Can a nursing home legally refuse to allow a resident to return to the nursing home for 48 hours after a chemotherapy session?

Mar 5, 2011

I don't know what his contract agreement says when you sign at his admission but, if his care is more than they can handle or his behavior put himself or others in danger yes, they can do that. I am pretty sure they have a reason behind you just need to find out what.

Helpful Answer (1)

linament99

Mar 7, 2011

Can you get a Drs order, concerning the need to return to the facility?
It should come from the Chemo Dr. or the Dr. in charge of his case at the nursing facility. Is this a private pay or Medicare funded patient.?

Jaye

Mar 7, 2011

I would say that they should have specific staff care for the pt and take the precautions needed... however it is hard to know what their thinking is. Can your loved one stay in the hospital for a short time??? take care

guestshopadmin

Mar 7, 2011

Nursing home thinking: LIABILITY. Depending on the stage of cancer and the type of chemo, the NH is (I am sure) concerned about the level of care required to make sure there is not a negative side-effect or reaction to the chemotherapy. Chemotherapy is a poison that kills cancer, but it can wreak havoc on the body systems. Many nursing homes are not set up as intensive care, and they don't want the responsibility if something happens and the patient can't get to the hospital fast enough. You may have to investigate getting chemo done as in-patient at hospital in future based on this - you might check with discharge staff where the chemo was done and see if this is common practice. I was not allowed to leave hospital after a bone scan due to levels of radiation given for the scan. Everything is liability with medical care these days because they never know who'll sue.
Helen

blubabe52889

Mar 7, 2011

Well after the chemo session the hospital refused to keep him and the nursing home said he couldn't come back for 48hrs so he ended up going home and he passed away the next day.

guestshopadmin

Mar 8, 2011

I am so sorry to hear about the outcome. My thoughts go out to you.
I don't know the laws in your state - you may be able to file a complaint with the agency that licenses nursing homes in your area. Depending on the diagnosis, staging and official cause of death, there may not be anything else to do. But it may also help someone else later in terms of having the nursing home and hospital policies reviewed.
Helen

Helpful Answer (1)

bobO

Mar 8, 2011

NO! You are paying for this care. They move into rehab mode at the home. What are you supposed to do for 2 days? That is ridiculous. Not the most sensitive home. I have never heard of this. At the very least they can move them into the nursing facility. They have a responsibility to take care of this person. Check your contract. If this isn't written into it, screw them.
Sorry.

Jennie

Mar 11, 2011

I'm sorry to hear about your loss, but this sounds like you have grounds for a lawsuit. If the person was in too bad a condition to go back to the nursing home, then they belonged in the hospital. And if they were so fragile that they passed away the next day, then , once again, they belonged in the hospital! And if the hospital refused to let them stay when they needed to...shame on them!!!