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power of attorney

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pele

Member
What is the name of your state? Hawaii

I live in Hawaii but this has to do with a hospital in S. C. My 98 year old mother is a nursing home patient in North Carolina. She was admitted to a hospital in S. C. for a cold arm and no pulse (she had a fracture of the humerus a week before). I don't know if this is the right forum but hope I can get some help. The nursing home called and told me she was on the way to the hospital. I called the hospital after she arrived and was refused permission to receive any information because I could not prove I was her daughter. I know about HIPAA, I work for a doctor. I called the nursing home and asked them to explain the power of attorney I have and to ask the hospital to call me. They refused to give any information on her condition to the nursing home and were rude not only to me, but to the nursing home nurse. The nurse at the nursing home called many times, finally just asking for the nurse in charge, rather than asking regarding a specific patient. She spoke to a nurse supervisor and the RN in charge of the case. They admitted that the first page on her chart gave my name, my phone number and that I had power of attorney. They still never called me. This went on over five hours during which time I did not know what was going on, what about surgery, etc. Her physician, who started the gerontology program there called the situation horrendous when he found out about it the next day. I have never had this problem with the hospital she usually goes to in N. C. I have always been called by the physician in charge, he puts a nurse on the line as a witness when I give consent for procedures. The reason they sent her to the larger hospital was because the small NC hospital did not have a vascular surgeon. I did get a poorly worded apology from the nurse, which had multiple spelling errors. They wanted me to send them a copy of my driver's license for identity, (which has my SS# on it), which I did not do. She also said, "HIPAA was passed without our knowledge", which is ludicrous. I would like to know if I have a case against this hospital. My main fear is that she will be sent there again and I will be put through the same stress as before. I was told that I cannot sue in Hawaii, it has to be there.

Thank you for your help.
 


comet3

Junior Member
I'm not quite sure what case you are looking for, however, what they did is wrong. I am a nurse in a nursing home. The hospital and nursing home are responsible for notifying the POA with status of that person and updated whenever there is a change in anything. Also, the hospital could give the nursing home information because unless she was "discharged" from the nursing home she is still considered "their" resident and it does not violate HIPPA rules/regulations. The most you could probably do is file a complaint with the hospital. I would avoid going through her supervisor and going through someone higher. Make sure you show the copy of the "mis-spelled apology letter" and your experience, however, remain calm. Share your concerns and emphasize the stress it caused and that you don't want it to happen to someone else.
 

pele

Member
Thanks for your help. The only reason I think I got an apology is because my mother's physician went to the ER the next day. I do not think it went further than the ER and I do entend to send a letter to the hospital. You are right, there was a lot of stress, I am a cancer patient on chemotherapy and did not need this to happen. I am trying to take care of my mother and myself. I also may file a complaint with HIPAA.

Thanks again for your timely reply.
 

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