Consent for Treatment and Related Matters

[摘要] power of attorneyguardianshiphealth care directivessurrogate decision makerimmunityGood Faith Alone Does Not Provide Immunity for Failure to Comply with a Health Care Surrogate's InstructionsIn Bohn v. Providence Health Services—Washington, 484 P.3d 584 (Alaska 2021), the Supreme Court of Alaska ruled that the superior court erred in concluding that a hospital was entitled to immunity under Alaska's Health Care Decisions Act (HCDA), Alaska Stat. § 13.52.080 (2006). Bret Bohn had sued the hospital arguing that the hospital violated the HCDA when it assumed decision-making authority over his medical care while he was incapacitated and treated him without his consent or that of his parents, whom he had previously authorized to make medical decisions on his behalf if rendered incompetent or incapacitated. The hospital argued that it was entitled to immunity under the HCDA as it held a good faith belief that Mr. Bohn's parents lacked authority to make medical decisions for him, based on conduct that convinced health care providers that his parents were not acting in Mr. Bohn's best interest. This case provided the Supreme Court of Alaska its first opportunity to interpret the HCDA's immunity provisions.

[学科分类] 儿科学

[关键词] power of attorney;guardianship;health care directives;surrogate decision maker;immunity