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When advance directives are not honored, and how to get data on medical prices

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Advance directive

If something goes wrong  say you have an adverse reaction to the anesthesia  it's useful for the doctors to have a certain degree of flexibility to correct the error. (Joseph Daniel Fiedler / For The Times)

By Lisa Zamosky, Special to the Los Angeles Times

June 13, 2011

When I checked into a surgical center recently for a procedure that required general anesthesia, I presented my advance healthcare directive. But as I read over the consent form for the surgery, I noticed one of the provisions advised me that the surgical center had chosen "not to honor" these directives.

Can a healthcare provider choose to ignore an advance directive? If so, what use are the directives?

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A healthcare provider can decline to honor an advance directive, and during surgery it's common for hospitals and surgery centers to do so as a matter of policy, says Doris E. Hawks, an attorney who chairs the bioethics committee of the Santa Clara County Medical Assn. When it comes to advance directives, laws in every state allow for "conscientious objection," which can be based on religious or ethical beliefs or medical standards.

Practically speaking, why would doctors refuse to comply with your directive during surgery? If something goes wrong say you have an adverse reaction to the anesthesia it's useful for the doctors to have a certain degree of flexibility to correct the error.

"Providers want to do everything possible to make sure the surgery is successful," says Charles Sabatino, director of the American Bar Assn.'s Commission on Law and Aging.

That doesn't mean the directives are a waste of time, however. Quite the contrary: Suspension of your advance directive should be time-limited. "You would go into surgery and the advance directive would be suspended," Hawks explains. "But once out of surgery, it would immediately be back in effect." Consumers should inquire about the exact time frame of the suspension.

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