§ 20-6-205. Affirmative defense in medical injury cases
If patient abandonment or other medical injury occurs due to a violation by an entity of this subchapter, the violation shall be an affirmative defense for the physician in a claim brought by the injured patient who shall be entitled to bring a claim against the entity.
§ 20-6-107. Requirement of guardian to comply with principal’s individual instruction
(a) Absent a court order to the contrary, a guardian shall comply with the principal’s individual instructions and shall not revoke the principal’s advance directive. (b) Except as provided in § 28-65-102, a healthcare decision made by a guardian for the principal is effective without judicial approval.
§ 20-6-108. Determination of capacity
If a licensed physician makes a determination or is informed of a determination that a principal lacks or has recovered capacity or that another condition exists that affects an individual instruction or the authority of an agent, guardian, or surrogate, the licensed physician shall: (1) Record promptly the determination in the principal’s current clinical record; […]
§ 20-6-109. Compliance by healthcare provider or institution
(a) Except as provided in subsections (b)-(d) of this section, a healthcare provider or institution providing care to a principal shall comply with: (1) An individual instruction of the principal and with a reasonable interpretation of that instruction by a person authorized to make healthcare decisions for the principal; and (2) A healthcare decision for […]
§ 20-6-110. Disclosure of medical or other healthcare information
Unless otherwise specified in an advance directive, a person authorized to make healthcare decisions for a principal has the same rights as the principal to request, receive, examine, copy, and consent to the disclosure of medical or any other healthcare information.
§ 20-6-111. Liability
(a) A healthcare provider or healthcare institution acting in good faith and in accordance with generally accepted healthcare standards applicable to the healthcare provider or healthcare institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: (1) Complying with a healthcare decision of a person apparently having authority to […]
§ 20-6-112. Presumption of capacity
(a) This subchapter does not affect the right of an individual to make healthcare decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a healthcare decision, to give or revoke an advance directive, and to designate or disqualify a surrogate.
§ 20-6-113. Copies have same effect as originals
A copy of a written advance directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
§ 20-6-114. Presumptions not created — Death that results from withholding or withdrawal of health care does not constitute suicide, euthanasia, homicide, mercy killing, or assisted suicide
(a) This subchapter does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance directive. (b) Notwithstanding any term of an insurance policy or annuity to the contrary, a death resulting from the withholding or withdrawal of health care in accordance with this subchapter does […]
§ 20-6-115. Court jurisdiction
(a) A court of competent jurisdiction may enjoin or direct a healthcare decision or order other equitable relief on a petition of: (1) A principal; (2) A principal’s agent, guardian, or surrogate; (3) A healthcare provider or healthcare institution involved with the principal’s care; or (4) An individual described in § 20-6-106(b). (b) A proceeding […]