Monday, May 4, 2026

VSED Advance Directive - Court Allows Lawsuit for Noncompliance

I recently collected more than 20 recent court cases in which clinicians and healthcare institutions were held liable for failing to follow a patient's advance directive or POLST. There is no similar track record for VSED dementia advance directives because they have become prevalent only recently. 

But that may be changing. The British Columbia Supreme Court has permitted Francis Leslie Dwyer to proceed with his lawsuit alleging that a care home failed to comply with the wishes or his wife, Janice Dawn Dwyer. In 2015 she directed no feeding in advanced dementia. And when she reached that state in 2020, Mr. Dwyer directed a "palliative diet."   



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