Geriatric center and medical director sued for wrongful-prolongation-of-life
A Florida geriatric center and its medical director are being sued for inserting a breathing tube into a 92 year old woman whose living will and advanced directives classified her as a DNR.
The Geriatric center and medical director state that they were aware of the do-not-resuscitate order, or DNR, but claim that the breathing tube was a protective and appropriate treatment, because the patient was unconscious, had no gag reflex, and was in danger of choking to death. Moreover they are stating that the breathing tube “wasn’t resuscitation (and that)DNR doesn’t mean do not treat. It means do not resuscitate.”
This is the first wrongful-prolongation-of-life case in Florida to go to trial and will highlight the ambiguities and difficulties associated with DNR orders.
This is a clear case of a lack of understanding on the part of the caretakers and the physician when it comes to living wills and DNR orders. It sounds as the the family wanted absolutely nothing done for the patient and if that is the case she should have been placed into hospice care.
The family believed that the living will made the patient a DNR and that a DNR meant do not treat. People and healthcare need to realize that a living will does not say”do not treatment if I am suffering from a critical illness” it say do not treat me if I am terminal or in a persistent vegatative state.
I would recommed that anyone who has or is considering a living will read “Understanding Your Living Will” What you need to know “before” a medical emergency. This was featured by Jane Brody of the New York Times on 11-28-2006(medical Due Diligence: Living wills should spell out specifics). I will also say that living wills are associated with a significant risk to patientr safety as they are unfortuantely misinterpreted as a DNR, mostly due to their structure. Think about it. This is a document that is wtrfitten by attorneys and got nation wide recognition by politicians and if then interpreted by a physician. If that is not a disconnect I do not know what is!!!