Have Legal Questions? Ask a Lawyer Now.
Thank you for your question. Please permit me to assist you this afternoon.To answer your question directly, under the hospital does not have to find a close location for the patient, they can leave that research to the patient and Healthcare proxy. While they can take the proxy's statements under advisement, the hospital is still free to make the best choice they see for the medical needs of the patient so long as the conditions of the proxy are not violated. In essence the patient or the proxy cannot compel the hospital to send them to a specific location, the hospital is permitted to send them where there is space, but nothing stops the proxy herself from contacting local homes, obtaining information on the space, and then informing the hospital on where to send the patient once a space is obtained.Good luck.
so basically the hospital has the right to send her to any nursing home in the state of Massachusetts? with out regard to how it will affect her personally, psycho socially, economically? As I understood it the hospital has to give patient choices and let them atleast determine if its an acceptable facility? no?
Thank you for your follow-up, Barbara.The hospital has the right to pick a reasonable location, but the hospital owes the patient no duty pertaining to their personal, psychological, social, or economic needs--they do have to work with the patient but they aren't caretakers of those obligations, those are the obligations of the guardian and the healthcare proxy who can choose to refuse to be transferred to an unreasonable location. The hospital cannot transfer someone without their consent unless it is for emergency purposes or when the patient cannot consent. The hospital can provide options but if the options are unacceptable to the patient, the patient herself or the proxy would need to research and find more acceptable solutions.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).