Law Offices of Frese, Whitehead & Anderson P.A.

Local: 321.473.3295

Toll free: 866.510.7362

We can tailor a solution to meet your needs. Find out how.

What if my doctor refuses to follow my advanced directive?

When it comes to end of life decisions, you may have very clear ideas of how you prefer things to go. Of course, in most circumstances, the end of one's life may be the event that is the most challenging to plan around. Still, you can make provisions set around certain possibilities and dictate a healthcare surrogate if you are unable to cognitively represent yourself or your wishes at the time. 

A durable power of attorney regarding your advanced directive is a legal granting of authority to a delegated person to make decisions regarding your end of life wishes. This could be artificial life support, among other specific powers, typically concerning life-prolonging acts.

But what if your attending physician refuses to acknowledge your wishes, even when they've been properly relayed by your medical surrogate as indicated in your advanced directive?

In cases where the physician feels so strongly against carrying out the wishes of a patient because they are against their set of ethics, must make a reasonable effort to transfer your health care to another physician or facility that is willing. The physician must do this within a week's time and must pay the cost of transport. If they are unable to do this, they must carry out the wishes unless they can get judicial intervention. 

If you have strong feelings regarding your end of life wishes, delegating a health care surrogate to carry out your advanced directives is a viable option that may not ever come under any dispute. A Florida health care law attorney may be able to simplify the process and get your wishes set in stone.

No Comments

Leave a comment
Comment Information
AV LexisNexis Martindale Hubbell Peer review Rated for Ethical Standards and Legal Ability Super Lawyers The Florida Bar Board Certified Real Estate The Florida Bar Board Certified Taxi Law The Florida Bar Board Certified Wills, Trusts and Estates The Florida Bar Board Certified Civil Trial Florida Trend The Issues, People and Ideas that Define Florida Business