Q: Relative at assisted living center with DNR was put on ventilator by paramedics on way to hospital. Was DNR violated?
Relative is elderly and suffered seizures that spiked her blood pressure. She was unresponsive when paramedics were called to her assisted living center. A DNR is on file at hospital and assisted living center. For a period of time she was unable to breathe on her own and was put on a ventilator until her breathing resumed on its own. She suffered a mild stroke during this whole thing and now it seems her dementia is much worse. In addition we were told she suffered very mild brain damage in back of brain which will affect her balance. We were also told that had the hospital/paramedics known about her DNR, they would not have put her on ventilator. After all of this, we are happy she lived, but now she will be of diminished capacity. This could result in increased long term care expenses & heightened increase of chance of her falling. Was her DNR violated and should we speak to an attorney?
A: The medical decision to put your relative on a ventilator on the way to the hospital, may not be a violation of the DNR that was in place for a couple of reasons that come to mind. One is that the paramedics made a medical decision spontaneously for what they believed to be in the best interests of the patient they were called to help. Second, it is not entirely possible that the paramedics had access to the hospital chart when they were first called to rescue your relative at the assisted living facility. Although this may be a difficult case to prevail on, I encourage you to contact an attorney to discuss this matter in greater detail.
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