[WSBAPT] Health care directives not respected with "elective" surgery

[John J. Sullivan]

I have not had this situation. But this concern is why I always couple a Directive with a DPHC so another human can speak for the client if necessary. 

I do not believe the Natural Death Act supports the hospital’s condition that the precipitating event not be elective surgery. 

Has the client executed a POLST?

John J. Sullivan 

Sent from my iPad

> On Nov 22, 2017, at 2:00 PM, Mimi Wagner <mimi at sanjuanlaw.com> wrote:
> 
> Colleagues,
>  
> A client checked in for long-anticipated, important heart related surgery at a major King County hospital recently, and was told that the health care directives that the client had executed would not be respected by the hospital because this was “elective” surgery.  The hospital representatives told the client that if anything went wrong during the “elective” heart related surgery, and the client went into a permanent unconscious condition or a terminal condition, the hospital would keep the client alive by any means necessary.  Despite numerous arguments put forth by the client and others with the client, the hospital would not budge, so the client cancelled the “elective” heart surgery, which the client really needed to have.    
>  
> I suppose this may be the RCW 70.122.060 “Procedures by physician—Health care facility or personnel may refuse to participate” exception in action?  
>  
> I am shocked about this and am wondering if anyone has insight into this problem.  What is the solution?  That the patient has to check with the facility far in advance every time there is any “elective” surgery on the horizon, to make sure health care directives will be respected?    Do all hospitals refuse to honor health care directives in any case for “elective” surgery?   
>  
> Mimi M. Wagner
> Attorney at Law
> mimi at sanjuanlaw.com
> Phone (360) 378-6234
> Fax (360) 378-6244
> www.sanjuanlaw.com
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