Legal Question in Medical Malpractice in California

In May 2010, I admitted my fiancee into a hospital A hospital social worker employee witnessed my fiancee's Health Care Advance Directive, which named me as the designated agent for having Power of Attorney, I had the Directive notorized. Doctor Suspect#1, an independent contractor of the hospital, performed a surgical procedure on my fiancee in the hospital. Shortly after the surgery, I discovered DNR had been ordered on my fiancee, who was of sound mind. I discussed the DNR with my fiancee, still a patient in the hospital. My fiancee told me she wished to be resuscitated if her heart stopped. I asked my fiancee's nurse to have the DNR order revoked at once. The following day I asked a charge nurse to have my fiancee's attending doctor (Doctor Suspect#2) speak with me about the DNR, which hadn't been revoked. Doctor Suspect#2, an independent contractor of the hospital, wasn't in. Doctor Suspect#2 never returned my phone calls, and never responded to a letter I wrote him to revoke the DNR. The letter is now part of my fiancee's medical record. My fiancee, who was a hospital patient for 9 days, died in the hospital and was not resuscitated. Question #1... If myself and my fiancee of sound mind did not request DNR while she was living, was it unlawful for the DNR to be ordered? Question #2... If I wasn't married to my fiancee but had Health Care Power of Attorney on her behalf, do I have the right to sue in California for medical malpractice? Question #3... Can a complaint be filed in the Superior Court for medical malpractice without authorization from the government agency which licenses doctors to practice medicine?


Asked on 12/19/10, 1:33 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

IF you can obtain medical expert opinion that the patient could have be resuscitated successfully, then you get to argue your DNR issues, and your 'standing' to bring suit. Without being married, you probably do not have such standing, only the legal heirs do. Your rights under the POA died with the patient. I suggest you talk to the heirs. IF you can get a supporting medical opinion, and the heirs cooperation, feel free to contact me to discuss the facts.

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Answered on 12/24/10, 10:32 am


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