Duty of Medical Personnel to Honor Your Healthcare Directives

After you've gone to the trouble of writing down your wishes for medical treatment in a healthcare directive, you may be concerned about what would happen if a doctor or hospital doesn't want to follow your instructions. (If you need general information about healthcare documents, see How Healthcare Directives Work. To put your mind at ease, know that healthcare providers are generally required to comply with the wishes you set out in your healthcare documents -- and to honor your healthcare agent's authority as long as the agent's directions are a reasonable interpretation of your wishes. In some situations, however, a healthcare provider is permitted to reject a medical decision made by you or your agent. This may be true if:

But this doesn't mean that your healthcare instructions can be ignored. A healthcare provider who refuses to comply with your wishes or the directions of your healthcare agent must promptly inform you or your agent. And if you or your agent wishes, the provider must immediately take steps to transfer you to another provider or institution that will honor your directive. In some states, a healthcare provider who intentionally violates these rules may be legally liable for damages.