A question for my friend

[lookitsmary]

What is the name of your state (only U.S. law)? Florida I have an elderly family friend. She is 77 years old with COPD. She is on oxygen 24/7. Back in Oct. 2015 was the beginning of her terrible ordeal. She was at home when the lights went out and she began to become oxygen deprived. She then got into her auto and drove to the nearest Fire Station. The firemen helped her out and transported her to the local hospital. At which time she was backer acted and than diagnosed and prescribe medication for Alzheimer and dementia neither of which she has she was not only deprived of oxygen she had a very serious UTI and a bad cut on her leg that was not treated.

 

[Zigner]

What is the name of your state (only U.S. law)? Florida I have an elderly family friend. She is 77 years old with COPD. She is on oxygen 24/7. Back in Oct. 2015 was the beginning of her terrible ordeal. She was at home when the lights went out and she began to become oxygen deprived. She then got into her auto and drove to the nearest Fire Station. The firemen helped her out and transported her to the local hospital. At which time she was backer acted and than diagnosed and prescribe medication for Alzheimer and dementia neither of which she has she was not only deprived of oxygen she had a very serious UTI and a bad cut on her leg that was not treated.

Did you have a question?

 

[lookitsmary]

Did you have a question?

She would like to know if she has any recourse so this will not happen again to any one else. should she talk to an attorney? she is not happy with this being on her record nor does she understand why this happen to her.

 

[Zigner]

She would like to know if she has any recourse so this will not happen again to any one else. should she talk to an attorney? she is not happy with this being on her record nor does she understand why this happen to her.

There's nothing she's going to do to prevent this from happening to others. She's not going to get this off her "record" - and, besides, she's 97. What the heck does she care about her "record" for in the first place?

 

[quincy]

I believe she is 77, not 97 (not that she should necessarily be concerned about her record at this point either way ...).

She could be smart to speak to her doctor about the medicines given her at the hospital, though. If she was not in need of them, her doctor is the best person to determine this. It is entirely possible that these were the medicines best given her under the circumstances.

I imagine the cut on her leg has now healed?

 

[lookitsmary]

I believe she is 77, not 97 (not that she should necessarily be concerned about her record at this point either way ...).

She could be smart to speak to her doctor about the medicines given her at the hospital, though. If she was not in need of them, her doctor is the best person to determine this. It is entirely possible that these were the medicines best given her under the circumstances.

I imagine the cut on her leg has now healed?

yes the leg wound has healed. She is a retired nurse and this is all very indignant to her I guess..... she wants to die without this backer act on her record. she believes this to be a grave injustice. She lived her life straight up and now there is a scar on her "record" it just doesn't sit well with her. She never got the scripts filled as she went to her Dr. first...... 77 yes and on no medication...... she is on oxygen but no meds..... she prides herself on this and she is an old lady that Im not going to tell her not to worry about her record at this point in her life. Thank you though.....
I think too she would not be releases unless she had a "plan" in place which meant Home Care that has cost her quite a bit of money..... this is something she would not have had to pay out if not wrongfully backer acted....

 

[Zigner]

I stand corrected on the age...but the concept is the same

 

[quincy]

yes the leg wound has healed. She is a retired nurse and this is all very indignant to her I guess..... she wants to die without this backer act on her record. she believes this to be a grave injustice. She lived her life straight up and now there is a scar on her "record" it just doesn't sit well with her. She never got the scripts filled as she went to her Dr. first...... 77 yes and on no medication...... she is on oxygen but no meds..... she prides herself on this and she is an old lady that Im not going to tell her not to worry about her record at this point in her life. Thank you though.....
I think too she would not be releases unless she had a "plan" in place which meant Home Care that has cost her quite a bit of money..... this is something she would not have had to pay out if not wrongfully backer acted....

The lack of oxygen at the time she went to the hospital probably made your friend a bit addle-brained and this could have led the hospital workers to their conclusion that she was suffering from dementia or Alzheimer's - not an unrealistic conclusion if she had trouble communicating with the workers and could not explain to them that she was only low on oxygen and nothing else.

If she did not take any of the prescribed medication and she has since seen her doctor, I see nothing that she needs to be concerned about. She can ask her doctor to ADD his comments to the records stating that she has not been diagnosed as having Alzheimer's or dementia. That will address the problem with the records and will clarify that fact for others who may treat her in the future.

But there is no legal action I can see that is available for her to take. The remedies are more likely to be found with her own doctor.

 

[OHRoadwarrior]

One going around with a serious UTI and a bad cut, usually infected, not having been treated, especially by a former nurse is a good indication of mental issues as is not keeping an oxy bottle or generator around for power emergencies.

 

[ajkroy]

I would also suggest that she invest in a Life Alert (or similar) system and a generator. If she is living alone and must use oxygen, driving herself without it can be a dangerous situation.

 

[justalayman]

She would like to know if she has any recourse so this will not happen again to any one else. should she talk to an attorney? she is not happy with this being on her record nor does she understand why this happen to her.

Yes, her recourse would be to purchase a backup generator.


She should also have reserve tanks of oxygen they require no power to administer

 

[RRevak]

What is the name of your state (only U.S. law)? Florida I have an elderly family friend. She is 77 years old with COPD. She is on oxygen 24/7. Back in Oct. 2015 was the beginning of her terrible ordeal. She was at home when the lights went out and she began to become oxygen deprived. She then got into her auto and drove to the nearest Fire Station. The firemen helped her out and transported her to the local hospital. At which time she was backer acted and than diagnosed and prescribe medication for Alzheimer and dementia neither of which she has she was not only deprived of oxygen she had a very serious UTI and a bad cut on her leg that was not treated.

Was the cut and uti before or after the Baker Act was initiated?

 

[commentator]

My mother had dementia issues, and any time that they became especially bad, we learned first of all to check her for bronchitis or anything else that affected her oxygen levels, (low oxygen levels make you act wild) and secondly, did she have a UTI? For some reason, they make you go a little bit crazy sometimes too.

This lady needs reassurance that she's still a responsible and professional human being, of course, that's what we all need. But this does not a lawsuit make. Those people did the best they could in the circumstances. They saw an older person acting like they had dementia. My mother got overmedicated a couple of times when she had real "act out" dementia emergencies and was sent to the Emergency room. If it looks like dementia to them, that's what they assume, even if the person is only acting just like any normal person would act under these circumstances when they're exhausted and sick and scared and oxygen deprived.