Do I have the right to exclude medical providers from my care in an emergency?

UPDATED: Nov 1, 2011

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Do I have the right to exclude medical providers from my care in an emergency?

After a very bad experience at a local hospital. I am concerned about ending up receiving emergency treatment at this facility while unconscious after an accident for example. My health plan advised me to permanently exclude the hospital/MD from my care by means of advance directive. Instructions that came with the form I used clearly state that I have the right to exclude medical providers from my care. When I asked on-line how to indicate in advance that I do not want to be taken to a certain hospital or receive emergency treatment there, I was told I could not do that. Can someone clarify?

Asked on November 1, 2011 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The advanced medical directive only deals with a request not to be kept alive after a medical professional has indicated that one has no chance of recovering on his or her own and being able to live without artificial devices.

Your request pertains not to be treated at a certain hospital. That is not allowed in that a given emergency situation may require you to go to the place where you do not want to go. Morever, the hospital that you do not like may not even have your directive. You cannot eliminate that hospital as a medical provider in a medical directive under public policy grounds.

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