Abramson Smith Waldsmith LLP
Treating California’s Injured With Dignity And Respect

Can you sue for medical malpractice if doctors ignore a DNR?

On Behalf of | Feb 4, 2025 | Medical Malpractice

Making end-of-life decisions for yourself or a loved one isn’t easy—especially if you’re considering a Do Not Resuscitate (DNR) order. It’s a tough decision, but many people make their wishes clear and ask doctors not to resuscitate them. They simply want to pass peacefully without machines keeping them alive.

When medical teams ignore these important instructions, you may have the right to take legal action.

Why patients choose to have DNRs

A DNR is your way of telling doctors exactly what you want if your heart stops beating or you stop breathing. DNR orders often stem from careful consideration of health conditions and quality of life. Many people, especially those with serious illnesses or elderly family members, choose this option to avoid aggressive life-saving measures.

Cardiopulmonary resuscitation (CPR) can save lives. But at the same time, CPR can also break your ribs or cause other physical trauma and complications. A DNR ensures healthcare providers respect your wishes for a natural, dignified end-of-life experience.

Your legal rights when hospitals ignore DNR orders

When medical staff disregard a valid DNR order, you may have grounds for a medical malpractice claim. To build a strong case, you’ll need:

  • Proof the DNR existed
  • Proof that the healthcare providers knew about the directive
  • Evidence showing the hospital ignored the order
  • Documentation of resulting harm or trauma
  • Witness statements from family or other hospital staff present

Each of these elements helps establish the violation of your legal rights and medical standards.

Protecting your loved one’s end-of-life choices

Respecting DNR orders goes beyond legal compliance. Your medical wishes matter—they aren’t just paperwork to file away and forget.

When healthcare professionals ignore DNR orders, they disrespect your right to make choices about your own care. They violate both patient trust and medical ethics.

If this happens to you or your loved one, talking to a medical malpractice lawyer may help you explore your options. They can assist you in holding healthcare providers responsible for their negligent actions.