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Spring 2014
IN THIS ISSUE
d&G Lawyer News
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Q & A – End of Life Planning
Q. Can a hospital or other medical facility require the execution or waiver of an advance directive?
A. No. A health care facility is required to follow a patient’s advance directive, and provide the patient with information about advance directives, but the facility cannot require the execution or waiver of an advance directive.
Q. What if an advance directive is contrary to a health care facility’s or provider’s moral or ethical beliefs?
A. The facility or provider is not required to commit any act contrary to the facility’s or provider’s moral or ethical beliefs if: the patient is not in an emergency condition and the patient has received written information upon admission of the facility’s or provider’s moral and ethical beliefs. Section 765.1105, Florida Statutes. Thus, if a patient’s advance directive is contrary to the facility’s or provider’s moral or ethical beliefs, the facility or provider must make reasonable efforts to transfer the patient to a facility or provider who will follow the advance directive or treatment decision. Within 7 days, the provider or facility must either transfer the patient and pay for the costs of transfer to another facility that will carry out the advance directive OR if the patient has not been transferred, carry out the advance directive. Section 765.1105, Florida Statutes.
Q. When can a health care surrogate or proxy exercise a patient’s right to forego life sustaining treatment?
A. In the absence of a living will, a health care surrogate or proxy can exercise a patient’s right to forego life sustaining treatment 1) once the surrogate is satisfied the patient has no medical probability of recovering and 2) the patient is in an end stage condition, a persistent vegetative state, or the condition is terminal. Section 765.304, Florida Statutes.
Q. What happens if the terms of the living will conflict with the decision of the health care surrogate or proxy?
A. In the event of a conflict between the living will and the health care surrogate or proxy, the health care provider MUST adhere to the terms of the living will. Sections 765.105 and 765.205, Florida Statutes. In the event of a disagreement, the health care provider should wait seven (7) days for a challenge to the proposed action and then proceed with the terms of the living will. Section 765.304(1), Florida Statutes.
Q. In Florida, what is the procedure for a pregnant patient that is in a persistent vegetative state?
A. Unless the pregnant patient expressly gives the proxy or surrogate the right to act, in writing, the surrogate or proxy cannot give consent for 1) abortion or 2) withholding or withdrawing life prolonging procedures prior to viability. Section 765.113, Florida Statutes.
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