to address the issues in

dispute; 4) the prospect of a malpractice action by plaintiff

against the healthcare providers, as well as the substantial

outstanding medical bills, create issues that are unlikely to

reoccur.