PITTSBURGH – A Tennessee woman alleges that her father's medical wishes were not followed by a federally run health care facility.
Jacklene Blair, personal representative of the estate of Donald J. Davis, filed a complaint on July 28 in the U.S. District Court for the Western District of Pennsylvania, Pittsburgh against United States of America citing the Federal Tort Claims Act and alleging negligence, professional malpractice and intentional tort of battery.
According to the complaint, Davis sought treatment at the Pittsburgh Veterans Affairs Medical Center in December 2015. The suit states he had obtained the designation of do not resuscitate/do not intubate, but that the defendant's staff still intubated him. He died in July, the suit states.
The plaintiff alleges that if the defendant had followed Davis' wishes and not disregarded the DNR/DNI order, he would have died from natural causes as he wished.
The plaintiff seeks judgment against the defendant in an amount of more than $3.3 million. She is represented by Victor H. Pribanic and Philip C. Chapman of Pribanic & Pribanic LLC in White Oak.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-00993-DSC