SUBJECT: MINORS DNR CONSENT NOT OBTAINED - PARENTS SUE

CASE NAME: BELCHER V. CHARLESTON AREA MEDICAL CENTER

CASE CITE: NO. 20481, WEST VIRGINIA COURT OF APPEALS, JULY 15, 1992

STATE: WEST VIRGINIA

FACTS OF CASE:

In December 1986, Larry Belcher, Jr., who suffered from muscular dystrophy, stopped breathing. His father revived him and Larry was taken by ambulance to Woman and Children's Hospital, which is part of the Charleston Area Medical Center. There he was treated by Dr. Ayoubi, who recommended that the Belchers consider a "do not resuscitate" order if Larry should again stop breathing. Eventually, and without Larry's participation in the decision, a DNR order was placed on his charts.

On December 24, 1986, Larry again stopped breathing, and when simple resuscitative measures were unsuccessful, he died. His father, as the administrator of Larry's estate, then sued the hospital and Dr. Ayoubi for wrongful death. The court granted judgment for the defendants and the plaintiff appealed.

The Court remanded the case for further proceedings to determine whether Larry was a mature minor, and, therefore, entitled to participate in the decision to enter a DNR order.

CASE COMMENTARY:

DNR lawsuits are uncommon, but they do occur. Although Larry was a minor, individuals over sixteen years of age but still under the age of majority may be considered mature minors with the right to consent to or refuse medical treatment. The mature minor is not recognized in all jurisdictions, but it is gaining increasing prominence throughout the United States. Consider involving a potential mature minor in any significant decisions about medical management.