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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:30 PM
Original message
Do any of you know how to report a hospital for releasing
Edited on Tue Aug-12-08 08:37 PM by Holly_Hobby
a patient to go home (lives alone) that cannot care for themselves???

I begged them not to let my mom go home because she can't care for herself. She can't bathe, she can't cook, she can't even comb her hair. They said she signed herself out so there was nothing they could do. But her psychatrist released her!

8 days later, she was found sitting in her own feces and urine.

4 days later, after finally getting her to agree to go back to the hospital, she's diagnosed with dementia and Alzheimer's by her MD. She's now in a nursing home to try to rehab her.

I filed a complaint with the hospital, but they said they did everything according to procedure. Bullshit! How do I report it to the proper authorities? Who are the authorities?

Please help me make these people responsible for their actions.

On Edit: How can psychiatric nurses NOT KNOW my mom was not bathing herself for over 2 weeks??? She was under 24/7 observation!
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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:32 PM
Response to Original message
1. Actually, it sounds like they did do everything according to procedure..
unless someone's Baker Act'ed, they have to let them leave if they sign themselves out.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:36 PM
Response to Reply #1
3. How can a doctor release a patient that can't care for themselves?
How can that be legal?
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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:42 PM
Response to Reply #3
7. Don'tcha love American healthcare? n/t
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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:00 PM
Response to Reply #3
22. Unless the person is going to commit suicide or murder
a psychiatrist really can't do much if the person wants to sign themselves out. You have to go through the legal process of declaring them incompetent.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:08 PM
Response to Reply #22
28. He didn't discuss it with me, he released her
I went to visit and she was packed and ready to leave. No one did a damned thing or even bothered to tell me she was being released or I would have made arrangements for a nursing home.

Her psychiatrist had no interest, her MD put her in the nursing home afterward.
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tammywammy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:11 PM
Response to Reply #28
30. Are you her guardian?
Edited on Tue Aug-12-08 09:33 PM by tammywammy
If not, she can legally sign herself out of the hospital, even against the doctors recommendations.



After further reading, you need to get Power of Attorney.
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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:14 PM
Response to Reply #28
32. Well if she didn't sign over you as a person to discuss her healthcare
Edited on Tue Aug-12-08 09:17 PM by Jake3463
He may not be able to discuss it with you or notify you HIIPA. Not defending the system but 30 years ago this wouldn't happen. There are strict laws that after holding someone for a period of time in most states that if a patient request to leave the Dr. has 72 hours to get a court order. The only way that the person is not released is if it shows they are a threat to committ suicide or the rest of society.

It sucks but the liberals in the 80s went overboard because the state system was so awful and the conservatives saw a social service that they could do away with. They got rid of it...for different reasons.
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Heddi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:21 PM
Response to Reply #28
37. if you're not made power of attorney, or do not have HIPPA priveleges
then legally they CAN'T tell you that she's leaving. The laws regarding HIPPA are pretty strict, even moreso when psychiatric issues are involved.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:18 PM
Response to Reply #3
34. Sounds like
the doctor in charge was responsible for the release.

That's where I'd go.
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gateley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:33 PM
Response to Original message
2. Oh my God - I am so so sorry.
I hope someone comes along who can answer your questions.

:hug: for you and :hug: for your mom. :(
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:39 PM
Response to Reply #2
5. Thank you
Anyone with half a brain knows this isn't right!
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:39 PM
Response to Original message
4. Good luck. They do it all the time.
Edited on Tue Aug-12-08 08:40 PM by Cleita
In my area they released a man dying from cancer, who was homeless, because they couldn't do anything else for him. He had to die in field with no hospice or other care other than other homeless people who tried to comfort him. I'm sorry you are going through this.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:40 PM
Response to Reply #4
6. Where is the compassion?
I'm so angry at emotionless health workers. THEY need the psychiatric care!
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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:44 PM
Response to Reply #6
8. Either pay them or get insurance, and they'll have all the compassion you want!
Our healthcare system is the best that money can buy....
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:47 PM
Response to Reply #8
10. Funny thing about that
My mom has both Medicare and Medicaid, she has no assets. Her care is 100% paid and they still released her!
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SteppingRazor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:48 PM
Response to Reply #10
13. Well, she still signed herself out.
Like I said, without her being Baker Act'ed, there's not a lot the docs can do.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:47 PM
Response to Reply #6
9. I've been in that situation
and we weren't emotionless although constant rage at insurance company and Medicare regulations that insisted we send sick people home to get sicker and just come back contributed more to burnout than just about anything else we had to deal with, and we had to deal with a lot.

It all comes back to the fact that we are a country that cares about cost and doesn't care about people. There is no way around that simple fact.

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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:48 PM
Response to Reply #9
11. I'm sorry
If you're a health care worker, I'm sorry. Not everyone is emotionless. You do the best you can, when you don't have any power to change things.
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gateley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:54 PM
Response to Reply #4
17. My God.
:cry:
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fed_up_mother Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:48 PM
Response to Original message
12. If you begged them not to release her, it seems like the hospital thought
you would be responsible for her. You knew about her condition. I realize most people aren't feasibly able to care for an elderly person in such a condition, but it's not the hospital's job to take care of her - that would be your job or that of a nursing home.

And how do you "rehab" someone with dementia and Alzheimer's disease?


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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:51 PM
Response to Reply #12
15. That's my point
I'm not responsible for her, I don't have a guardianship. She's responsible for herself. She needed a referral to a nursing home. Dementia and Alzheimer's patients can't be rehabbed. How can you release a patient that you KNOW can't care for themselves?
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Heddi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:23 PM
Response to Reply #15
38. If you're not her legal guardian, they have no legal basis to notify you
Just being next of kin does not give you the "right", I suppose, to be necessarily notified when a patient does or doesn't do something.

If you knew your mother was so severely impaired, you should have been named legal guardian, or DPOA. You could have had that done while she was in the hospital, and you can have it done now, especially with the new diagnosis of Dementia/Alzheimers.

If you were her guardian/DPOA, then they would have had to notify you of her attempting to leave.

But you weren't, and they're not obligated. Especially since they can get into deep legal shit for even discussing medical issues with someone other than the patient.
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SmileyRose Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:55 PM
Response to Reply #15
47. This post makes my stomach hurt.
What kind of person knows Mom can't be left alone and willfully leaves her to end up sitting in her own excrement?

I realize few people have the temperment to deal with elderly dementia patients, but shoveling Mom off on the medical community lock stock and barrel is cold IMHO. I've met more than my share of elderly folks tossed into nursing homes and all but forgotten by their families - until something happens to make a nice lawsuit - or the end in near and it's time for the property to be divided up. Not saying that's you, sorry, the idea behind "why didn't THEY take care of her" just struck a raw nerve.

Ugh.
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woo me with science Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 11:22 AM
Response to Reply #47
61. I am mind boggled over here.
I thought I was misunderstanding the post.
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bmbmd Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:01 PM
Response to Reply #12
23. Bingo.
Sometimes, you have to take care of your own.
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fed_up_mother Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:05 PM
Response to Reply #23
26. We just moved an elderly aunt to a different nursing home
Her mind is sharp as a tack, but due to poor health, it's impossible for anyone to take care of her without full-time nursing care. Somebody has to step in and take charge. This new nursing home is much better.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:06 PM
Response to Reply #23
27. My mother can't climb steps to a bathroom at my house
She can't even tell when she has to urinate or defecate. We both work. My mother has no assets.

Now that's she's in the proper place, her care is 100% covered. They blew it, not me.

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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-14-08 12:13 AM
Response to Reply #27
65. I am confused
Do you live in the same community as your mom? Were you unable to check on her?
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:28 PM
Response to Reply #12
40. There's no rehab for such,
as you suggest.

We're similarly situated, and paying a fortune of my folks' retirement savings for nursing home care for my mother.

Possibilities include bring her 'home,' and care for her with help of hospice and/or other local resources, and find nursing home and pay with medicaid and her social security.

Dementia and alzheimers are demanding a huge toll on society, INCLUDING employees at 'decent' facilities. Families must CONSTANTLY watch what's being done to/for patient, take moment to moment care. This changes our lives, but that's the price we all pay for living in an industrial world; in olden days, and prolly in other cultures today, families care for elderly through thick and thin.
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pinstikfartherin Donating Member (294 posts) Send PM | Profile | Ignore Wed Aug-13-08 10:40 AM
Response to Reply #40
54. I agree.
Placement in a nursing home is good and if she's really declining, she could also have hospice in the nursing home as a second set of eyes to make sure she's taken care of, and medicare will cover it.

Although I work at a hospice, I will be honest and say that you still have to watch some hospice staff and make sure they're coming as they are suppose to and taking care of what they say that they will. Most are great, but there are those few that just do not give the care that they should. It makes you so mad when people do not do the job that they are suppose to do for these people who need it most.

You just have to take the dive and make sure that you are not afraid to call and see and complain to whoever you have to to make sure that any wrongs are corrected.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:49 PM
Response to Original message
14. In Ohio, here is contact info:
Edited on Tue Aug-12-08 08:53 PM by mnhtnbb
http://www.odh.ohio.gov/contactus.aspx

I would also file a complaint with the The Joint Commission which accredits hospitals.

http://www.jointcommission.org/GeneralPublic/Complaint/

I am a retired hospital administrator, and I'll tell you, hospitals do not like to see
complaints filed with the Joint Commission. Your state licensing authority may or may
not take family complaints seriously, but the Joint Commission will respond to you.

Good luck. I am so sorry you are having to deal with this.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:51 PM
Response to Reply #14
16. Thank you thank you thank you
My mom would thank you too if she could.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:57 PM
Response to Reply #16
19. It's tough. My father had a post-operative dementia--not Alzheimer's--
but he was definitely not 'all there' in his late 80's. When mom died, I moved him from CA to NC
and we went through some trying times because he needed 24 hour supervision. He lived to 91.

My heart goes out to you.

:hug:
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:02 PM
Response to Reply #19
24. Hugs back
My mom can't live with us, our bathrooms are upstairs and downstairs, we have a split level.

She has no assets, so it's home, hospital or nursing home, she has no money for assisted living.

How can they expect a person without bowel or bladder control to care for themselves? Then add it dementia and Alzheimer's.

Thanks for the response, you've been very helpful.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:31 PM
Response to Reply #24
41. Find a nursing home,
pay with medicaid and social security.

It can be done; I see it every day.

Good luck.

PS, assisted living not appropriate.
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InkAddict Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 11:24 PM
Response to Reply #24
49. Hey, let me tell you...you change a diningroom into a bedroom
you purchase the diapers and a potty chair, or whatever is required; you hire a nurse or arrange for visiting nurses, and you ride herd on the medical caregivers if you want quality care the rest of the time. You get the legal documents needed to make the decisions when the patient can't or won't.

My FIL was deaf w/kidney problems; he lived alone and had had a visiting nurse after bladder cancer surgery that left him with a urostomy bag. He did not understand how important hygiene was to avoid infection. He went to bed, conched his head, and didn't get up til morning. Nurse found him the next day. He was septic. Two more weeks in hospital. He unwillingly came to our home to recuperate. Developed electrolyte problems that made him act demented. Hospital again. He pressed for his own apartment when recuperated somewhat and we relented because he was so obstinent about being independent, but got him a daytime nurse. He fired her one day; said he didn't need her around.

The next time his "lytes went out, he left the sink faucet running all night and nearly ruined the neighbor's apartment as well as his. Hospital again. Infection again. Kidney failure this time; now dialysis a certainty. We found an assisted living center, self-pay, and he made a good show of enjoying his time there, even a lady"friend"(?). We were able to find volunteers to make the dialysis runs most of the time. Nevertheless, his health diminished and his assets dwindled as did ours so we could not pay it either. Without totally giving over his "income;" he'd never be able to be eligible for Medicaid as if he'd ever agree or understand why, and the homes for those patients were TERRIBLE. He came back to our place for awhile, eventually needing oxygen, though still fiercely independent despite his weakened state. In some respects, it was a blessing that the spouse was unemployed at the time; OTOH, we lost our home and filed when the spouse's job(s) didn't materialize in time to make any difference. Special diets, hearing aid batteries (didn't help anymore and didn't wear them much), diapers, medical prescription co-pays, doctor visits (remember, he was deaf, and only spouse had DPOA.
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TNDemo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:55 PM
Response to Original message
18. First thing to do is contact your hospital's
office of patient affairs. It might also be called Patient and Guest Relations or something along that line. Tell them what happened and they should do an investigation into what happened and will usually try to do what they call service recovery - making it right with the patient. Don't be hysterical but be very factual and bullet point what your complaints are. This is also a time to ask for them to write off or reduce money you owe as they are trying to make things right so you won't sue. If you do not have a good result here then I will help you find out the next place to go.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:59 PM
Response to Reply #18
20. I did that
I spoke with the Social Services administrator and the Nursing administrator. When I finally was able to catch them in their offices because they didn't return my calls, they took my information and never called me back. I've had it. They blew it. I was contacted by mail saying procedures were followed.

The only thing they did do is arrange for mobile meals, which my mother had to do herself. The gave her a phone number and told her to do it herself! My mom said it took her 3 hours to finally dial the right phone number.
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TNDemo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:05 PM
Response to Reply #20
25. Sounds like they don't have a real office of patient affairs. They are the
ones who are supposed to deal with the social worker and nursing administrator and not you. So do you know where to go next?
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:10 PM
Response to Reply #25
29. A poster here sent me links for complaints
I guess that Patient Bill of Rights posted on every wall is just decoration.
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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 08:59 PM
Response to Original message
21. Thanks to Reagan and in large part us as well
Edited on Tue Aug-12-08 09:02 PM by Jake3463
Its very difficult to hold someone if they are not a threat to themselves or others and by threat it means not going to kill themselves or another person. I'm all for the rights of people with mental illness or dementia but the 72 hour hold law in most states needs to be re-evaluated.

We did a very stupid thing and dismantled the mental health system in the 80s instead of improving it and both the liberals and conservatives for different reasons were partners in it.
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Holly_Hobby Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:12 PM
Response to Reply #21
31. My grandfather commited suicide in the early 90's
because he didn't want to be any trouble. They released him to go home too, same hospital. His elderly wife had difficulty caring for him and he just went out to the garage and hung himself.
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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:16 PM
Response to Reply #31
33. I'm so sorry
I don't like the current mental health system. There is no balance in it.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:17 AM
Response to Reply #31
51. I am so sorry. Our health care system is a disaster. It's all about
money.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 11:12 AM
Response to Reply #21
59. No, it DOESN'T need to be re-evaluated.
Back in the bad old days of mental health people were needlessly tossed into institutions "for thier own protection." Many of use now diagnosed with Asperger's Syndrome and other forms of High-Functioning Autism would have been labeled as Schizophrenic and locked up in the crazy house, for example.
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Heddi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:18 PM
Response to Original message
35. I'm confused
You said your mother "signed herself out". If that's the case, if she left on her own accord, then that's called AMA- against medical advice. That means that the staff told her that leaving would cause grave harm or possibly death, and she chose to leave on her own anyway.

If she didn't have the diagnosis of dementia/alzheimers to begin with, then they can't use that (at the time she left) as a reason to deny her the right to leave.

See, if they FORCE her to stay, that's called involuntary imprisonment. You cannot legally hold someone in a hospital against their will unless they are declared incompetent, or are on an involuntary mental health/psychiatry hold.

No matter how goofy she was acting, how little she was able to care for herself, if she was not given a diagnosis of failure to thrive, alzheimers, dementia, or any other condition that would impair judgement, then they have no legal right to keep her, EVEN IF THEY KNOW SHE CANNOT CARE FOR HERSELF.

I am a nurse, and we deal with this at my hospital ALL. THE. TIME. 80% of the patients I care for are homeless, and they come in with major medical problems, ridiculous wounds, etc. And they have no way of doing sterile dressing changes in an alleyway, or doing the things that need to be done for their safety. They may have severe mental health issues as well. But unless they are on involuntary treatment, if they want to leave, they have that right.

Of course, we do everything we can to convince them to stay, but if they are not declared incompetent or involuntary treatment hold, we cannot legally keep them for any reason.

What you need to do is get made power of attorney. That way, if she tries to leave again (and she can leave a nursing home in the same way, by the way), they will HAVE to contact you first. If you're not DPOA then they have no legal basis to call you. However, having you named DPOA is a step towards declaring that she is unable to make her own decisions. The new dx of alzheimers/dementia will go a long way as well.

I know it's frustrating, and I have had the same conversation with countless family members when the same situation happens. Legally, though, we can't keep them unless they have certain diagnoses or are in psychiatric hold. We had one lady that walked out in her underwear and a t-shirt. SHe wouldn't even stay for us to get her a pair of pants and shoes to wear. Obviously, there are mental issues at play with that lady, but even with that being the case, we could not legally detain her, not even to have her put on pants.

The reason for this being so is because of the atrocities that have occured with people who have mental illness, but can still make decisions, or people who have physical disabilities, but can still make decisions. YEars ago, hospitals would keep them against their will, even if the patient had the mental capacity to make the decision to leave. It's imprisionment, and it's illegal, and it really sucks in your case (and in most cases when this happens), but the hospital did not break any laws based on how you're presenting the story.
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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:24 PM
Response to Reply #35
39. The laws the were passed
were a reaction to a very bad state hospital system for mental health. Instead of fixxing the system the left and right decided to close it down. The right because it was a social service and we all know how they feel about those and the left because they saw people being abused in the current system. It was a bad decision. People with untreated mental illness may have the capacity to sign themselves out however, unless they are willing to accept treatment a good portion of them are either going to end up homeless or in jail.

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Heddi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:41 PM
Response to Reply #39
43. for the case of my patients, though,
they're already homeless for the most part. I work at a very large community hospital/level 1 trauma center. 80% are homeless, inmates, poor, immigrants, uninsured, underinsured, underserviced, rape victims, domestic violence victins. The other 20% are there because of trauma, burns, etc.

And just because someone has mental health issues doesn't automatically make them incapable of making their own decisions. Schizophrenia isn't necessarily a deal breaker. Neither is psychosis or depression or any of the other things that people used to be declared incompetent JUST BECAUSE OF THEIR DIAGNOSIS and tied down and kept involuntarily. Hell, 90% of the people I treat have some underlying mental health issue, and they are functioning just fine. Of course, that doesn't mean that there can't be vast improvements made to mental health services in this country, especially those that are aimed at homeless and poor folks. However, my hospital has a pretty good community health network of various clinics -- mental health, obgyn, family medicine, peds, etc. that are no cost for those that need the services. Are they the best? No. But they sure as hell beat 99% of other cities that have NOTHING for these folks.

And what about the folks that don't WANT to accept treatment, but are still functional (even if homeless), but with underlying mental health issues? Do we force treatment on them? Lock them up and force pills down their throat? How is that better than forced institutionalization of the past? Anti psychotic medications and anti depressive medications have some pretty wacky side effects, and people have the right (barring that they are a true threat to themselves or others) to choose not to take the medications if they cannot handle, or don't want to handle the side effects. Or if they don't want to abstain from alcohol. Or if they don't want to get sober off drugs. People, I feel, have the right to make that decision, no matter how deleterious it is to their health.

Whenever I have family members that are upset that we "let" a patient sign out AMA, I ask them "what am I supposed to do to keep them here? Lock them up? Sit on them? Tie them down?" Of course we can do NONE of those things without very strict justification, and trying to leave against medical advice is not one of the reasons that you can justifiably tie someone down.

The lesson in this, I feel, is that if you feel that a family member cannot take care of themselves, then go through the proper channels to have them declared incompetent. If that means they get a court-appointed guardian, or a family-member guardian, then that's what needs to be done. Based on what I've read in the thread, the OP's mother has had a history of being unable to take care of herself, being incontinent of stool and urine. Why didn't she get DPOA or guardianship BEFORE this happened? Even if you live 3,000 miles away, you can still be guardian/DPOA of your incapacatated parent or child or relative. LIving close by makes decision-making easier, but it's not required that they live with you. It just means that legally they can't make their own decisions, so you (or the court, or the woman down the street) is given the rights/responsibility of making decisions in their behalf.


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AllentownJake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:52 PM
Response to Reply #43
45. There is a balance between
Edited on Tue Aug-12-08 09:52 PM by Jake3463
the state hospital system of the past and the current present situation.

Is schizophrenia a deal breaker? No, but if someone is hallucinating they should not be allowed out of a hospital till they either get better through treatment. The hallucinations and the delusions prevent rational thinking.

I'm not talking about people who are depressed. I'm speaking of severe mental illness. Someone who is in the midst of a full manic episode who are bipolar should not be let out of a hospital either.

BTW I'm talking as someone who has a stake in this issue and it isn't because I have a family member involved.
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:38 PM
Response to Reply #35
42. Thanks for the explanation, Heddi.
Everyone should keep in mind that the difference between hospitals and their jobs and abilities, and nursing homes, are dramatic. Hospitals can't and don't keep patients 'forever,' and nursing homes do.

We all have to learn about these things, and among other things learn that NO ONE should be hospitalized and sent to nursing home without an advocate, that is, family members/friends MUST pay constant attention to what's happening, and why.

Thanks again.

This thread should be widely posted, IMO, to inform everyone of these issues.
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Heddi Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:47 PM
Response to Reply #42
44. I just posted above
that when family members call to yell at me (because I'm the one answering the phone, not because I was the one working with their parent) for letting them sign out AMA, I ask "what am I supposed to do to keep them here? Tie them up? Sit on them? Lock their leg to a chair?"??? I mean, if anyone thinks THAT's legal, then I have no further need to talk to them because that's just assinine.

You cannot keep someone against their will, and you SURE as hell can't tie someone up or put them in restraints because they want to leave. There are very very narrow reasons for being able to physically restrain someone

1) behavior : patient is abusive or assaultive, usually psych or drug issues, hurting self and others. Must have 1:1 supervision for the entire time that they are restrained for behavorial reasons

2) Maintenance of therapy: patient is confused, either through disease or drugs, and attempts to remove invasive lines, breathing tubes, IV tubes, etc.

3) Risk of Fall: patient is confused, either through disease or drugs, and is unable to ambulate safely and does not have the cognitive ability to use a call light or call out when they try to get out of bed.

That's it. Per state and I believe federal law, those are the ONLY REASONS you can legally restrain someone. Otherwise, the hospital and the healthcare worker that tied the person up can be, and will be, charged with false imprisionment and a host of other crimes that will cost the hospital shit-tons of money, cost you shit-tons of money, cost you your job, and cost you your license.

Cannot happen. I don't care how feeble grand-ma is, unless we have a medical diagnosis that makes her incapable of making her own decision---no matter how much we KNOW she can't make her own decision---unless it's IN writing AS A DIAGNOSIS BY THE DOCTOR -- we can't keep her there. We can't tie her up to keep her there, and we can't just call people that aren't DPOA's to let them know she's leaving.

As health care professionals, we have very strict and very detailed laws we have to follow. If society, in general, don't like those laws, then the goal is to legislate to have them changed, not blaming the workers for doing what the law didn't just suggest, but MANDATED that they do/not do.
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mnhtnbb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:33 AM
Response to Reply #44
52. Heddi, your post on educating regarding conditions for holding
patients is a good idea. The problem is the defensiveness.

Given the horrendous mess that is our "health care system in this country", the hospital
is the one place where interaction with the family can occur so that a plan to meet
the patient's needs can be developed. Sadly, that is not happening in many places.

Nurses and social workers often end up taking the brunt of the family's anger
that their relative was not treated properly. Hospitals have the opportunity (but may not do so because of funding issues) to work with families to make sure that patients get appropriate treatment
when discharged. Hospitals need to have a network of attorneys on call to deal with competency and guardianship issues. Do they? Some do, most do not.

There is also the distinct possibility that an institution may be covering up inappropriate care.
I am a retired hospital administrator; I know from experience that nursing coverage in many
places is not what it should be because of cost. I would not make the assumption that an impartial review of the care in this situation isn't warranted. It may turn out the hospital did follow
community standards and legal requirements--obviously that wasn't enough.

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snooper2 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 11:06 AM
Response to Reply #44
57. Thank you for your posts...
Always nice to have somebody that knows what they are talking about show up in a thread like this :hi:
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InkAddict Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:55 PM
Response to Reply #35
46. Ohio's failed system(s).
Edited on Tue Aug-12-08 10:25 PM by InkAddict
With either a medical POA or DPOA, you'll have to be proactively alert in her caretaking, especially if the patient often times seems to be quite reasonable and lucid. It's often difficult to make the charge nurses and Unit Clerks understand that the patient has placed their trust in your decision-making. Quality of care etc...often happen at odd hours in hospitals and nursing homes. Develop a good relationship with her doctors so that he/she will support YOUR decisions for care. You must be AVAILABLE almost as if you were the patient.

You're in a tight spot without POA. Even w/POA, a sibling, other disgruntled relatives, or even a fellow patient can press surveillance of how you are doing your job under POA, so be sure to document things carefully. (A female friend at the assisted living place where my FIL lived called and threatened me on the phone if I didn't do such and such and, I suspect, called Protective Services - I can only imagine what FIL said when the electrolytes were weird). BTW, in Ohio, children are FINANCIALLY responsible for the well-being of an elderly parent, demented or not, so if pushed, it doesn't matter if you've signed on their behalf or not. You'll be tapped if push comes to shove. It's buried in ORC somewhere (I'll try to find the code #). I suspect, though, that it's rarely enforced, in cases where the patient is obstinantly "independent" unless there are other disgruntled siblings or second-degree relatives.

http://www.ncpa.org/pub/ba/ba521/

Currently, 30 states have filial responsibility statutes that establish a duty for adult children to care for their indigent elderly parents. When enforced, the statutes can require the adult child to reimburse state programs or institutions that have cared for the indigent parent with either a one-time contribution or installment payments. Today, there is no uniform federal filial responsibility statute, and indeed, it may be difficult to enact one; but if even a few states began to more systematically enforce their laws, their action could help reduce the explosive growth of Medicaid’s long-term care benefit.

Historically, filial responsibility laws have rarely been enforced, and in some states have not been enforced at all. Since the 1960s, federal law has prevented the states from considering the financial responsibility of any individual (except a spouse) in determining the eligibility of an applicant or recipient of Medicaid or other poverty programs. Besides the politically sensitive nature of filial responsibility laws, this is probably the major reason the laws are not uniformly enforced.

Filial Responsibility and the States. U.S. filial responsibility statutes derive from England’s Elizabethan Poor Relief Act of 1601, which required the “father and grandfather and the mother and grandmother, and the children of every poor, blind, lame, and impotent person” to support that individual to the extent they were able. This English system for dealing with the poor and indigent was transplanted to the American colonies. The duty to care for parents is a purely statutorily created duty that does not exist in common law. Until statutes imposed the legal duty, supporting poor family members was considered a moral duty. The moral duty receded as society evolved, family life changed, and government created a variety of federal and state programs to meet the needs of the poor.

http://billretires.blogspot.com/2007/07/look-at-filial-responsibility-laws-in.html

The law is 2919.21 "Non Support or contributing to non-support of dependents.

(A) No person shall abandon, or fail to provide adequate support to:

(3) The person’s aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent’s own support.; (E) It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen, or was mentally or physically handicapped and under age twenty-one. (G)(1) Except as otherwise provided in this division, whoever violates division (A) or (B) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A)(2) or (B) of this section or if the offender has failed to provide support under division (A)(2) or (B) of this section for a total accumulated period of twenty-six weeks out of one hundred four consecutive weeks, whether or not the twenty-six weeks were consecutive, then a violation of division (A)(2) or (B) of this section is a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a felony violation of this section, a violation of division (A)(2) or (B) of this section is a felony of the fourth degree.The link is here. http://codes.ohio.gov/orc/2919.21








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DailyGrind51 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 09:20 PM
Response to Original message
36. Try the Joint Commission for Accreditation of Healthcare Organizations.
Here is their website:http://www.jointcommission.org/AboutUs/ContactUs/

If they find that the hospital was not following "best practice" or providing improper care, they can literally shut down a hospital until they meet compliance.

My late brother used to work for them.
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SheilaT Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 10:54 PM
Response to Original message
48. On Christmas Eve in 1998 my mother fell off a ladder
while putting up Christmas decorations. She probably broke a hip, although it was never confirmed by x-ray. She was in and out of hospitals and rehab facilities for three months, until she died. She kept on being released to go home even though there was no one to take care of her. She was 82 years old, and her only son who lived in the same city was now legally blind from complications of diabetes. Her three daughters and one daughter-in-law tag-teamed each other to take care of her in that time.

It's a classic example of how crappy our health care system is. Some days I'm convinced Mom died because of the health care system, and other days I accept that it was simply her time to go. But like your mom, my mom couldn't take care of herself, couldn't bathe, couldn't cook, couldn't really get out of bed. And they sent her home anyway.

For you, the diagnosis of Alzheimer's is a good thing. It means you can get her in a facility that can deal with Alzheimer's patients.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Aug-12-08 11:29 PM
Response to Original message
50. They consider YOU , her caretaker
"Modern" hospitals are little more than large ERs with more beds.. Once you are conscious and vertical, you are on your own..

They expect "chronic" care and or mental health care to be done and or PAID for by the "family"..

:hug: to you and yours ..it's going to be a bumpy road from here on out..

If your Mom had a paid for house, someplace will gladly accept her once she signs it over, along with every asset she has, and the assignment of her SS , if she gets that..


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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 10:54 AM
Response to Reply #50
55. no they don't either.
They consider the patient her own caretaker - which is why they let her sign herself out. This is not the hospital's fault, as has been stated clearly. The OP did not have power of attorney, so was not entitled to make health care decisions for the patient. I'll not fault the hospital for failing to imprison the patient against her wishes, as some short-sighted knee-jerkers here are doing. Nor will I fault the OP for failing to take on power of attorney for her mother prior to the hospitalization, though that's precisely what she should have done.

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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 11:10 AM
Response to Reply #55
58. By "dumping" the patient, they implicitly dumped her into her family
Hospitals do this all the time... They allowed her to sign herself out, so the hospital would not have to care for or about her.. they dumped her into her family's care.. whether they could provide it or not..
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 11:15 AM
Response to Reply #58
60. nonsense.
They allowed her to sign herself out because to disallow that would have been a criminal act. Unless the hospital had reason to believe that the patient was a danger to herself or others, or if the patient had already designated power of attorney to a health care decision maker, the hospital was OBLIGATED to allow the patient to sign herself out. This is not dumping, which is a whole other topic that should NOT be conflated with hospitals allowing patients to leave of their own free will.

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salguine Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 07:47 AM
Response to Original message
53. 1) First, file grievances with the AMA. 2) Then consult an attorney, preferably an
aggressive one. 3) But, perhaps most helpfully, contact your local TV stations and news outlets, write letters or op-eds to local newspapers, generate as much publicity as possible. If there's one thing our healthcare providers hate more than having to provide healthcare, it's bad publicity. And since virtually nobody likes HMOs or healthcare executives, you might find more people willing to spread this than you think. Make a stink, and make a big one.

In all three steps, name names. Name specific executives and responsible parties in all complaints, letters, stories, op-eds, whatever. Call individuals to account. Make these people feel like you're coming after them personally. You may have to get nasty. It's the only way to make any progress, and your mom deserves every blow you can strike for her.
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Odin2005 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 11:05 AM
Response to Original message
56. The hopsital had no choice, she is her own guardian unless a court says otherwise.
I know you might find this callous, but that is why it should be. It protects people from getting thrown into mental institutions and such unnecessarily as happened in the bad old days. If you don't think she can take care of herself you must go to a judge, You can't blame the hospital because there was nothing they could legally do. This isn't like on the TV show "House MD" where Dr. House pulls BS shenanigans in order to treat people against thier will.
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Dogtown Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-13-08 12:01 PM
Response to Original message
62. Litigate
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-14-08 12:01 AM
Response to Reply #62
63. DON'T
.
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cynatnite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-14-08 12:06 AM
Response to Original message
64. Most hospitals provide someone from social services...
It's to make sure a patient is released to a safe environment and will care for him or herself. In fact, in many hospitals make it a part of admissions in knowing where the patient will go when he or she is released.

It sounds like to me this hospital may not have had those things in place.
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