85.002D Advance Directives Act Amendments

85.002D

Advance Directives Act Amendments: The Advance Directives Act should allow for the option of refusing specific life-sustaining procedures without being deemed to have accepted others by not specifically rejecting them. Additionally, it should establish disincentives to deter plaintiffs from bringing a frivolous or bad faith suit to enjoin a physician or hospital from withholding or withdrawing life-sustaining treatment pursuant to a valid written directive.

With these concerns in mind, TMA asked that the following legislative changes be included: (1) provide that a patient may, in the written Directive to Physicians reject specific life-sustaining procedures without being deemed to have accepted any which have not been specifically rejected; and (2) provide that any person who brings a frivolous or bad faith suit to enjoin a physician or hospital from withholding or withdrawing life-sustaining treatment pursuant to a valid written Directive to Physicians would have to pay all defense costs, including court costs, attorney fees, and any damage incurred as a result of the frivolous action (Board of Councilors, p 31, I-90; amended BOC Rep. 7-A-08; deleted BOC 7-A-18).

Last Updated On

August 16, 2018