An interesting appeal is being briefed before the California Court of Appeal second district.In 2011, Cecilia Hoh entered Glendale Adventist Medical Center complaining of a swollen foot. Plaintiff family members allege that they authorized the withdrawal of treatment, because GAMC falsely told them that Hoh had fatal lung cancer.
The plaintiffs alleged that they responsibly followed Hoh's advance directive which stated "If I should have an incurable and irreversible condition that has been diagnosed by two physicians and that will result in my death within a relatively short time . . . I direct my attending physician . . . to withhold or withdraw treatment . . . ."
The lawsuit alleges that a false diagnosis caused them to make a bad decision. Since Hoh's condition was neither incurable nor irreversible, her advance directive was not relevant.