Resuscitation over Patient Objections

Two"reverse futility" cases were reported in the past few days.  These patients were resuscitated contrary to their documented treatment preferences.  In DeGeronimo v. Fuchs, the New York Supreme Court (Richmond County) held that the Jehovah Witness plaintiff failed to state a medical malpractice claim even though she was provided blood products.  Since the CPR saved her life, there were no legally cognizable damages.  The court suggested the plaintiff should have sued for battery.

Consistent with the New York court, the Louisiana Court of Appeals held, in Jones v. Ruston Louisiana Hospital, that an action for unwanted resuscitation (an ignored DNR order) did not sound in medical malpractice.  Therefore, it did not have to go to a medical review panel.