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Understanding the Medical Malpractice Risks

When patients complete Do Not Resuscitate (DNR) orders or Medical Orders for Life-Sustaining Treatment (MOLST) forms in New York, they are making deeply personal healthcare decisions about how they wish to be treated in critical moments. However, if a healthcare provider ignores these legally binding orders and performs unwanted interventions, it can cause serious harm — and even lead to a medical malpractice claim.

What Is a DNR Order in New York?

A Do Not Resuscitate (DNR) order instructs medical staff not to perform cardiopulmonary resuscitation (CPR) if a patient’s breathing or heart stops.

In New York, DNR orders can be issued for patients in hospitals, nursing homes, or even at home. They must be:

• Signed by a physician, nurse practitioner, or physician assistant.
• Clearly documented in the patient’s medical record.
• Accessible to healthcare workers in an emergency.

A DNR is not about withholding other treatments; it specifically addresses CPR and advanced cardiac life support.

How to Get a DNR Form:

You can request a DNR form directly from the hospital or healthcare facility where you are receiving treatment. If you are planning ahead or managing care at home, you can also obtain a DNR form through the New York State Department of Health or your local county health department. These forms must be properly completed and signed by a licensed medical professional to be legally valid.

What Is a MOLST Form?

A Medical Orders for Life-Sustaining Treatment (MOLST) form is a more comprehensive document than a DNR. It covers a wider range of healthcare decisions, including:

• Intubation and mechanical ventilation
• Feeding tubes
• Dialysis
• Hospital transfers

MOLST forms are typically used for patients with serious health conditions or a limited life expectancy.

Like a DNR, a MOLST form must be:

• Signed by a licensed healthcare provider after consultation with the patient (or their healthcare proxy).
• Reviewed periodically, especially if a patient’s health status changes.

MOLST forms are legally binding and honored across all healthcare settings in New York.

 Medical Malpractice Risks When DNR Orders Are Ignored

If a patient is harmed because a DNR order was ignored, it may be considered medical malpractice.

Affected families can pursue legal claims for:

1. Civil Liability: Families may bring a medical malpractice lawsuit for damages related to physical harm or prolonged suffering caused by unwanted resuscitation or life-sustaining treatment.
2. Wrongful Death Claims: If a patient is revived against their expressed wishes and suffers as a result—or dies due to complications—family members may pursue legal claims based on the violation of their right to a dignified death.
3. Disciplinary Action: Healthcare providers may face disciplinary measures by the New York State Office of Professional Medical Conduct (OPMC) or the Office of the Professions, which can include license suspension, fines, or mandatory retraining.
4. Violation of Patient Rights: Ignoring a DNR or MOLST can be considered a breach of the New York Public Health Law, particularly Article 29-B and Article 29-CCC, which govern the rights of patients to make end-of-life decisions and have them honored.
5. Healthcare Provider Liability: Hospitals or providers may also face administrative penalties or civil liability for violating New York’s Public Health Law §2994, which governs DNRs and advance directives.

These cases are fact-sensitive and may depend on witness testimony, documentation of the DNR, and whether the conduct was negligent or egregious.

Additionally, healthcare providers who violate a DNR or MOLST order may face disciplinary actions from licensing boards and professional organizations.

How to Protect Yourself or a Loved One

If you or a family member have a DNR or MOLST in place, take steps to ensure it is honored:

• Communicate clearly with your medical team about your wishes.
• Keep copies of DNR and MOLST forms easily accessible.
• Inform family members and caregivers about the existence of these documents.
• Review and update orders regularly with your healthcare provider.

Legal Action for DNR or MOLST Order Violations

When a valid Do Not Resuscitate (DNR) or Medical Orders for Life-Sustaining Treatment (MOLST) form is ignored, the consequences can be serious. Patients may be subjected to unwanted medical interventions, physical suffering, emotional trauma, and a violation of their documented healthcare wishes.

Failing to follow these directives may amount to medical malpractice. If you or a loved one suffered harm because a healthcare provider failed to respect a DNR or MOLST order, you may be entitled to compensation.