Finally, Legal Recourse When Doctors Ignore End-of-Life Directives
What if you spent time and money creating your estate plan including a living will and health care advanced directive? Then, only to have doctors and hospital ignore your legal end-of-life wishes?
You might feel the same frustration as Elaine Greenberg did. Doctors and a hospital in Westchester County, New York ignored her husband’s end-of-life directives. As a result, he suffered for 30 days instead of receiving comfort care and passing peacefully.
In this case, the doctors and hospital are being held accountable. This outcome is significant and may set an important legal precedent. Unfortunately, many families report that healthcare providers ignore directives. In many cases, families have little recourse when this happens.
The Advanced Directive: Lower Court’s Decision Overturned
Here’s what happened with this case. As reported by a local paper in Westchester County. The Appellate Division of the New York State Supreme Court overturned a lower court’s decision that stated, “a dying Westchester County man did not suffer any damages by being kept alive for 30 days at Montefiore New Rochelle Hospital when doctors refused to follow his living will or his wife’s legal requests as his health care proxy.”’
According to the article, “When the lower court dismissed the case, the Greenbergs appealed, and Compassion & Choices submitted a friend-of-the-court brief on behalf of Stacey Gibson, a Garrison, New York, resident who has executed her own advance care planning documents and wants those documents enforced if or when necessary; and of Jennifer Friedlin, a Brooklyn resident who was a designated proxy for her father with advanced Alzheimer’s and whose advance care planning documents were disregarded by hospital staff at the end of his life.”
Additional Results
Officials at Compassion & Choices, a national nonprofit dedicated to expanding and empowering options at the end of life such as medical aid in dying stated, “This reversal, issued March 31, marks the first time doctors and a hospital are being held accountable for ignoring or violating the documents that many people fill out and depend on — and that’s critical for ensuring that a person’s wishes are respected. Put simply, if people can sue for damages when healthcare providers and hospitals ignore do-not-resuscitate orders and living wills, those providers will be far more likely to follow them,” the nonprofit said in the amicus brief.https://patch.com/new-york/southeast/hudson-valley-activist-relieved-ruling-death-dignity-suit?fbclid=IwAR0XryTR2JgewYhLaLIMJDyWYUpw61RYAcT3yqBtMNXX-M8e5pqSaAiw0hI
The Legal Right To Refuse Treatment When That Refusal May Result In Death
Every competent adult has the legal right to refuse medical treatment, even if that decision may result in death. This is why creating an advance directive is so important. It allows you to clearly state your wishes before a crisis occurs.
Discussing end-of-life decisions is not easy, especially during the prime of life. However, these conversations can prevent confusion and suffering later. Without clear guidance, families may struggle to honor your wishes.
Elaine Greenberg shared her husband’s experience after he died at 68 from a progressive neurological disease. She described his life as full and meaningful, but his death as difficult and prolonged. That experience led her to advocate for patient choice and dignity in end-of-life care.
Advocates, including Compassion & Choices, continue to push for better protections. Their goal is to ensure individuals have control over their end-of-life decisions.
If Your Medical Directives Has Been Ignored
Medical professionals cannot ignore valid medical directives without legal risk. If a provider denied your loved one’s documented wishes, you may still have options. With proper legal documents, you may be able to hold those parties accountable.
If you’re ready to create an estate plan, living will, or medical directive, contact our office. We strongly encourage you to act while you are fully competent. Planning ahead protects your wishes and reduces the burden on your loved ones.
Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!
