What is the name of your state? New York
My mother recently passed away in a hospital. I am not yet sure of the cause of death (no death certificate yet) but the most likely cause is congestive heart failure.
She entered a hospital with a broken leg about one month ago, was operated on, suffered a heart attack while being transported to rehab, and taken to a 2nd hospital where she died about two weeks later. We were told at the 2nd hospital that she had congestive heart failure and fluids in her lungs from the congestive heart failure. She was being treated with lasix to remove the excess fluid and morphine for the pain (her leg). Her treatment was going well, with periods of restless sleep and other periods of conversation and even singing. She was lucid when she was awake.
My sister, as legal Health Care Proxy, signed a Do Not Resuscitate order which stopped my mother's active treatment (trying to improve her condition with the lasix) and began passive treatment (provide comfort with increased morphine until death - in nurse's circles, its called "snowing") which resulted in my mother's death approximately 24 hours after the signing.
The DNR order was against my mother's wishes. She knew she was going to die soon but repeatedly stated, in the presence of family and hospital staff, that she didn't want a DNR order, that she wanted to go home, that she wanted to see her grandchildren graduate school, that she wanted to meet my fiancee, etc etc.
Question: Can legal action be taken against my sister for the wrongful death of my mother based on the statements made by my mother while in the hospital, either civil or criminal?
My mother recently passed away in a hospital. I am not yet sure of the cause of death (no death certificate yet) but the most likely cause is congestive heart failure.
She entered a hospital with a broken leg about one month ago, was operated on, suffered a heart attack while being transported to rehab, and taken to a 2nd hospital where she died about two weeks later. We were told at the 2nd hospital that she had congestive heart failure and fluids in her lungs from the congestive heart failure. She was being treated with lasix to remove the excess fluid and morphine for the pain (her leg). Her treatment was going well, with periods of restless sleep and other periods of conversation and even singing. She was lucid when she was awake.
My sister, as legal Health Care Proxy, signed a Do Not Resuscitate order which stopped my mother's active treatment (trying to improve her condition with the lasix) and began passive treatment (provide comfort with increased morphine until death - in nurse's circles, its called "snowing") which resulted in my mother's death approximately 24 hours after the signing.
The DNR order was against my mother's wishes. She knew she was going to die soon but repeatedly stated, in the presence of family and hospital staff, that she didn't want a DNR order, that she wanted to go home, that she wanted to see her grandchildren graduate school, that she wanted to meet my fiancee, etc etc.
Question: Can legal action be taken against my sister for the wrongful death of my mother based on the statements made by my mother while in the hospital, either civil or criminal?