Newark, NY asked in Health Care Law for New York

Q: I live in NY State, can refusal of medical treatment for a heart attack be construed as mental illness?

I know I will die if I refuse. But after prolonged illness, I am ready to die.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your painful situation. As attorneys, we can't make determinations of mental illness. That requires a diagnosis from a mental health professional. If you stopped me on the street to ask this, I could only say that I believe it comes from someone highly intelligent who could formulate such an analysis, and who is in great pain from illness, not mentally ill. But that means nothing in terms of a legal determination; it is a lay person's opinion for all intents and purposes.

This forum probably isn't the best place for guidance for something so serious. Our responses here are generally brief and limited to general legal issues. Maybe a consult with counselors could be more useful. I hope you find medical solutions to your illness that give you relief from your pain and the strength to want to continue living. Good luck

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