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Was patient's advance directive 'concealed' and ignored?

Publication: Medical Law's Regan Report
Publication Date: 01-AUG-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
PASCENTIA MCDONALD, AGE 73, WAS A PATIENT AT USC UNIVERSITY HOSPITAL. Her attending physicians were Drs. Douglas Hood, Michael Leke, and Fred Weaver (collectively physicians). After the patient's death, Cynthia Cardoza, the patient's daughter, brought suit against the physicians and the hospital. She alleged, inter alia, that the hospital, and the physicians had mistreated her mother, first by injuring her peritoneum during thoracoabdominal aneurysm surgery on August 14, 2002, then by neglecting and concealing the prospect of infection--which eventually caused multiple organs to fail--and by performing numerous other surgeries, against the decedent's wishes as spelled out in her Advance Health Care Directive (AHCD). The plaintiff listed her causes of action as being for wrongful death, professional negligence, and elder abuse. The defendants demurred to each cause of action, for failure of the plaintiff to state a claim. The...

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