Euthanasia

 

Toronto hospital illegally imposed ‘do-not-resuscitate’ order against wishes of dying man’s family, medical board rules

By Alex Schadenberg, Executive Director, Euthanasia Prevention Coalition

Joy Wawrzyniak, with a photo of her dad

In a rare display of disagreement with the College of Physicians and Surgeons, The Health Professions Appeal and Review Board last week held that “Doctors at a major Toronto hospital violated the law by unilaterally imposing a do-not-resuscitate order on Douglas DeGuerre against his family’s wishes,” the National Post reported.

“Douglas DeGuerre died from cardiac arrest at Sunnybrook Health Sciences Centre as his daughter, Joy Wawrzyniak, frantically tried to convince medical staff to save him, and health workers declined to help the severely ill war veteran.”

According to the National Post:

In a case that dramatizes the debate over who has ultimate power in such cases – doctors or patients’ families — Ms. Wawrzyniak said she had only just learned that the “full code” response to emergencies she had requested on her father’s behalf had been over-ruled by a do-not-resuscitate (DNR) order, which meant CPR would not be attempted during cardiac arrest.

Ms. Wawrzyniak, a nurse, said Wednesday that Mr. DeGuerre, 88, was struggling to breath when she entered his room the day he died in 2008.

“My father said to me, ‘I’m drowning, I’m drowning.’ Those were his last words,” she recalled. “I grabbed the oxygen bag, and I tried to help my father while they all stood there and did nothing … I just couldn’t believe it.”

Ontario’s Medical Regulator had twice rejected Ms. Wawrzyniak’s complaint against the doctors at Sunnybrook hospital. The appeal and review board directed the Ontario’s medical regulator to re-open disciplinary proceedings against the Sunnybrook doctors.  The appeal and review board stated:

“Although the circumstances in this case are exceptional, the misconduct alleged is serious,” the board said in its recent ruling.

“The importance of this complaint transcends the conduct of the [doctors]. It is incumbent on the College to ensure that doctors understand their legal obligations … The public must have confidence that [consent laws] are understood and respected.”

On October 18, 2013, in “Cutherbertson v. Rasouli” (which also involved the Sunnybrook Health Sciences Centre ) the Supreme Court of Canada decided that doctors must

obtain consent from patients or substitute decision-makers before withdrawing life-sustaining treatment where such a decision is anticipated to result in the death of the patient. When a disagreement exists between a doctor and a patient or substitute decision maker, the case must be brought to the consent and capacity board for a decision.

The Euthanasia Prevention Coalition (EPC) intervened in the Rasouli case at the Ontario Court of Appeal and at the Supreme Court of Canada. EPC is concerned about consent to treatment issues since the euthanasia lobby is pushing to define euthanasia as a form of medical treatment, and because physicians should not be given the power, in law, to decide who lives and who dies.

Editor’s note. This appeared at alexschadenberg.blogspot.com