Legal Question in Medical Malpractice in Pennsylvania

my father passed away recently at home. my brother was there, and after my father collapsed on him, he more or less was in shock and panicking; he called me. i called 911 and reported that my father had died and my brother didn't know what to do, please send someone up there ASAP because my brother is flipping out. i think i did request an ambulance or something (i was distraught, crying, don't remember my precise words, but i do remember telling them that my father was dead and my brother was the one who needed help). at this time, my father had no pulse, he was not breathing. when the ems came they began cpr and started to use a hand respirator to pump air into my father's lungs. my brother provided the ems with a copy of my father's advance directive which clearly states that he does not wish to be recesutated, and he did not want to be put on life support. his advanced directive and will accompanied his body to the hospital. once there, the hospital revived him; they gave him a ton of drugs to get his heart pumping and stuck him on a respirator (life support). now, i would point out that this is a 73 year old man with a significant medical history. he has been dead for nearly an hour. figuratively speaking, he went to the emergency room with a note pinned on his chest saying that he did not anyone to do exactly what they did to him. no family member went to the hospital (i live some distance away, and my brother was in shock), so there was no one there begging the doctors to bring him back. he wanted peace, but instead, a number of procedures were done on his body to prolong his death. my brother and i were later called, had to go to the hospital and order that he be removed from life support. as soon as the support was removed, my father died (again).

the doctors explained that because we requested an ambulance, it gave them carte blanche to do whatever they felt is necessary to save his life; his directives were thrown out the window although, as mentioned, a hard copy of his paperwork accompanied his body to the hospital.

#1 if you aren't supposed to call an ambulance, who on earth are you supposed to call in a situation like this? #2 considering his advanced age, significant medical history, what could anyone ever possibly hope to "get back" if he had been revived? even the doctor admitted that he could be kept "alive", but he would never live; why ignore directives when he's already been dead for such a long period of time and you're only prolonging his suffering as well as forcing the family had to go through all of this? #3 if ambulance personnel are required to do what they can to save the person, does that extend once the patient reaches the hospital? #4 were any laws broken? i feel they violated my father's right to self determination, but i don't know what PA law is.


Asked on 11/13/10, 10:25 am

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Without question hospitals are required to follow advanced directives. However, you presume the advanced directive was brought the attention of hospital personnel or ambulance personnel prior to you requesting removal of life-support. Your brother, was emotionally distraught and undoubtedly did not tell ambulance personnel that he simply wanted the body transported to the hospital and not resuscitated. I cannot say because I do not believe that the matter has been litigated at appellate level in Pennsylvania, that hospital or ambulance personnel before providing lifesaving treatment do an investigation to learn about advanced directives. I'm inclined to say that if presented with the question, an appellate court would not create such a duty. the hospital cannot decide to not resuscitate a person simply because of their age and significant medical history.

If you or your brother instructed them to stop and showed them the advance directive and they continued notwithstanding, you would be able to enforce the directive in court. As it turns out, from my reading of your narrative, when you requested termination of advanced life support, it was terminated.

All your brother had to do was say.stop.

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Answered on 11/19/10, 10:19 am


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