Bartling

In Bartling v. Superior Court (1984) 163 Cal.App.3d 186 [ 209 Cal.Rptr. 220 ] (Bartling I), we held that a competent nonterminally ill adult patient has a constitutionally based right to reject and/or terminate medical treatment. This appeal follows from a judgment of dismissal after the sustaining of a demurrer without leave to amend to appellants’ third amended complaint for battery, violation of constitutional and federal civil rights, breach of fiduciary duty, and intentional infliction of emotional distress and conspiracy. The sustaining of the demurrer was preceded by an order striking several allegations from the complaint. Appellants contend that the trial court erred in striking the allegations, absent which the demurrer assertedly would not have been sustained.

Factual Background

On April 8, 1984, William Bartling entered Glendale Adventist Medical Center (Glendale Adventist) for treatment of severe chronic depression. At the time of his admission, Bartling was suffering from pulmonary emphysema, atherosclerotic cardiovascular disease, coronary arteriosclerosis, an abdominal aneurysm and lung cancer.

On April 14, 1984, a needle biopsy of Mr. Bartling’s left…