2026 Articles
MOLST and the Medical Malpractice Standard of Care
In 2025, a malpractice claim based on the failure of health professionals to follow instructions in a patient's Medical Orders for Life Sustaining Treatment (MOLST) was dismissed by NYS appellate division court. This article summarizes the decision, describes MOLST and its legal basis, describes the law regarding the standard of care in malpractice cases in New York, and finally, applies that standard to the obligation to follow a MOLST. The authors conclude that it indeed is the standard of care for a health care professional to follow the instructions in a MOLST form, absent exceptional circumstances. Disregarding a MOLST therefore can be a basis for liability in a medical malpractice action.
Keywords: MOLST, malpractice, life-sustaining treatment, law and bioethics
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R. Swidler and P. Bomba, MOLST and the Medical Malpractice Standard of Care, NYSBA Health Law Journal, Vol. 31 No. 2 2026, pp 36-41.pdf
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- Academic Units
- School of Professional Studies
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- July 20, 2026
