Duarte v. Chino Community Hospital

Martha Duarte was admitted to Chino Community Hospital (hospital) (defendant), where she was placed on a respirator. Dr. Virabantha, a neurologist, told Duarte’s family (plaintiffs) that Duarte was in a persistent vegetative state and would not recover. Duarte had told family members that she would never want to be kept alive by a respirator. The Duarte family told Virabantha that they wanted Duarte to be taken off the respirator. Dr. Honzen Ou (defendant), Duarte’s treating physician, asked Duarte’s son to consent to the installation of a feeding tube for long-term care. The son refused and asked for the removal of the respirator. Ou responded that he would not authorize the removal of the respirator unless the Duartes obtained a court order or unless Duarte was determined to be brain-dead. The Duartes prepared to petition for a court order. A few days later, Virabantha determined that Duarte was brain-dead. The Duartes sued the hospital and Ou, claiming intentional infliction of emotional distress. The trial court rejected the Duartes’ jury instruction that an attending physician asked to remove life support had a duty to determine whether the patient had a reasonable chance of recovery and to act according to the patient’s wishes as expressed by appropriate decision-makers. The instruction stated that a physician’s failure to perform either duty was negligence. The court determined that neither the hospital nor Ou had engaged in outrageous conduct and entered judgment for the hospital and Ou. On appeal, the Duartes argued that the limits on liability in California’s Probate Code (code) and the Natural Death Act (act) did not apply because Duarte had not assigned a durable power of attorney for healthcare or made a declaration such as an advance directive.