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Can I sue hospice?

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free2elevate

Junior Member
State: Georgia

This story starts at my moms stay at hospice. I get a call from them saying my mother has been put in restraints as she has been getting aggressive. This was on A Friday. So I find a ride up to the hospice to see my mother. She was drugged up. Couldn't comprehend anything. I stayed there for about three hours. She was resting now. Decided I was going to take a week off work to stay with my mother.


I came Sunday afternoon. Stayed until Thursday. At that time I learned that my mother suffers from short term memory. She forgets everything new. Shes often shocked at what the date is, and how long shes been here. It angers her. But she usually keeps calm and tries to catch up. She jokes a lot, watches TV. And sleeps. Everything was fine up until Saturday, while I was back at work.


I was at work when hospice called me. It was the manager nurse who called. She told me that my mother was being discharged and I need to get her. I said I don't have a current way(transportation broke down on me about six months ago, they knew of this.) but please explain to me why she is being discharged. She replied I dont need to discuss that with you. And I was like why is that? And she said goodbye and hung up in my face. So I get my manager in the office where it was quiet. I called hospice back on speaker phone so my manager could hear. I asked the nurse that im trying to find info on my mother and she directs my call back to the Manager nurse. She then tells me once again she doesn't need to discuss it and to come get my mother. I said well May I talk to someone over you. She responds well I am the managing nurse. I respond well I would like to speak with who is over you. She responded, shawn, you don't want to go there. I said what?! And she said goodbye and hung up. So I leave work immediately with my manager as a witness to what she heard to get home and organize a ride to get my mother. I get one, payed them gas. I call hospice again and say im on the way to pick my mother up. They said ok and i hung up. They call back and say its ok we got your mom a cab. Shes on the way. Mind you at this point I'm a quarter of a way there, at that moment I knew they were doing whatever it took to send my mother on her way. My mom rode in a taxi cab, drugged up slumping over in her seat, mouth open and eyes half closed. She couldnt get out of the car. I had to go back to where the cab was dropping her off at (back home with me) and carry her out of the car. I called another time and they ignore, called again, they ignore again. This time I let the person I was riding with (my godbrother and his friend. ) witness how I was being ignored.

Even the taxi driver knew it was wrong and I have his name, cell number, and his company. I checked the hospices rules/rights online on there website.

*Mind you I'm my mother's guardian at this point in her life as she can't do anything for herself at this stage of cancer. I also have proof through a facebook message from my moms sister saying that the conversation she had with my mother included my mother saying that I am her guardian. This was on the date of the incident after I told her what happened.

These were some of the rules I felt the hospice violated that is clearly posted on their webpage.

I have the right to be treated as a human being by caring, competent people who will attempt to understand my needs, respect my confidentiality*and my personal dignity.

I have the right to know how to make a complaint concerning any aspect of my care and treatment without fear of reprisal.

I have the right to have my questions answered honestly and be treated in a truthful manner.

I have the right to participate in decisions concerning my care and be involved in developing my plan of care.

My mother is now home suffering from pain without any help but our prayers. This cant be right can it?
 


quincy

Senior Member
State: Georgia

This story starts at my moms stay at hospice. I get a call from them saying my mother has been put in restraints as she has been getting aggressive. ... I learned that my mother suffers from short term memory. ... I was at work when hospice called me. It was the manager nurse who called. She told me that my mother was being discharged and I need to get her. I said I don't have a current way(transportation broke down on me about six months ago, they knew of this.) but please explain to me why she is being discharged. She replied I dont need to discuss that with you.

*Mind you I'm my mother's guardian at this point in her life as she can't do anything for herself at this stage of cancer. I also have proof through a facebook message from my moms sister saying that the conversation she had with my mother included my mother saying that I am her guardian. This was on the date of the incident after I told her what happened.
First, your mother "saying" that you are her guardian is not enough to make you her guardian. I hope you have taken the legal steps necessary to allow for you to act on her behalf. If not, then the manager nurse was right when she told you that she could not discuss your mother's discharge with you.

These were some of the rules I felt the hospice violated that is clearly posted on their webpage.

I have the right to be treated as a human being by caring, competent people who will attempt to understand my needs, respect my confidentiality*and my personal dignity.

I have the right to know how to make a complaint concerning any aspect of my care and treatment without fear of reprisal.

I have the right to have my questions answered honestly and be treated in a truthful manner.

I have the right to participate in decisions concerning my care and be involved in developing my plan of care. ...
Here is a link to the State of Georgia Hospice Rules (scroll to Page 11, Rule 290-9-43-.14(4)(a) on Admission, Transfers and Discharges):

https://dch.georgia.gov/sites/dch.georgia.gov/files/Imported/vgn/images/portal/cit.1210/42/35/158464494Hospice Application Packet.pdf

Although what you describe of your mother's exit from hospice is a bit disturbing, if your mother elected not to continue with hospice care and you are not her legal guardian, there is little you can do. I suggest you review all facts with an attorney in your area.
 

Gail in Georgia

Senior Member
First, it's unlikely your mother was staying at "hospice". It's more likely she was admitted to a nursing home in the hospice unit. And folks can be discharged from a nursing home, especially if they need to be put in restraints. Nursing facilities do not like to have patients in restraints. Restraints themselves can be quite dangerous for patients although those who require these can hurt themselves by NOT having them (i.e., those who wander and fall, pull at lines, etc.). Nursing facilities usually handle these issues by not admitting (or discharging) patients requiring restraints.

There is nothing stopping you from looking into home hospice for your mother. Have you considered this route? Sometimes the home environment with home hospice has a more soothing atmosphere for a hospice patient than another other medical facility.

Gail
 

free2elevate

Junior Member
Thanks for replies

She was definitely in hospice. She was admitted in the "heart of Georgia hospice " in Perry. I'm sure she had no intent on leaving hospice care. She can't speak for herself nor keep a one track mind. So how is it that they are able to discharge a patient without a proper way of making sure that patient had a way to get home safely as opposed to being drugged and sent in a cab with a driver I do not know?
 

quincy

Senior Member
She was definitely in hospice. She was admitted in the "heart of Georgia hospice " in Perry. I'm sure she had no intent on leaving hospice care. She can't speak for herself nor keep a one track mind. So how is it that they are able to discharge a patient without a proper way of making sure that patient had a way to get home safely as opposed to being drugged and sent in a cab with a driver I do not know?
Are you your mother's legal guardian?
 

free2elevate

Junior Member
Thanks for replies

I would assume that mantle would be thrown at me seeing as how I've had to sign paperwork that my mother was not able to sign for because of her condition. They've even had me complete paperwork for a funeral/cremation to be prepared for that moment of passing. My mother is not in a state to fend for herself. I'm her only child.
 

quincy

Senior Member
I would assume that mantle would be thrown at me seeing as how I've had to sign paperwork that my mother was not able to sign for because of her condition. They've even had me complete paperwork for a funeral/cremation to be prepared for that moment of passing. My mother is not in a state to fend for herself. I'm her only child.
Here is a link to Guardianship Law in Georgia - which tells you what you would need to do to become your mother's guardian if you feel she can no longer manage her affairs on her own:

http://aging.dhr.georgia.gov/sites/aging.dhs.georgia.gov/files/imported/DHR-DAS/DHR-DAS_Publications/ELAP- GUARDIANSHIP 2012.pdf

You might want to consider going with your mother to see an elder law attorney.
 
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lkc15507

Member
I suggest you look into what the hospice facility did would constitute "abandonment of care". Your post certainly sounds as though it very well may. Consult a med-mal attorney.
 

ecmst12

Senior Member
There is a question of mom's aggression and how severe it was, and whether they were unable to care for her while keeping her and their staff safe. But even if she couldn't stay there it sounds like they didn't handle things well.
 

quincy

Senior Member
State: Georgia

I was at work when hospice called me. It was the manager nurse who called. She told me that my mother was being discharged and I need to get her ...

These were some of the rules I felt the hospice violated that is clearly posted on their webpage.

I have the right to be treated as a human being by caring, competent people who will attempt to understand my needs, respect my confidentiality*and my personal dignity.

I have the right to know how to make a complaint concerning any aspect of my care and treatment without fear of reprisal.

I have the right to have my questions answered honestly and be treated in a truthful manner.

I have the right to participate in decisions concerning my care and be involved in developing my plan of care.

...
There is also some question as to whether it was the mother who made the decision to leave, perhaps against the advice of those at the hospice. The hospice could have been honoring the mother's right to decide her plan of care and respecting the mother's right to confidentiality.

It does not appear from anything that has been said that the mother has been judged incompetent to handle her own affairs or that anyone has guardianship of her.

I do not see that a consultation with a medical malpractice attorney is necessary at this point. I think it might be important for the mother and free2elevate to see an elder care attorney, however, for a personal review of the facts.
 

lkc15507

Member
Abandonment of care does not require that the patient be declared incompetent or that anyone has guardianship of her. However, in this post the mention of medications and restraints would call into question her ability to safely and adequately care for herself and make an appropriate decision regarding her disposition from hospice. Confidentiality does not supersede the safety of a patient in their care or the caregiver / patient relationship. That can be maintained without violating confidentiality. Most times that doesn't include a patient needing continued care being put into a taxi even if she voluntarily discharged--if there is any question of her competency and safety at the time she made that decision.

Whether a patient is legally competent to make all, some, or no healthcare decisions is quite complicated. But putting a woman who is requiring chemical and mechanical restraint and has memory issues (all in the post) into a taxi is a situation I would question with an attorney. She need not be 'declared' incompetent for a professional caregiver to make the determination she is not competent at the time to make a decision that is not in her best interest and act appropriately. Or inappropriately for that matter.

Whether she had adequate notice and of the termination of care, whether she understood the implications, whether she had the opportunity to arrange for alternate care, whether she was competent to make a decision at the time of discharge, whether a patient / caregiver relationship is established at the time of discharge, and whether she suffered any injury is what is at issue. All those facts aren't present, but there are enough that if this was my mother I would seek counsel. And since abandonment of care is a type of malpractice, I would consult a med-mal attorney. I won't quibble about the type of attorney but I would sure talk to one.
 

free2elevate

Junior Member
Thanks for replies

Hello guys. In recent times I have Got my mother into another hospice facility which eventually transferred her into a nursing home. The original nursing home I chose was denied because of "drug abuse" on her medical records that came from the heart of Georgia hospice facility. I was completely appalled by this as it is incorrect on every level. I called to figure things out. I also had the call recorded because I believed nobody else would believe me otherwise. This is with the managing nurse at the hospice facility.

My mother is only 43. At this point now, she has basically no memory. She can't speak for herself. I'm in the process of getting power of attorney.
 
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free2elevate

Junior Member
Link to phone call with managing nurse

I responded earlier with this but not sure it has posted. Since the situation my mother was placed in another hospice care. She has since been transferred to a nursing home. But it was not one of my choosing. The one I chose, which is much closer to me, denied her for drug abuse. My mother has never taken any drugs besides the drugs given to her by doctors/nurses etc. Two urinalysis that were performed can prove that. Nonetheless, drug abuse (cocaine) was attached to my mothers medical records unknown to me until she was denied access to the nursing home of my choosing. In the call she states that my mother admitted to using cocaine, which I find absurd seeing as how she said this was admitted while putting my mother in a cab. I must remind you thay my mother was placed in that cab drugged up to the point that she was completely in "another world". I did take a picture of my mother when I finally was able to get her in the bed but it is pretty graphic as it appears that she looks deceased. She then contradicts herself a couple of times if you listen.
 
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