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KarenJo Asked November 2023

Blood being drawn weekly from dementia patient at Texas nursing home. No consent getting obtained from family, results not being shared.

My mother is 85 yrs old, she has dementia and heart failure/congestion issues. She lives at a senior home in Texas, I placed a camera in her room about a month ago and I have noticed they are allowing or requesting blood tests every week on my mom with out informing me, asking for consent or discussing the results with me. The young lady from the mobile services goes in at 4, 5 , 6 AM when my mom is sleep and confused. Is this legal, ethical and appropriate ? I have asked the facility multiple times to inform me when the doctor orders labs and they just keep failing to do so, I don’t have issues if this is required and is going to help my mom stay monitored but I don’t know if this is the case due to either the lack or inconsistent info I’m receiving from the facility. Even if I was being informed, could not they do this at regular hours?

JoAnn29 Nov 2023
I agree with Alva but do draws have to be done this often? My Dadvwas on blood thinners and had bloodwork done once a month.

Do you have Financial and Medical POA? Guardianship? I don't think by law a doctor needs to get family permission if he feels blood has to be drawn. I was told Mom was on an anxiety med after the fact. But I was told. You need to talk to the doctor and ask why so many blood withdraws. If he is not forthcoming, call ur State Ombudsman.

Just wondering, does Mom have a State guardian? If so, staff cannot talk to u without guardians permission. Same if someone holds POA other than you. And that camera, is it legal?

AlvaDeer Nov 2023
Are you medical POA?
Is your Mom judged incompetent to make her own decisions about blood draws?
As MPOA does MD know of your request to be informed of blood work?

Go to administration by appointment. Ask to review the care plan (if you are MPOA). See what the blood draws are and ask for the results (As medical POA this is your right to see).

You mom may be on medications that REQUIRE such draws.
An example would be someone requiring medications for CHF that are powerful diuretics which wash out sodium and potassium with the fluid, and may require replacement of same; failure to know labs in this instance could mean death. Or someone of coumadin which would require measurements to ascertain whether this blood thinner is working, or is working "too well" and needs cutting back. Certain diabetics. Etc.

If you are POA it is on you to do this, so make an appointment after the holidays to get this straightened out.

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Geaton777 Nov 2023
Testing for diabetes? Kidney function maybe?

Grandma1954 Nov 2023
I am sure you will get more answers but...
Are you POA? Or Guardian?
If you are on the HIPAA forms as one that can be given medical information then you have the right to know why they are drawing blood and the results of any tests.
I would send a letter to the facility requesting results.
I would also include that you are not giving permission for weekly blood testing. If a blood test is needed then they are to contact you first.
If you have stated this previously then if you have an attorney a strongly worded letter from a lawyer (this might be considered battery).

As far as the time is concerned there might be many reasons to get the testing done early.
*These would be "fasting" blood tests. If they are waking the person up they know that they have not consumed anything since the evening before.
*Testing done early so that it can get to the lab so results would be available faster.
*If this mobile lab has a number of stops it makes this might just be the route that it takes.
*Waking people to do labs also means that they are less likely to fight the phlebotomist that is drawing the blood making it safer for both.

What I am curious about is what do they do with the results?
My guess with dementia the options for any treatment would be limited this includes taking medications.
Depending on your mom and any other illness that she may have asking Hospice for a consult to see if she would be eligible might be an option. With Hospice the Hospice would be her doctor and would probably eliminate any lab testing.

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