I just don't believe a Senior Rehab Facility could have missed the obvious, and retest results that supposedly come back normal. I posted about GM and rehab letting her be discharged without any oxygen perscription. She has been out for 9 days and thank god another Senior Care Facility did evaluation on her, and gave us an oxygen tank to take GM to her primary Dr. Primary Dr. Didn't receive anything from Rehab and yes somebody really skrewed up bad. They have only one thing on their discharge paperwork under diagnosis, it says " Acidosis (E87.2)" and that's all it says. I understand from reading that (E87.2) is a billing code for normal results. There are different types of Acidosis and I am not sure just how that test works. We were not giving any test results plus she went in on 7/24/20 and what we do have starts on 8/15/20- 8/22/20. ? Why is that? I am not sure they meant to put paperwork that shows her being discharged on 8/19/20. Regardless the discharge almost cost her not being able to see her great grandson, plus her own life. Last thing does any know what part of her medical paperwork can I get and not get? Thanks everyone. So so tired
4 Answers
Helpful Newest
First Oldest
First
Are you thinking law suit? An attorney would first question whether you have standing and whether the case could be won. Our society has become extremdly litigious, it bogs down the courts and makes attorneys wealthy.
Also realize that “deadlines” of any sort (14 days as you stated) are all out of kilter now during Covid.
After GM has been discharged she may be able to request a copy - ask the facility what their procedure is for this. But I guarantee you won’t get any access during the episode other than what Alva described.
Patients/families are not given a copy of any internal incident reports either. Those reports are property of the facility.
A lawyer can assist you with obtaining medical records after the episode is complete AND if you are filing a malpractice suit. You will have to be GM’s POA to be allowed to give permission if GM has dementia and it’s been determined she is not competent.
ADVERTISEMENT
Step one is to know if you are the POA. Because without being THAT you are dead in the water already. You cannot simply go in and ask for the medical records of a person, even if you are related. Even with a letter of permission from Grandma. They are strongly protected by HIPPA rules.
I am assuming you have POA. The rules in California are that you have a right to your records. That means you have a right to READ or SEE them, and someone will be in the room while you look at them. That is why people hire attorneys in medical malpractice to do this. You are not allowed to ask any questions about those records. You are not allowed to make copies. You are not allowed to have interpretation of those records. And that is YOUR records. And why it is often an attorney paid to do this.
A long and onerous process.
Were you the person who wrote us yesterday of the discharge of a grandmother? All of us, especially those in medical, were appalled. I DO need you to know right off the bat, that if you are thinking a law case or settlement there is none at all. And if you wish to report this to the regulating agency that did this discharge THEY will look at the records; you don't need to. To do a law case you must have severe injury in a still living litigant. There must be serious injury without chance of recovery. Otherwise most recovery is limited by current law so much that no lawyer will invest his own hours of time in a case for a portion of the winnings.
I would say time to report to the regulating agency. If you wish to proceed feel free. As I said, if it is the PERSON asking to see his own records, he may see them. Kaiser will give me a complete copy of my surgery, and did, upon my application. They are for my money the best. But if you are doing this as POA it is not gonna be easy, not gonna be sun.
Hope you will update us. This going home without O2 was really awful. The sats you reported (if this is who I think it is) were appalling, and yes, might easily have KILLED. Point is, that it didn't. Awful truth is that if it HAD killed, it being a senior, there would STILL be no case a lawyer would take. Length of life expected ongoing is also a factor.
File all of this under "You can't win".
My Mom had been in rehab 2 weeks before I had a conference and found she was not given her thyroid medication. The rehab doctor didn't order it. I told them she was going to a specialist and he determined when and if she took it. Upon researching their records it was found the hospital didn't have the drug on their list of meds that was sent to the rehab. I called the hospital and found that a thyroid test was done and the doctor found her levels were normal and discontinued the med. I felt that was not his decision to make since she had a Specialist taking care of her thyroid. This is what I don't like about hospitals and rehab, your PCP is not kept in the loop. I have been told before when I asked a hospital doctor to call my Moms PCP concerning giving her a Tetanus shot that i was sure she had had. The attending would not do it and said while Mom was in her hospital, she was her patient.
I feel that conferring with the PCP saves testing ect. And he/she knows his/her patient. I have had a few other problems and questioned it. I swore after Moms last rehab that if it was only for her to get her strength back, she would get in home care. With Dementia, I would not put her thru rehab again.
With me, they didn't offer an option. It was "We are discharging Mom to rehab, which one would you like her to go to?" You do have an option, you can have "in home care". My Dad turned down rehab as did a GF of mine. I have also learned not to wait a week they suggest to see the PCP. Mom is gone, but next time DH is in the hospital, I am going to his PCP as soon as we can get an appt upon discharge. He suffers from AFIB every so often. During Afib they used BP drugs and sent him home with them. I told them that he is not on BP meds. I was told he needed them while there. I said yes, because he was in AFib. When he went to his PCP his BP was really low. I told her hospital put him on BP meds, she took him off. You really do need to be aware of what ur given and your LOs.