16 Del. C. 2510
Liability: Unknown Health Care Directive
A health care provider who provides life sustaining treatment in an emergency situation when a health care directive is unknown will not be held legally responsible.
(a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:(1) Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care; (2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority; (3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated; (4) Providing life-sustaining treatment in an emergency situation when the existence of a health care directive is unknown; or (5) Declining to comply with a health care decision or advance health-care directive because the instruction is contrary to the conscience or good faith medical judgment of the health care provider or the written policies of the institution. (b) An individual acting as agent or surrogate under this chapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith.