Monday, February 8, 2021

Wrongful Life Litigation

A couple of weeks ago the New York Times ran this article,  Filing Suit for ‘Wrongful Life’, which asks this question: "More Americans are writing end-of-life instructions as the pandemic renders such decisions less abstract. But are medical providers listening?" The article features one case in litigation where the surviving spouse claimed that the health care providers failed to honor the patient's directive claiming the health care providers "disregarded a New York State MOLST — medical orders for life-sustaining treatment — form and his spouse’s explicit instructions to a doctor who called to seek her guidance."  The article gives a good explanation of the issues and a review of prior cases on similar topics. This is an important issue and I'm going to have my students read the article.

https://lawprofessors.typepad.com/elder_law/2021/02/wrongful-life-litigation.html

Advance Directives/End-of-Life, Consumer Information, Current Affairs, Health Care/Long Term Care, State Cases, State Statutes/Regulations | Permalink

Comments

My parents assisted facility contacted me last week because they determined that they did not have a DNR (Do Not Rescuscitate) on file. I directed the staff to their Living Wills on file with the facility. Interestingly, they stated they would ignore the Living Wills (aka Advance Directive) and if I did not have a DNR executed and on file with them and my parents would be "Coded" (all means used to sustain life). I believe what I will do is execute the DNR and direct that the Living Will's terms be followed. Interesting conundrum.

Posted by: Tom N. | Feb 8, 2021 8:46:55 AM

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