Furlong v. Catholic HealthCare West

Margaret Furlong entered the hospital with an advance directive, stating she was not to receive CPR or extraordinary efforts to keep her alive. Suffering from ulcers on her shoulder and hip, she was in constant pain. The hospital had Furlong’s advance directive, but mistakenly believed she wanted every effort to keep her alive.

Margaret suffered cardiac arrested and was intubated. She lived for 10 more days in extreme pain. After her death, the family sued for medical malpractice, negligence and elder abuse.

The California Court of Appeals ruled that the issue was not the failure to give medical care, but the giving of unwanted care. The Court concluded that the family’s allegation of elder abuse was based on neglect. No neglect was demonstrated on the part of hospital staff.

However, this ruling indicates a willingness by the courts to allow lawsuits against caregivers who allow unwarranted infliction of pain with an advance directive stating otherwise.