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I took care of my father for the last 2 years of his life. I was medicine power of attorney. He got sick and had to be admitted to the hospital the last 2 weeks. The last week the hospital wouldn't let me see my father. They said because my sister was power of attorney on file there. I took them my copy and they let me see him thar day. But they stopped letting me see him the last week with no explanation. I stood in the waiting room crying and begging every day. And nothing. Can I take legal action? I an messed up beyond repair because of this. What can I do?

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There's another possibility arising from the contagion issue, and it's that your father wasn't in either a physical or mental condition for visitors. Was your sister visiting during the last week? If not, then I would think his situation dictated that no one could visit. If that wasn't the case, did you go down to the administrator's office and ask for intervention, and/or ask why your sister could visit but you couldn't?

It's unfortunately too late to do anything now, but for peace of mind, you could still contract the administrator's office, or you could hire an attorney for the sole purpose of getting his hospital records, as I'm sure any order to bar you would be in the records.

I take it that you and your sister aren't on speaking terms?

Honestly, if you're considering legal action, don't. It wouldn't be easy to find someone to represent you b/c the "damages" wouldn't be that lucrative, unless some attorney is really desperate, and then you'd end up paying for potentially no results at all, unless the attorney merely obtained records.
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As Garden Artist said, the damages aren't substantial enough to sue the hospital. You have to be able to put a price tag on how much you were damaged and justify it as well. Then your attorney gets 40% of whatever you might get.

Trust me, it isn't worth the years of agony dealing with the court system for what may be a minimal payout at best.
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Tjaries1 Jul 2022
I don't even want money. I don't know what I want. I wake my wife up every night screaming for my dad and my health is deteriorating and I'm only 39. I already suffer from PTSD , I have since I was 15, and have been taking medication for that and severe depression since I was 15 also. I fight every day for this to not be the last straw and I'm barely hanging on. My apologies for saying all that. I'm dizzy from the pain that my father thinks I abandoned him and left him in the hospital to die. I have several brothers and sisters and they all wanted to put him in a home, but I couldn't do it. He was a sheriff, a marine, and a champion bullrider, and he was scared by himself at the end. And I have no reason why. Thank you for letting me get that off my chest.
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You grief must feel incomprehensible, but your father would want you to remember his as joyfully and calmly as you can.

When the first awful pain has softened a bit, you may find that there are facts that you’ll be able to access that will give you a different way of seeing this tragic loss.

No matter how casually the effects of the recent pandemic have been regarded by some, it can be a ferocious disease and in some areas, decisions were made quickly and abruptly.

Staffing shortages because of sick staff members made communications even more difficult than usual.

At this moment your anger and despair may need the help of a compassionate counselor, so that you’re not feeling so alone as you look for the answers to your “why” questions.

Can you start a search for someone trained in grief counseling, perhaps through a church or university or public health agency?

Hoping for you.
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Clairesmum Jul 2022
hospice programs also run bereavement support groups, even if your loved one did not die under their care.
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There are two reasons that I can think of why a hospital would refuse a child access to a patient at end-of-life.

#1 Infection Prevention and Control.
#2 Patient's Best Interests.

In the first, they would have explained (though of course that doesn't mean that an upset person would have been in any fit state to take in the explanation).

In the second, if for example there were an emergency protection order in place, they might not be able to explain for reasons of confidentiality, right down to explaining that an EPO was in place. They might not be able to say zip about it.

I can't offhand think of any other reasons.

I'm very sorry for what happened and for how upset you must be. I can't imagine what legal action, against whom, could help put it right, though. When did your father pass away?
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Tjaries1 Jul 2022
July 19th of last year. I really appreciate the response. You are right legal action won't do anything for me and I am not going to purse any now. All the enlightening responses by everyone have made me see that and my dad would want me to try to heal and not let this fester as long as it has. Thank you so much, everyone who took the time to respond. You all have literally saved my life and gave me hope I couldn't previously see. God bless you all from myself and my family.
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Talk to a lawyer. It's not about you recovering damages due to the hospital's stunningly incompetent office staff.
You had the necessary paperwork and are immediate family. No one had any legal authority to prevent you from seeing your father.
It's not about the money. It's about making the hospital take responsibility and answer for themselves. I totally understand why you would want this. Talk to a lawyer.
In the meantime, your father has gone to his reward. He is beyond all pain and suffering.
Maybe joining a bereavement group will help you get some peace because talking to others who are suffering the same way. Continue taking your medications and going to therapy.
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Tjaries1 Jul 2022
Thank you so much for the kind words. I will get the records and then take the next step that I feel is right in my heart, and I just started therapy 2 days ago, which gave me the motivation to put this nightmare out there. All I can hope for at this point is for karma to take the wheel.
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July 19th last year - it really does seem as if this was an infection control issue, then. I'm so sorry. It's no consolation but you and your family are among the hundreds of thousands (if not millions) worldwide who were blocked from rites of family passage that virtually every culture takes for granted - being together at birth, marriages, times of crisis and illness, and the end of loved ones' lives.

Your sister's having POA was neither here nor there, then; unless the hospital needed her to nominate the one or two family members who would be allowed in to be with your father at the end. How hard did they try to contact her? Not very, by the sound of it.

I still don't see how the pursuit of damages would help, but it might be that there is a protest group near you demanding an enquiry into what went on in those awful years, and an acknowledgement of mistakes made and hardships experienced. Why not see if others have been left feeling the same?
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JoAnn29 Jul 2022
July of last year in the States there were facilities still in lock down. One day they may allow visitors the next not so much. Depended on is someone had contracted it in the facility. Vaccinations had just started and limited starting with the elderly and those with health problems. We received our first shot May our second June and we had waited to make sure of side effects. Booster Jan of this year. Second we were do for in June but contracted COVID so now have to wait.
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Call some lawyers and see what they say if you really want to know.
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Tjaries1 Jul 2022
Thank you so much for responding. I truly appreciate it.
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To everyone thank you so much for the much much needed insight. When I find out the reason (after I get the records) and I will find out, I will let everyone know. God bless you all and thank you for literally saving my life by giving me much needed perspective.
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If you believe your sister, than the hospital staff have no idea what a POA means. That POA on the screen means there is a contact. Thats it. Actually, you as his Medical POA/Medical directive, has more say then your sister if her POA is only financial. You are the one that they should be calling because you have the paper with Dads wishes. What he wants or doesn't want. Did they keep others from visiting him? Did sister call and tell the DON that there was no reason to restrict you from seeing Dad.

Its a little late now. Think you need to just let it go. I am so sorry.
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Tjaries, be sure that the subpoena duces tecum includes the words "any and all" and "including but not limited to". That prevents an "accidental" slip of not copying all records.
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