Li v. Sunnybrook Health -- Family Accedes to Provider Recommendation

Man Kee Li's wife had begun litigation against Sunnybrook Health for writing a unilateral DNR order. As Mr. Li had left rather clear instructions, his wife was acting to implement his wishes.  But today, she dropped the case, determining that his previously request to receive CPR was not applicable to his current circumstances, where his “skin was breaking down” and “extremities falling off."  (Toronto Star)  

While it might appear that the surrogate was back-tracking and contradictory, this is not necessarily so. Past CCB cases have permitted providers to override clear advance directives by arguing that the patient's current circumstances were outside the patient's contemplation at the time the advance directive was completed.  Surely, the surrogate could make the same determination.