Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?

dnr order permanently unconscious coronavirus

What Does a DNR Order in Ohio mean?

A DNR Order (Do not resuscitate Order) Cannot Be Executed Unless Signed By A Physician

dnr order permanently unconscious coronavirusI received a telephone call a week or so ago from a client who was concerned that, based upon some things that he had recently heard, he may have executed some estate planning documents that would prevent him from being put on a ventilator if he contracted the coronavirus. I am sure that he is not the only one who has had that concern, so I believe that this is a good time to explain this issue in greater detail.

First, here in Ohio a DNR Order (Do not resuscitate order) form states that health care providers will not perform CPR (cardio pulmonary resuscitation), will not administer resuscitation medications with the intent of restarting the heart or breathing, will not insert an airway adjunct, will not de-fibrillate, cardiovert or initiate pacing and will not initiate continuous cardiac monitoring.

A DNR Order  may be DNR Comfort Care (effective immediately) or DNR Comfort Care-Arrest (effective upon cardiac or respiratory arrest). A DNR Order must be signed and issued by a physician. This is where much confusion comes … Read More... “Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?”

Marital Torts in Ohio … A Primer

mar_torts.jpgI posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished.  A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage.  Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.  Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another; and they also arise as a result of intent or negligence. Intentional torts, which … Read More... “Marital Torts in Ohio … A Primer”

Do Challenging Children Cause a Bad Marriage?

challenging_children.jpgResearch published last month in Child Trends reported that happy marriages generally result in happy children. I was asked by a reader if children with any type of physical, emotional or developmental problems cause unhappy marriages.

Research has focused on parents raising children with such problems as Attention Deficit Disorder, Autism Spectrum Disorder and similar types of disabilities. The research findings have been ambiguous, with some studies finding a higher rate of divorce among such parents, and with others documenting no real differences. However, it’s clear that raising a special-needs child can result in a severe strain on a marriage. Here’s how successful marriages navigate these problems.

  1. Put your marriage first. A child with any type of disability demands more time and attention than other children. Good parents naturally want to meet those special needs, but that may result in neglecting your spouse. Healthy relationships take time and work, so it takes an extra effort by both spouses to be attentive to the needs of their marriage partner.
  2. Create a “no talk about children” zone. I recently learned about this technique from one of my clients. She found that virtually every conversation with her spouse revolved around some issue with
… Read More... “Do Challenging Children Cause a Bad Marriage?”

Sexually Transmitted Diseases and Alimony Proceedings

std_alimony.jpgQuestion Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?

Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support.  Many of these statutes, such as Ohio’s statute, include in the list “any other factor that the court expressly finds to be relevant and equitable” or something similar to this. Using this factor, courts do have the authority to consider the contraction of an STD between spouses when awarding spousal support.  In many cases in which one party to a marriage contracts an STD, it is the result of an extramarital affair.  The other party is then infected with the STD through continued sexual relations between the spouses.  Obviously, there may be significant proof problems associated with establishing the origin of the STD.

Ohio, as well as most states, will also consider the health (physical, emotional, and psychological) of the parties when awarding spousal support. This is another factor which may lead to a party who contracted an STD from his/her spouse being awarded spousal support.  People with STDs … Read More... “Sexually Transmitted Diseases and Alimony Proceedings”