When you request a DNR order, your physician must enter the order into your chart, transfer your care to another physician or refer the matter to a mediation system in the hospital or nursing home. Disputes most commonly arise when the patient’s family and medical providers do not see eye to eye, or when the validity of the DNR order is in question.
By law, a patient is considered mentally competent to sign a DNR order, unless two doctors sign saying that the patient is not mentally capable of making the decision. Mediation may take place for 72 hours before the doctor must either enter the DNR order into the patient’s chart or transfer the care to another physician.
If a family member chooses to enter a DNR order on behalf of a loved one because the loved one is unable to do so on his or her own, and a family member disagrees, the doctor will enter the case into mediation, if he is made aware of the dispute. Otherwise, either side of the argument may request mediation.
It is important to also note that if you have a DNR order entered on your behalf at the nursing home and then are transferred to the hospital, the hospital is not required to honor the DNR order. They may choose to, or you may need to have another DNR entered. In cases of disputing family members, this can require mediation again.