A recent lawsuit settlement in Augusta, GA has shed new light on an often emotionally challenging problem.
Staff at Doctors Hospital in 2012 failed to follow an advance directive signed by Bucilla Stephenson when she entered the medical facility. Four days later, Stephenson, who was 91, went into respiratory failure. One of the doctors ordered nurses to intubate her and hook her to a ventilator. She later had a feeding tube inserted, underwent multiple blood transfusions and had other procedures done.
This was all completed in spite of the advance directive saying she did not want medical treatment if there was no chance of recovery.
Stephenson’s granddaughter, Jacqueline Alicea, sued the hospital and the doctor who ordered the measures. Now finally, after hearings in front of two appellate courts and a Georgia Supreme Court opinion saying decisions about a patient’s health care ultimately lie with the patient or their designated agent – not the healthcare provider, the hospital has settled the lawsuit. It was scheduled to go to trial this month.
Attorneys representing the granddaughter believe that the results of this case could set a precedent for healthcare workers to better honor patient wishes.
We often hear of cases where a DNR (Do Not Resuscitate) order or advance directive is not followed. It is often challenging for medical professionals to essentially go against their training to heal. But the family discussions that lead to these decisions and documents are extremely difficult and well thought out. If the laws exist that allow patients and/or their designees to make these decisions, then the medical professionals who are providing treatment must follow those wishes. Hopefully, this case will go a long way in that regard.