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A dad's protest for his son
Blog owned by Jack Frost

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2010-08-07 13:06:31 by Jack Frost

A Dad with joint legal custody tries to "revoke" consent for a DNR on his son
that his ex-wife and custodial parent approved. The Dad wanted to make
sure his son's right of having both parents involved in no less then "life and death decisions" were being followed. After receiving some help from disability groups and some government officials and researching for several months he found that in fact the law did allow for the noncustodial parent to have input regarding a DNR. The law was weaken to only include noncustodial parents who have "maintained substantial and continuous contact". Even though the law was weakened it did specifically address the noncustodial parent's rights and the doctor's responsibility. Plus the father states that had did in fact have substantial and continuous contact anyway so the doctor should have sought him out before issuing the DNR.

After reviewing the laws the father finally requested the doctor to remove a
DNR (do not resuscitate) order she had placed on his son without his consent or input. The doctor refused to call the Dad back, even after many calls, emails, faxes and registered letters. The only government body that enforces this particular health law in New York State is the Department of Health -
Office of Professional Medical Conduct. OPMC investigations tend to be
extremely slow, taking several months to complete. Everything in the investigation is kept confidential to protect the doctor.

The OPMC acts as an independent entity and do not "police" doctors per se
but will discipline doctors for failing to follow health law. They are also not very responsive to complainants and the Dad my never know what, if anything, this government agency does regarding the complaint. After having little recourse other then petitioning a court to have the doctor obey the health law, a costly and time consuming affair, the Dad decided to take to the streets.

See the following news articles:

What did this protest do when all else failed? See the following link:

The OPMC case is still under investigation and it is still uncertain what, if anything, they will do so no other child or father has to endure this.

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