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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My father had throat cancer 20+ years ago. .. Resulting in

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My father had throat cancer 20+ years ago. .. Resulting in needing the aid of a voice protheses to enable speech. This silicon valve Sits in TEP trachea & ESOP preventing aspiration as one way valve that allows air in In relation to file no: 60040
Mr Noel Bowman
Dear members of the Tribunal and all other related Persons,
Today I, Miss Kristy Bowman Guardian and full time Carer of my Father Mr Noel Patrick Bowman am requesting an adjournment of this hearing as I need to seek legal representation due to the complexity of this special case.
It concerns me more importantly why my guardianship is even being disputed when the the opposed have not even followed nor obeyed this legislation nor gained my consent as his Guardian with any medical treatment or should I say mistreatment.
In relation to my fathers Voice protheses being removed whilst at Gosford Hospital, wed 31st march.
It's legislated is a basic human right to communication.. Yet how and why can a speech pathologist .. Remove his voice protheses . When it was working and just needed a replacement ..
They have forced immediate aspiration .. Which has certainly jeprodised my fathers health and well being ..
Now he can no longer communicate verbally. Thus has lead to his care needs to increase. For example he is now suffering forms of incontinence as he was unable to advise staff verbally that he wanted to use the bathroom nor did he know where it was whist in hospital at Gosford til 4th April then went to JHH- till 11th April.
His incontinence has improved since returning back at home on 11th April
Fortunately enough as his daughter I am still able to communicate with him via lip reading , sign and facial expressions & other means. Therefore his care needs can be met plus he is in his familiar surroundings.
I had no choice but too remove my father from Gosford Hospital to save his life. As they would not have him safely transferred via Ambulance to gain a 2nd opinion as it felt to me, they weren't competent nor knowledgeable of what they were attempting to achieve ..
As I expressed my concerns about his safety and his quality of life - as removing his only means of communication was only going to cause him to be more frustrated, agitated and thus dependant on others to preform his (ADLs.)
I requested to the staff at Gosford Hospital & uniting Care staff (home nursing services ) for seeking a second opinion at the John Hunter Hospital (which I am entitled too) as I had my doubts as dad was admitted due to reflux of food coming out his nose when he was eating due to gastric acid pressures & or difficulty swallowing as to their proposed treatment of removal of the voice protheses wasn't going to eliminate those 2 issues -
As a voice protheses is designed to prevent aspiration. Which removing it immediately made my father Noel to aspirate.
Laryngectomy patients have very low aspirations rates... Therefore the chances of aspiration are actually more lower in larry patients, due to the 2 different channels .. Oesophagus(food) & trachea (lungs food ) join via VP yet Ben has not had issues with VP ..
So why remove a working VP?? To increase the ability to aspirate . Serious potential risks to my father .. Which it has caused.. He has lost so many functions ..
I asked for VP or a valve (occluding ) that I purchased $300+ From Main medical too be put in place of the catheter that was put in with the attempt of closing the fistula ... To stop him from further aspirating.
We swallow approx 900 times per day - (FOOD & SALIVA ) whilst catheter in situ these secretions were leaking thru and around the catheter from his oesophagus into his trachea into his lungs (ASPIRATION)
-even 1mL of saliva x900x7days = 4.5L of fluid on his lungs ..
Hence why I had to get him out of Gosford and take him to JHH- refer to picture upon leaving Gosford hospital. Green discharge oozing out of hole in throat .
Yet Rebecca the Speech pathologist refused . Therefore I wrote HELP On his discharge form from Gosford hospital and had him admitted at John Hunter Hospital.
My Guardianship order was not respected nor followed as consent was not given for the sedation for my father whilst at Wyong Hospital 18/4/16
My father is currently back at My (our) home with myself and my Mother (his x-wife) where it is safe and more importantly familiar to him. Therefore he can adapt to his surroundings, he knows where things are, he can still view his very large Television (hospital TV too small for him to view). Also he is comfortable and he can still have some independence and his care needs can be met safely with out the need of sedation.
I also have photographic evidence of his care needs not being met whilst in hospital . I can forward these pictures to you on your request for the reasons of adjournment today.
Ended up in fav for PG to be appointed .. Due to family dispute . Since Public Guardian has been in place my father has not been stimulated mentally or physically ..
This is massive breech of duty of care , and communication rights . UN influences their policies and procedures , yet now they allow the public guardian to surgical close fistula . Yet apparently he has no other means of learning capabilities - hence why I shouldn't of been remove as his guardian .. My father & I should of been protected by the laws & current legislation we were all bounded by. Yet the system has not protected my father & I from unfair treatment and breeches of the policies as human rights and disBility discrimination .. Causing further inability & disabilities .
Thanks Kristy
esoph to speak ... He had some swallowing difficulties & reflux
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

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