I have Power of Attorney for my mother. Would a lawyer take this case?

This is not a legal case. Don't waste your time trying to get lawyers on board to sue for nothing. Focus instead on getting your mom into a better rehab facility.

What sort of "Assisted Living center" takes elders straight out of the hospital? You are likely referring to a Skilled Nursing facility your mom was sent to for rehab purposes after the hospital. If so, find her a new SNF you like better after visiting it. Ask the admissions office to help you get mom transferred there from where she's at now. They will call Medicare and get the transfer approved, and then likely pick mom up and transport her there. You have to let the current facility know she will be leaving. That's what I did when the rehab SNF was a total dump....I picked it myself from a list the hospital gave me, w/o checking it out myself beforehand. It supposedly had a 5 star "Medicare rating" which would be laughable if it wasn't so pathetic. Hurry up bc she gets 20 days which begins from day ONE in the dump and does not restart when she transfers.

What sort of medical treatment do you feel mother needs if she was discharged from the hospital? There's not always a definitive or cut and dried reason as to why hemoglobin numbers drop. If you are sure a biopsy wasn't done, it could be the hospital discharged her with orders to have one done on an out patient basis which happens frequently.

Each time my parents were hospitalized, I was there daily to speak with the doctors and get all my questions answered. Especially on discharge day for instructions and meeting them at the rehab facility. Advocacy is so very important so we don't find ourselves in the position you're in right now.

A hospital has an obligation to treat the patient only, not to satisfy the needs or wants of the patient's POA. You can call an attorney who works on contingency to see if you have a case.......for what? Malpractice? I seriously doubt it but you never know.

No you don't if your mother is not diagnosed and adjudged INCOMPETENT.
Until incompetence in her own behalf is a given and documents and diagnosed a POA means nothing. We remain in charge of our own decisions and of working with discharge planners and doctors and hospitals UNLESS AND UNTIL we are judged incompetent.

To bring a case means there was DAMAGE. How was your mother damaged and how can you prove that damage would not have occurred if a biopsy was done at once.

How did Mom get to the hospital without her MPOA knowing? At what point did you get notified Mom was hospitalized, and by who--your Mom or her Doc or the hospital? Are you discussing this case with the MD? Do you all relevant information? Was there damage done by a discharge? Is there PROOF that damage was done and will a doctor testify to it?

Unless ALL OF THAT is in your briefcase you should stop treading water and now pay attention to what needs to be done step by step getting yourself registered as POA and MPOA in your mother's stead if your mother wishes it, or is incompetent, and finding a new rehab or nursing facility.

You certainly are welcome to consult a lawyer, but as Handel of the Law says when he gives out his "marginal legal advice", this is where I tell you you have no case.

Now down to the IMPORTANT matters.
How is Mom doing?
Did Mom need blood and if so how many units?
Where is Mom bleeding from and what do they wish to biopsy?
How old is Mom?
Is Mom judged incompetent?
Was Mom living alone or in care? Where was she living? Who was her caregiver?

Good luck. I hope things medically are going better at this point and I hope you'll update us.

If Medicare is paying for Moms Rehab, you can do what I did. I told them there was no money after the initial 20days Medicare pays 100%. Mom was only in Rehab to get her strength back after a 4 day stay in the hospital. She was released on day 18.

Can you explain further? How she went from the hospital to AL? I would think that she would have been transferred to rehab.

If you mother is of sound mind, your POA has no bearing as she is able to make decisions on her own.

Would a lawyer take this case? I doubt it. There is no money involved or anything to sue for.

In every case that would be the last resort not the first path to follow. She can release herself if she is in rehab and wants to go home, or you can switch her to another one. It is done on a regular basis for one reason or another.

Slow down don't panic, this can be resolved. JoAnn29 has given you a starting point.

No, I very much doubt that a lawyer would take this case without a fee, or probably at all. Lawyers take winnable cases without upfront fees on the basis that they will recoup their fees from the winnings, and their fees are normally higher than if they were paid upfront. Medical negligence cases are hard to win, particularly against larger organisations like hospitals.

If you were to get it into court, your damages would reflect what you had done since the ‘negligence’ occurred. If you haven’t done anything to get your mother into a better facility, it more or less shows that you didn’t see it as a big problem, hence very limited damages. Damages reflect losses, they are not intended as a ‘punishment’.

Focus on helping your mother, not on money or your anger at what you think went wrong. Margaret

What do you mean by assisted living? Usually when released from a hospital Rehab is suggested. If Medicare is paying the bill she is in Rehab. If Mom is considered competent, ur POA is not in effect. She is capable of making her own decisions. Mom had to have signed something to be transferred.

Assisted Living means a private residence facility. No hospital has the authority to transfer a patient to one of these. They would need to know how Mom stands financially. The AL would have to except Mom as a resident. This means she has a small studio type room.

Then there is Long-term care. Some call it a Nursing Home or Skilled Nursing. Where I live Rehab is attached to these places, usually a separate wing. A hospital, again, can recommend Rehab but they have no authority to place Mom in Longterm care. Again, they have no idea what Moms finances are.

My opinion, Mom is in Rehab with Medicare paying. 100% the first 20 days and 21 to 100 50%. If Mom does not like it there, then find a Rehab you like and have her transferred. Just realize that her 20days do not start over, just continue. If possible to have Mom sent home, then ask that she be discharged. She is not a prisoner. Rehab is a choice, not a have to.

Ur profile says Mom has cancer. This could be why her hemoglobin is low. Does she not see a cancer doctor? He should be able to get info from the hospital. If you are having problems getting Mom released, it could be that they need to know someone will be with her 24/7. You going to need to tell them that and may need to prove her home or where she is going it set up for her care. You can call your State Ombudsman for help.

Is Moms cancer terminal? If so, you can have Hospice set up in her home or someone elses. Then you tell the facility you are placing Mom on Hospice and taking her home. Be aware, someone may need to be with Mom 24/7. If once you get her home, you don't like Hospice, you can cancel it.

If you're going to call an elder law attorney the question you should be asking is "Why, if I am the PoA and they have record of it, did this happen and now why don't I have the authority to remove her and get her sent to a different place of our own choosing?"

Is it possible that your PoA is not actually active because the activating criteria hasn't been met? Does your Mother have a medical diagnosis in her records of cognitive incapacity?

Never mind suing them... find out the answer to this question so that you can be an effective PoA right now.

You may be able to get somewhere by 1) calling the original hospital's ombudsman, or 2) calling the current assisted living ombudsman and file a complaint that your mother was dumped.

3) Did you call the discharge nurse at the original hospital?
How long ago was this?
Were there any other family members involved that could have known about the transfer?

4) Call mother's primary insurance company and explain she is not being treated for her illness and was dumped. File a verbal grievance (yes, they take it over the phone) and ask for a referral a.s.a.p., as this cannot wait.

I would call #4 first.
But do #5 first.

5) I agree with Barb, to call 911 and send her to a good hospital.

I would call 911 and have her taken to another hospital.