In their recurrent column for New York Law Journal on Law.com, New York medical malpractice attorneys Thomas A. Moore and Matthew Gaier discuss “Liability for Violating Directives to Forgo Life-Sustaining Treatment.”
In the state of New York, a person has the right to choose if they would like to receive or deny life-sustaining treatment. However, in order to make this decision, you must be of sound mind when you write or state your wishes. A surrogate may refuse to consent to provide life-sustaining medical treatment if a patient is deemed incompetent, established by clear and convincing evidence. Furthermore, there is a question of whether or not a doctor should be held liable for not adhering to a “Do Not Resuscitate” (DNR) and whether a violation of that right gives rise to liability in tort.
To read the full article, click here.
This medical malpractice column in the New York Law Journal on Law.com, co-written by KDLM partners Tom Moore and Matt Gaier, is a resource used by countless attorneys throughout New York state.