if a person living in a aldult foster home is told by his doctor that he needs skill nursing carebut that he could stay in his present home until arangement could be made for nursing home or if he were to stop dialysis he could remain there under hospice care. The family made a appointment with staff for friday. On thursday he had to admitted to hospital to un plug dialysis port. family wanted to wait until friday to talk patient to see if he wanted to go to nursing home or go on hospice care. staff overrode this by calling his county case worker who call was given approval for him to go too hosptial that day. she also orded staff to call a nursing home. the next day the hospital wanted to discharge him back to foster home but they refused to take him back saying per his doctor order he could not come back unless he goes on hospice. was his medical rights violated?mondy
Country relating to Question: United States
State (if USA): Minnesota
made complaints to state agencies
Thank you for the post, I am happy to assist you by answering your questions. Whom pays for the adult foster care?
the state medicade insurance program paid.
Thank you, XXXXX XXXXX medical rights were not violated as his care is subject to the direction of his attending physician whom advised that his condition necessitates that he be placed on hospice. Please correct me if I misunderstand this fact or if the doctor did not provide this order however as it could change my answer.
no the doctor did not write an order for him to go on hospice he was given a choice if he wanted to give up dialysis or other wise he had to go to a nursing home. at any rate his legal guardian have the right to make that decsion base on his wishes but the gurdian never had a chance to talk with him before the matter was taken out of her hands. by foster home and county case worker. He had fallen three time that week and i was told that they did not have the staff to care for him. until that time he had no thought of stopping dialysis. Because of history aggressive behavor he not nurse home would take him. The doctors at the hosptial said he was well enough to to home. but the only way he could go was to be discharge to hospice. so he did he died. about six days later.
Thank you Annie, I am very sorry to learn of his passing. Your supplemental information offers additional guidance. His rights may have very well been violated, as his guardian was not consulted to learn of and consider his wishes. It really boils down to exactly what the physician stated with respect to his health care needs. In any event, you should strongly consider consulting a personal injury attorney to discuss the viability of a suit. Please let me know if you have any follow up questions.
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