The failure or refusal to implement an advanced directive does not necessarily give rise to a cause of action against the healthcare provider. An Ohio court disallowed negligence in a battery claim where a nurse revived a patient despite a "do not revive" instruction (Anderson v. St. Frances/St. George Hospital, Inc., No. A-89087, Common Court of Pleas, Hamilton County, Ohio, July 25, 1992). The court held the patient was not entitled to compensation for pain, suffering, emotional distress, living expenses and medical expenses which were caused as a result of resuscitating a patient with a DNR order on his medical order.

Some statutes specifically allow healthcare providers the right not to comply with advance directives under certain conditions. For example, Ohio Rev. Ann.:: 337. 6(B), 233.0(A) (Anderson 99 Supp.) a healthcare provider or physician may refuse to implement or comply with an advanced directive as a matter of conscious provided that they do not prevent or unreasonably delay the transfer of the patient to a healthcare provider who will comply with the advanced directive.