Part of that may be the simple change in language from "death panels" to "end-of-life talks." In the influential New York Times there's a front page article on how Medicare might soon cover those talks. Here is that article.
Both ethics experts and lawyers probably anticipate big-time disputes over the decision-making. Was there coercion? Was there a failure to explain medical options? Did a greedy relative strong-arm medical personnel to "talk" the patient into a DNR?
For this reason, healthcare professionals might consider a best practice recording all end-of-life talks. Explaining and packaging this recommendation can be a niche for lawyers already in some aspect of healthcare.