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Updating my fight about POA

Ed1937
Ed1937 Member Posts: 5,084
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I know we have some new members, so I'll briefly explain what this is about. My wife was in the hospital for a suspected TIA, but nothing found. Doctor(s) changed her medication without consulting me, even though I have DPOA, and would not have given the green light for it. And the change could possibly have had an impact on her death. I didn't find out about this for at least 8 days later.

I filed a grievance with the hospital. After several calls with hospital personnel, I received no satisfaction, but I was told someone higher up would call me within the next day. That never happened.

I texted a nephew, who was "trial lawyer of the year" in Indiana. He said he would discuss it with his brother, who is senior partner of the law firm. They are in Indianapolis, so about 150 miles from me. I told him if I didn't hear from him, I would assume he was too busy or our geographical locations were too far apart. I have not heard anymore from him, so I'm guessing they are not interested, or it's too far away.

I'm making a sign to take to the hospital, where anyone who comes in will be able to see it. I already know what will happen. The security guard will tell me to get off the property. At that point I will, but there are three busy streets surrounding the hospital where I can stand with the signs. At this point, they will likely call police, suggesting that I am disrupting traffic. If need be, I'm willing to be arrested. But I'm sure the hospital does not want the negative publicity. I've already told my daughter she might have to bail me out of jail. This is a tactic I used once before, and it got their attention. I'm not quitting. I just want the next person with DPOA to be consulted. I'm not looking for money at this point (it won't bring her back), but if that's what it takes to get their attention, I'm willing to go there. I doubt the hospital would want to put this in the hands of a jury.

Comments

  • Crushed
    Crushed Member Posts: 1,444
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    I hate to tell you this but no hospital I've ever worked with will treat a patient without the authority to make basic medical decisions  as needed  within the context of the general consent to the course of treatment .  

    If you think there was malpractice by all means   contact a qualified malpractice attorney


      

  • terei
    terei Member Posts: 570
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    What do you want to accomplish?  An apology? A promise ‘not to do that again’? A change in their policies?   Money?

    Unless you can show negligence or outright malpractice, I think you are will be better served by   concentrating on living your life after your wife’s death.   She is no longer suffering + I would be thankful for that.    

  • Jo C.
    Jo C. Member Posts: 2,916
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    Dear Ed, I am so very sorry for what happened and well understand your anger and the feelings surrounding what happened; righteously so.

    As someone who has worked with Hospital Admin. in several Med Centers, the signage, and street corner standing will in all probability sadly not have one whit of impact for what you intend.  In this occurrence it was a physician who wrote the medication order who did not contact you; not the med center.  Therefore, it is a possible physician lapse.  Question is; did the MDs know that you wanted to personally be informed and approve of any med adjustments or addition of new meds? 

    If you wish to have attention and review paid to this re lack of notification of yourself or perhaps even to find out if the ordered med may have been or may not been inappropriate under the circumstances, and want to see the dynamic addressed, it would be best to consult an attorney who specializes in medical malpractice.  The attorney will have the entire medical record copied and sent to him/her, and will have a physician consultant/specialist review it as well as your wife's history.  The attorney will then know if there was malpractice or not.

    Your intent is understood for what you wish; but the only outcome from standing with a sign would glean no results and it is results that are important.  Poor practice NOT to be contacted as promised for something so important to the deceased  patient's husband.

    Deep breath, think a bit and then decide whether you want move forward to consult a Medical Malpractice Attorney or not.

    J.

  • dayn2nite2
    dayn2nite2 Member Posts: 1,132
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    If you feel there was malpractice, then file a suit. 

    I can’t remember what the circumstances were when she went to the hospital, but I’m positive they were within their authority to make treatment decisions for her, and no requirement to run that by you first was implied.

    Threats and showboating with signs are bad choices.  Hire an attorney or drop it.

  • Ed1937
    Ed1937 Member Posts: 5,084
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    Crushed wrote:

    I hate to tell you this but no hospital I've ever worked with will treat a patient without the authority to make basic medical decisions  as needed  within the context of the general consent to the course of treatment .  

    They had 8 days to talk to me about it. They never did.


      


  • Ed1937
    Ed1937 Member Posts: 5,084
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    Gonna try to make it quick because I tried twice to reply, and got logged off.

    You're right. I'm gonna give up, as bad as I don't want to. But I still don't think they are doing right by the patient or the caregiver. Caregivers might know of medications that their LO can't take, but the ER doctor doesn't know that. It could even be dangerous for the patient. Rant over.

  • ladyzetta
    ladyzetta Member Posts: 1,028
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    Dear Ed,

    Please take care of yourself, this additional stress is not good for you. Your dear wife is at peace now. So may peace be with you. Hugs Zetta  

  • 60 falcon
    60 falcon Member Posts: 201
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    Ed, I can sort of relate to your feelings and situation though our circumstances and outcome are different.  I think you have every right to be pissed off but I agree with the other replies.

    My situation involved the ER transferring my wife to a hospital 2 1/2 hours away from home without my consent or even a simple courtesy call (not before or even after) to let me know. They had her healthcare POA and knew I am her representative. Nope, I got there and was handed a sticky note with the hospital name and her room number.  

    When our current situation is resolved, I plan to write a letter and leave it at that. My wife is likely days from dieing.

  • Ed1937
    Ed1937 Member Posts: 5,084
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    I'm sorry, falcon.
  • Crushed
    Crushed Member Posts: 1,444
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    Ed1937 wrote:
    Crushed wrote:

    I hate to tell you this but no hospital I've ever worked with will treat a patient without the authority to make basic medical decisions  as needed  within the context of the general consent to the course of treatment .  

    They had 8 days to talk to me about it. They never did.

    And I will say I would not expect them to  Their opinion is that your request is

    s imply not how medicine is practiced


      



  • Rick4407
    Rick4407 Member Posts: 241
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    Ed I think your decision to just let it go is the best one.  I've got several life altering/ending decisions in my family history made by the medical community that were very questionable.  I've let them go.  It's not worth continuing my grief by fighting for events gone by.   It's a very bitter pill to swallow but moving on, I found, was best for me.

    I wish you peace, Rick   

Commonly Used Abbreviations


DH = Dear Husband
DW= Dear Wife, Darling Wife
LO = Loved One
ES = Early Stage
EO = Early Onset
FTD = Frontotemporal Dementia
VD = Vascular Dementia
MC = Memory Care
AL = Assisted Living
POA = Power of Attorney
Read more