Alberta Permits Clinicians to Write Unilateral DNAR Order

Edmonton, Alberta

The Alberta Court of Appeal has affirmed the decision of several other tribunals that approved of a clinician's unilateral DNR order.

Anita Tran filed a complaint with the Alberta medical board regarding the treatment of her 96-year-old mother at Royal Alexandra Hospital. Clinicians had determined that the patient: 
(1) Was not a dialysis candidate,
(2) Was not a candidate for the ICU, and 
(3) Should have a DNR order.  

Tran alleged that these actions were taken without permission. Indeed, it seems clear that the DNR order was written NOT on the basis of consent but instead on the basis it would not be medically effective.

Tran's complaint was dismissed. That dismissal was affirmed by the Court of Queen's Bench. It was apparently sufficient that clinicians "advised" Tran of the DNR. Tran appealed to the Court of Appeal but that court dismissed Tran's appeal finding no error below.