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After much discussion and consideration, the ACHE Board of Governors and leadership team have decided to cancel the 2020 Congress on Healthcare Leadership due to the need for leaders and healthcare organizations to manage their responses to coronavirus (COVID-19) within their communities. Learn more at

127X – Wrongful Death or Wrongful Life: Is Your Hospital at Risk?

Thursday, March 26th

About the Session

This seminar will review the potential liability and risks to patients resulting from misunderstandings and lack of attention paid to advance directives. Advance directives, do not resuscitate orders, and provider orders for life-sustaining treatment documents are well intended but can have unintended consequences that can cause increased wasteful utilization of healthcare resources related to over treatment or can be fatal—impacting patient care and safety when providers do not understand the scope, application or content of such documents.

Faculty will report the scope of the problem, identify the difference between an effective versus enacted living will, and discuss and identify the definitions of terminal condition and persistent vegetative state as they apply to living wills. The session will also provide guidance and tools for how to manage response to living wills and POLST documents in the form of a patient safety checklist that creates a simple process similar to a surgical pause. The session also will highlight the newest state of the art form of advance care planning. Learn about the ability of advance care planning, when done “right,” to improve operational efficiency, enhance quality of care, reduce costs, minimize liability risks and generate new professional and hospital revenue streams.

Learning Objectives:

  • Identify and discuss current practices related to advance directives that may increase institutional risk because of their impact on patient safety.
  • Develop a plan for assessing your institution’s risk and identifying strategies and safeguards to minimize future risk.


Presented By

M. Jane Markley, RN, FACHE

M. Jane Markley Consulting LLC

Ferdinando Mirarchi, DO

Medical Director
Emergency Department, University of Pittsburgh Medical Center–Hamot

Nathan Kottkamp

Senior Counsel
McGuireWoods LLC