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Current as of January 01, 2022 | Updated by FindLaw Staff
A health-care institution, health-care practitioner, or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care institution, health-care practitioner, or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) Complying with a DMOST form signed by a health-care practitioner apparently having authority to make a DMOST for a patient, including a decision to withhold or withdraw health care;
(2) Declining to comply with a DMOST form based on a belief that the health-care practitioner then lacked authority to sign a DMOST;
(3) Complying with a DMOST form and assuming that the DMOST form was valid when made and has not been modified or voided;
(4) Providing life-sustaining treatment in an emergency situation when the existence of a DMOST form is unknown; or
(5) Declining to comply with a DMOST form because the DMOST form is contrary to the conscience or good faith medical judgment of the health-care practitioner or the written policies of the health-care institution.
Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 2515A. Immunity - last updated January 01, 2022 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-2515a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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