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URGENT QUESTION! Self employed caregivers to a 72 yr old alcoholic woman, 4 months post hip replacement surgery and the woman is on opiods for pain. Is caregiver liable if she falls or dies as a direct result of these combinations? Is it illegal on the caregiver behalf to even dispense these to patient? Footnote " sorry I wasn't aware this was actually going to be posted already! This woman doesn't drive and has basically 24/7 private pay caregivers. The main caregiver has been involved in this woman's life for 7 yrs and basically handles all aspects. Patient has no children and is soon to be a widow. (Irrelevant) Caregiver does the shopping and buys cases of 1/2 gallons of vodka. Patient is prescribed a few "reg" medications that aren't being dispensed,( citalopram, omeprazole) probably others I'm unsure of. She's also on opiods daily. Either hydrocodone 10/325 and recently Oxycodone 10mg Immediate Release. She's 4 months post right hip replacement, needs other hip done, has a huge hernia (LLQ) overweight, uses a Rollator Walker and has often tripped and fallen when she was left alone. Recently she almost always has a caregiver. However main " caregiver " isn't really a caregiver, she started out as house cleaner 7 yrs ago, transition to house manager and caregiver that has now hired 2 real caregivers. The patient has been an alcoholic for decades. She has a cup of vodka 24/7 at all times. She drinks 24/7. While I'm aware there's no caregiver has to do this, she'd either quit or be fired. Probably never even hired as the vodka use is discussed pre-employment. Also caregiver fills a water bottle with vodka whenever they have to go somewhere, which is usually only to medical appts! Sooo now that I've set the scene, and I apologize for length! If the patient falls, or DIES which would obviously be a direct result of mixing opiods and Vodka, can rhe caregiver legally be charged in some form for the death???
In my State an aide cannot give a client medication. They can remind them but can't dispense it.
I would think after 4 months there should be no need for the opiods anymore. And I would say the combination could be deadly. If you are not handing them to her, I don't see where the liability would be. I would not even hand her the bottle or pill planner. Remind and let her get her pills.
Does she have family? If so, talk to them. Maybe consult with a lawyer. (there is legal aid, they charge on scale) Have a letter written up that if she continues to combine the two, you are not responsible for the consequences. Both of you sign it, maybe witness and definitely notarized. I may also call her doctor and make him aware. She may now be addicted to the opiods. Maybe time to stop the perscription.
I'm wondering if the care giver is you and if you are not medically qualified then my guess is yes, it is possible.
When I did campion care, I was not qualified for distribution of opioids. So I didn't distribute them, and the office told us not too.
Then your adding alcohol to the mix. That's a very dangerous mix. If your the caregiver and if the family or the client is asking you to distribute them.
Hi. Welcome. Fill in your profile for us, if you will; it'll help us to answer you.
1. Who is in care? 2. What is the competency of the person in care? 3. Is MD prescribing opiates aware of any alcoholism? 4. Is the caregiver aware of the deadly affect of combining alcohol and opiates? 5. Why are you certain that it is the caregiver who is "dispensing" alcohol?
Basically you are down to the competency of the person in care.
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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I would think after 4 months there should be no need for the opiods anymore. And I would say the combination could be deadly. If you are not handing them to her, I don't see where the liability would be. I would not even hand her the bottle or pill planner. Remind and let her get her pills.
Does she have family? If so, talk to them. Maybe consult with a lawyer. (there is legal aid, they charge on scale) Have a letter written up that if she continues to combine the two, you are not responsible for the consequences. Both of you sign it, maybe witness and definitely notarized. I may also call her doctor and make him aware. She may now be addicted to the opiods. Maybe time to stop the perscription.
When I did campion care, I was not qualified for distribution of opioids. So I didn't distribute them, and the office told us not too.
Then your adding alcohol to the mix. That's a very dangerous mix. If your the caregiver and if the family or the client is asking you to distribute them.
I'd get a new job, ASAP
1. Who is in care?
2. What is the competency of the person in care?
3. Is MD prescribing opiates aware of any alcoholism?
4. Is the caregiver aware of the deadly affect of combining alcohol and opiates?
5. Why are you certain that it is the caregiver who is "dispensing" alcohol?
Basically you are down to the competency of the person in care.