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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My mothe spent time in a rehab/convalescent center after breaking

Customer Question

My mothe spent time in a rehab/convalescent center after breaking her shoulder. She was 92. My Dad recently passed away. He dementia was worsening. I live in California, she lives in Flrida. On her admission note it clearly alerts employees of her "living Will, and "DNR". My brother was in a Florida at the time of her admission and provided them with POA documentation. Legally, the couldn't treat her without us knowing. She has dementia. Her world is out of context with anyone's. When her Hgb dropped to 7.0, the nurse had my mom sign a consent for a blood transfusion. She didn't know what the paper said. She returned and called to tell me she was at a party at the blood cancer doctors office. But, the doctor and social worker at the rehab center swore she understood. They notified me after it was over. My Mom was extremely depressed and wanted to die and be with her husband. That doctor robbed her of that. After 67 yrs of marriage and suddenly you lost your. Best friend, lover, and pray for "the Good Lord to take me". I miss your Dad so much". She was on her way, an illegal act of undermining her legal document "Living Will", and had her sign a consent beyond her comprehension even after explained to her. Of corse she signed it. She trusted them. She had no memory of it 2 hours after it happened. She's still living and still depressed and because she's too healthy to live in a nursing home, she pays $3300/mo rent. She is almost out of money entirely, then what? She would have died of natural causes as she wished for if that blood transfusion had not occurred. It's been 2 years. I need to attempt arbitration to try and get financial aid for not letting her die as requested in her living will, having the consent signed by someone not of sound mind and body, and notifying POA after the procedure took place. I can't let this go.
My fathers story is worse one at a time. Can you help?
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
I am very sorry to learn of this unfortunate case. I would warn against trying to file a civil suit against these providers - "right to life" suits are very difficult to win because the damages aspect is hard to prove (the trend may be changing and you may be able to find a law firm that is willing to take your case, but be prepared to spend a lot of money on the case with a small probability of return).You can however report this as a form of elder abuse. Florida has a fairly aggressive elder abuse protection program and this is a form of elder abuse. You can report this conduct here: