A U.S. district court holds that Casey Kasem's wife has not proven that the hospital treating him was negligent when it stopped proactive life-saving measures for him because she did not present any expert witness testimony. Kasem v. Catholic Health Initiatives (U.S. Dist. Ct., W.D. Washington, No. C17-5461 BHS, Sept. 19, 2018).
Famous radio personality Casey Kasem's daughter, Kerri Kasem, obtained guardianship of him after a dispute over his care with his wife, Jean Kasem. Kerri had him transferred to a hospital, where she authorized the cessation of proactive life-saving measures. Mr. Kasem died at the hospital at age 82.
Jean sued the hospital for negligence and wrongful death. The hospital asked for summary judgment, arguing that Jean did not prove the wrongful death or negligence claims with expert testimony.
The U.S. District Court, W.D. Washington, grants the hospital summary judgment, finding that the hospital's actions were supported by statements from Casey's doctors. According to the court, Jean "has not produced an expert opining that [the hospital's] treatment fell below the applicable standard of professional care when it withheld artificial hydration and nutrition and proactive care from Casey."
For the full text of this decision, click here.
Did you know that the ElderLawAnswers database now contains summaries of more than 2,000 fully searchable elder law decisions dating back to 1993? To search the database, click here.