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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100929
Experience:  Lawyer
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My brother and I are in need of some legal advice. My

Customer Question

My brother and I are in need of some legal advice.
My father, Bruce Charles Tuckwell, currently resides in Deltaview Life Enrichment Centre in Delta, BC.
The doctors and social workers refuse to talk to me or deal with me in anyway about his health or careplan. I have done nothing at all to deserve to be left out and they have no real legal right to exclude me however they prefer to not talk to me. Therefore I need to proceed with legal action to get back my rights as a decision maker about his health/careplan. My brother has no say apparently either. The doctors act like he is a piece of their property.
My Dad has become emaciated under the care of Deltaview. He recently fell and broke his hip, although we really don't know what happened. He endured a painful hip surgery only to be discharged by hospital back to his carehome a few days later. I called to see how he was doing and was told he was doing fine.
A week after he was discharged from hospital back to Deltaview I showed up to find my Dad in serious crisis. He was writhing around in pain in his bed. I was told to leave and come back. 2 hours later I went back to find him in still in crisis but they were trying to feed him dinner as if it was normal. He was trying to communicate with me but couldn't speak.
The next day I went back and he was having breathing issues and was in obvious crisis. I was told by the nurse that he was going to die, that nothing could be done for him and that I should say goodbye but not to cry because crying would bother him. Obviously devastated, I spent hours crying and saying goodbye to my Dad. When I asked questions about what he was dying from they couldn't answer.
I put the puzzle together through google search and discovered that he was is septic shock and needed medical attention immediately. The nurse told me that they spoke to my brother and my brother was the one who made the decision to let my Dad die under the M2 Code, where they do nothing to prevent a death.
I called my brother and found out that he had no idea that I was crying and preparing for Dad's death, he also had no idea what the term M2 meant as he had never been asked about the level of intervention that we wanted. He couldn't believe what he was hearing.
Apparently, Dr. Davidson of Deltaview had decided on our behalf that my Dad was disposable and did not deserve to live. Dr. Davidson had written my Dad off to die a horribly painful, slow death of infection. At no time did he ask us, the children, what we wanted for our Dad. Nor did they explain to us what M2 was and what it meant for my Dad. They essentially tried to quietly dispose of my Dad in a long, painful death of septic shock.
At that point I said I was calling 911 and that I would sue every last one of them if he died.
An ambulance arrived in the nick of time as his breathing had stopped a few times. The paramedics were so great, they saved his life. I explained what was happening and one of them showed me the paperwork where it showed the code M2 was selected by the doctor. One of the paramedics told me that if it were him he would sue and he said I should go to the media. They have seen all kinds of horrors going on at care facilities.
My Dad was admitted to Delta Hospital where he was treated with compassion, dignity and great care. They did an excellent job bringing my Dad back to health. The head nurse in the emergency room told me to push to not have him sent back to Deltaview. I agreed. We asked the hospital to have a discussion about it when he was well enough. My Dad made a full recovery but was discharged back to Deltaview without discussion.
As my Dad is now back in the care of Deltaview carehome, we are very scared for his health/safety and we need to get legal action started to protect his rights as well as ours.
I don't know where to start. Where do I begin? What can be done for my Dads rights?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Is your father mentally competent to make decisions about his care or finances?

Did your father appoint anyone under a power of attorney?