If your Dad was at the SNF under Medicaid, then most states have a required # of bed-hold days that they must hold his bed for and the rules for that differ in each state. If his SNF stay was under Medicare, then this does not apply. However, his level of care must meet what a SNF can provide. If not under a bed-hold then they don't have to take him back. I have seen many perfectly appropriate SNF patients lose their beds because the SNF didn't want the family back...sorry, but it's the truth.
Interesting question: What were you threatening the law suit ABOUT? Not doing what you wanted is not something you can sue about. Are you the POA and have you any personal rights in this? Or did you just disagree with them (and possibly your father, possibly also the hospital when he got there) about whether a hospital visit was needed? Whatever you 'promised your mom' is not relevant to a legal action. As a lawyer, my take is that you certainly haven’t explained what your ‘threat’ was about and whether it was in any way justified. Bear in mind that a threat of a law suit by you is a civil action and very different from convincing any body to prosecute them for wrong doing of any sort – if there was in fact any wrong doing.
You have indicated that you don’t think the NH was meeting his needs, so you can’t really argue if they say that they can’t meet his needs. If he agrees with you, then he is saying that they don’t meet his needs. They clearly can’t meet YOUR needs for control over him and them.
If you want to be in complete control of what your F gets, take him home and look after him yourself – if (of course) he agrees.
Actually, most likely it is you that they are not taking back, not your father.
You could have called 911 and had him taken to the ER, so the real issue is why didn't you do this?
I spent over 40 years in the legal arena, filing a lawsuit would be a real waste of time, and threatening to do so was wrong on so many levels. You have -0- chance of winning, but if you have lots of money and time and want something to do, go for it.
Me, I would find another place for him and keep my threats off the table.
Threatening is not the best strategy, especially when the entity that you're threatening has the power to deny you what you want.
I don't respond to threats or bullying of any kind. What I will do is avoid the one who threatened me. Why risk a lawsuit?
Life experience has taught me that any unhinged person can file a lawsuit, just as any normal person can. Lawsuits are hell. It can be months of agony before the suit goes to trial, if it makes it that far. It might get thrown out. It might result in having to pay penalties. At the very least, you can spend months gathering info to defend yourself. That's difficult and may require a lot of legal help ($500 an hour for the lawyer, and then there's the paralegals, deposition costs, mediation costs, court costs, etc.)
Threaten anyone you want. Sue anyone you want. But expect them to countersue. Expect them to refuse to do business with you.
You've shot yourself in the foot. You'd better find another NH.
Lots of questions. Why do you think he needed the ER? What was their reason for not wanting to send him to the ER? Was "threatening a lawsuit" really necessary? Could you have called 911, or could your dad have called 911? Is your dad cognizant? Is this a Skilled Nursing Facility, Rehab, AL or MC? (people use "nursing home" as a generic term) How long was he in the ER? Check your States "Bed Hold Regulations"
Nursing homes are ruled by much more strict do's and don'ts than a MC or ALF which is a private business privately run with its own rules. I have to say I don't know. Look at the admission packet to review the reasons for asking a resident to leave. You might consider discussing first with administrations in full. Then with an Elder Law Attorney if needed. Good luck.
If your father had a DNR or POLST that said he was not to be transported to ER, or a Hospice involved, this can be a very dicey thing. And an INDIVDUAL thing as in each case is unique.
Well, you didn't need to threaten. If they would not call an ambulance you could have. Dad was not in a prison so he could have called himself an ambulance.
I assume Dad was in Rehab? How long had he been there when u felt he needed hospitalization? There is a thing with Medicare. When a person is discharged from a hospital by a doctor to rehab, the person needs to be ready for Rehab. If the admitting nurse at Rehab feels they aren't ready, they can send the patient back to the hospital. When this happens the hospital is penalized by Medicare and I think the Rehab too. So, if a NH is charged they are more likely to just admit the patient. One thing my daughter did not do as an admitting nurse, she did not admit if the patient was not ready for Rehab.
I have no idea why Rehab keeps people they cannot properly care for. They have no pharmacy in house or keep medications on hand like a hospital. They are not skilled nursing. If Dad was being returned to the hospital for the same thing he was in there for before Rehab, someone is probably getting penalized.
Can they refuse to take Dad back, yes. They could say they no longer have a bed. Actually any reason. The Hospital discharger will just have to find another Rehab facility that can take him.
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You have indicated that you don’t think the NH was meeting his needs, so you can’t really argue if they say that they can’t meet his needs. If he agrees with you, then he is saying that they don’t meet his needs. They clearly can’t meet YOUR needs for control over him and them.
If you want to be in complete control of what your F gets, take him home and look after him yourself – if (of course) he agrees.
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You could have called 911 and had him taken to the ER, so the real issue is why didn't you do this?
I spent over 40 years in the legal arena, filing a lawsuit would be a real waste of time, and threatening to do so was wrong on so many levels. You have -0- chance of winning, but if you have lots of money and time and want something to do, go for it.
Me, I would find another place for him and keep my threats off the table.
I don't respond to threats or bullying of any kind. What I will do is avoid the one who threatened me. Why risk a lawsuit?
Life experience has taught me that any unhinged person can file a lawsuit, just as any normal person can. Lawsuits are hell. It can be months of agony before the suit goes to trial, if it makes it that far. It might get thrown out. It might result in having to pay penalties. At the very least, you can spend months gathering info to defend yourself. That's difficult and may require a lot of legal help ($500 an hour for the lawyer, and then there's the paralegals, deposition costs, mediation costs, court costs, etc.)
Threaten anyone you want. Sue anyone you want. But expect them to countersue. Expect them to refuse to do business with you.
You've shot yourself in the foot. You'd better find another NH.
Why do you think he needed the ER?
What was their reason for not wanting to send him to the ER?
Was "threatening a lawsuit" really necessary? Could you have called 911, or could your dad have called 911?
Is your dad cognizant?
Is this a Skilled Nursing Facility, Rehab, AL or MC? (people use "nursing home" as a generic term)
How long was he in the ER? Check your States "Bed Hold Regulations"
I have to say I don't know.
Look at the admission packet to review the reasons for asking a resident to leave.
You might consider discussing first with administrations in full.
Then with an Elder Law Attorney if needed.
Good luck.
If your father had a DNR or POLST that said he was not to be transported to ER, or a Hospice involved, this can be a very dicey thing. And an INDIVDUAL thing as in each case is unique.
I assume Dad was in Rehab? How long had he been there when u felt he needed hospitalization? There is a thing with Medicare. When a person is discharged from a hospital by a doctor to rehab, the person needs to be ready for Rehab. If the admitting nurse at Rehab feels they aren't ready, they can send the patient back to the hospital. When this happens the hospital is penalized by Medicare and I think the Rehab too. So, if a NH is charged they are more likely to just admit the patient. One thing my daughter did not do as an admitting nurse, she did not admit if the patient was not ready for Rehab.
I have no idea why Rehab keeps people they cannot properly care for. They have no pharmacy in house or keep medications on hand like a hospital. They are not skilled nursing. If Dad was being returned to the hospital for the same thing he was in there for before Rehab, someone is probably getting penalized.
Can they refuse to take Dad back, yes. They could say they no longer have a bed. Actually any reason. The Hospital discharger will just have to find another Rehab facility that can take him.