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Posted on April 1, 2019 at 4:30 AM

Last year, I blogged about the $1 million settlement in the Alicea v. Doctor’s Hospital case in Georgia where clinicians administered treatment that the patient refused in her advance directive and through her agent.


Now, there is another $1 million settlement. Humboldt County officials prevented clinicians from honoring Dick Magney’s advance directive. The state courts already ruled that the county had to reimburse the Magney’s for legal fees. The federal case is a section 1983 suit for damages.


In December 2018, the U.S. District Court for the Northern District of California denied the defendants’ motion to dismiss on the grounds of qualified immunity, ruling that plaintiffs pleaded a clear violation of a clearly established constitutional right to determine one’s own medical treatment,” “to refuse unwanted medical treatment,” and “a fundamental liberty interest in medical autonomy.” In March 2019, the county voted to approve the $1 million settlement. 


Posted on

Last year, I blogged about the $1 million settlement in the Alicea v. Doctor’s Hospital case in Georgia where clinicians administered treatment that the patient refused in her advance directive and through her agent.


Now, there is another $1 million settlement. Humboldt County officials prevented clinicians from honoring Dick Magney’s advance directive. The state courts already ruled that the county had to reimburse the Magney’s for legal fees. The federal case is a section 1983 suit for damages.


In December 2018, the U.S. District Court for the Northern District of California denied the defendants’ motion to dismiss on the grounds of qualified immunity, ruling that plaintiffs pleaded a clear violation of a clearly established constitutional right to determine one’s own medical treatment,” “to refuse unwanted medical treatment,” and “a fundamental liberty interest in medical autonomy.” In March 2019, the county voted to approve the $1 million settlement. 

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