She was hospitalized for low hemoglobin counts to a hospital that has my power of attorney on hand. That hospital discharged her to the worst assisted living facility I have ever been to without consulting me. She never got a true diagnosis on why the hemoglobin was dropping as well as she needed to get a biopsy done which it was not. Do we have a basis for suing the hospital for releasing her without notifying us and letting us choose an assisted living center? Would a lawyer take this case without a fee unless money is recovered? We are having the worst time getting her out of that place and getting the medical treatment she needs.
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What sort of medical treatment do you feel mother needs if she was discharged from the hospital? There's not always a definitive or cut and dried reason as to why hemoglobin numbers drop. If you are sure a biopsy wasn't done, it could be the hospital discharged her with orders to have one done on an out patient basis which happens frequently.
Each time my parents were hospitalized, I was there daily to speak with the doctors and get all my questions answered. Especially on discharge day for instructions and meeting them at the rehab facility. Advocacy is so very important so we don't find ourselves in the position you're in right now.
A hospital has an obligation to treat the patient only, not to satisfy the needs or wants of the patient's POA. You can call an attorney who works on contingency to see if you have a case.......for what? Malpractice? I seriously doubt it but you never know.
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Until incompetence in her own behalf is a given and documents and diagnosed a POA means nothing. We remain in charge of our own decisions and of working with discharge planners and doctors and hospitals UNLESS AND UNTIL we are judged incompetent.
To bring a case means there was DAMAGE. How was your mother damaged and how can you prove that damage would not have occurred if a biopsy was done at once.
How did Mom get to the hospital without her MPOA knowing? At what point did you get notified Mom was hospitalized, and by who--your Mom or her Doc or the hospital? Are you discussing this case with the MD? Do you all relevant information? Was there damage done by a discharge? Is there PROOF that damage was done and will a doctor testify to it?
Unless ALL OF THAT is in your briefcase you should stop treading water and now pay attention to what needs to be done step by step getting yourself registered as POA and MPOA in your mother's stead if your mother wishes it, or is incompetent, and finding a new rehab or nursing facility.
You certainly are welcome to consult a lawyer, but as Handel of the Law says when he gives out his "marginal legal advice", this is where I tell you you have no case.
Now down to the IMPORTANT matters.
How is Mom doing?
Did Mom need blood and if so how many units?
Where is Mom bleeding from and what do they wish to biopsy?
How old is Mom?
Is Mom judged incompetent?
Was Mom living alone or in care? Where was she living? Who was her caregiver?
Good luck. I hope things medically are going better at this point and I hope you'll update us.
If you mother is of sound mind, your POA has no bearing as she is able to make decisions on her own.
Would a lawyer take this case? I doubt it. There is no money involved or anything to sue for.
In every case that would be the last resort not the first path to follow. She can release herself if she is in rehab and wants to go home, or you can switch her to another one. It is done on a regular basis for one reason or another.
Slow down don't panic, this can be resolved. JoAnn29 has given you a starting point.
If you were to get it into court, your damages would reflect what you had done since the ‘negligence’ occurred. If you haven’t done anything to get your mother into a better facility, it more or less shows that you didn’t see it as a big problem, hence very limited damages. Damages reflect losses, they are not intended as a ‘punishment’.
Focus on helping your mother, not on money or your anger at what you think went wrong. Margaret
Assisted Living means a private residence facility. No hospital has the authority to transfer a patient to one of these. They would need to know how Mom stands financially. The AL would have to except Mom as a resident. This means she has a small studio type room.
Then there is Long-term care. Some call it a Nursing Home or Skilled Nursing. Where I live Rehab is attached to these places, usually a separate wing. A hospital, again, can recommend Rehab but they have no authority to place Mom in Longterm care. Again, they have no idea what Moms finances are.
My opinion, Mom is in Rehab with Medicare paying. 100% the first 20 days and 21 to 100 50%. If Mom does not like it there, then find a Rehab you like and have her transferred. Just realize that her 20days do not start over, just continue. If possible to have Mom sent home, then ask that she be discharged. She is not a prisoner. Rehab is a choice, not a have to.
Ur profile says Mom has cancer. This could be why her hemoglobin is low. Does she not see a cancer doctor? He should be able to get info from the hospital. If you are having problems getting Mom released, it could be that they need to know someone will be with her 24/7. You going to need to tell them that and may need to prove her home or where she is going it set up for her care. You can call your State Ombudsman for help.
Is Moms cancer terminal? If so, you can have Hospice set up in her home or someone elses. Then you tell the facility you are placing Mom on Hospice and taking her home. Be aware, someone may need to be with Mom 24/7. If once you get her home, you don't like Hospice, you can cancel it.
Is it possible that your PoA is not actually active because the activating criteria hasn't been met? Does your Mother have a medical diagnosis in her records of cognitive incapacity?
Never mind suing them... find out the answer to this question so that you can be an effective PoA right now.
3) Did you call the discharge nurse at the original hospital?
How long ago was this?
Were there any other family members involved that could have known about the transfer?
4) Call mother's primary insurance company and explain she is not being treated for her illness and was dumped. File a verbal grievance (yes, they take it over the phone) and ask for a referral a.s.a.p., as this cannot wait.
I would call #4 first.
But do #5 first.
5) I agree with Barb, to call 911 and send her to a good hospital.