Follow
Share

Are there mandatory reporting laws on self-neglect when an AMA is signed? 3 times he has gone home from the hostpial and only to come right back needing another toe amputated.  Would the hospital not have a red flag and contact APS (or me for that matter)? Is it negligent that they didn't call me to check just because AMA allowed them to go home to feed his cats? 2 toes, then returned and needed half his foot amputated and requested AMA again, no red flag. Then I couldn't contact or reach him and had to call in a wellness check. He was found unconscious, naked and face down in a pile of trash in a home deemed hazmat zone. He went into septic shock. At no point was I contacted. I didn't even know there was a surgery happening until the foot amputation.  Wasn't the hospital surgeon or nurses required to follow mandatory reporting laws?


This question has been closed for answers. Ask a New Question.
Find Care & Housing
It sounds like you don't live near by. Its your Uncle's responsibility to place you on HIPPA paperwork as someone who can talk to his Drs and is contacted in an emergency. He also needs to inform the hospital there is a POA who can make decisions for him when he can't. If he has told the Hospital there is a POA it will be in his records.

Now your POA. If it is Springing this means its not in effect until Uncle is declared incompetent by one or more doctors. You need to read your POAs to see how they are worded. Immediate means as soon as Uncle signed the paperwork your POA was in effect.

The Hospital is not responsible when a person signs out AMA. From what I understand they do not need to give prescriptions or any kind of help if they leave AMA. And you probably have no way of knowing what he told the discharge person. He could have told them he had a ride home and there was someone there to care for him. No, they don't call anyone to confirm what he says nor do they follow up to make sure there is someone to care for them. People post all the time that a LO has told the Hospital that their child will be there to care for them and they can't. If your Uncle comes across as competent they can send him home.

What I would do is call Hospital discharge and explain ur problem. If your POA is in effect it can be put on file. Ask if your on his HIPPA paperwork see if you can be added if not using ur POA. Ask that when he is admitted or discharged you be called.

As said, they can't contact you if they have no info on you.
Helpful Answer (1)
Report

HIPPA laws are crap in my opinion. As is letting people live in filth like this under the guise of a person being able to.make their own choices. Obviously this person should not be living alone and is mentally ill. Nor should he own any animals. Those poor care. I would get the cats into a shelter and let whatever happens with him happen. I know it sounds awful but honestly he is going to keep losing limbs until there is nothing left for them to amputate. The human bodies sole purpose is survival and you would be surprised how long a person can go on this way without dying. I can only assume talking to him has not been productive either. Stop saving him you are just prolonging his misery here on earth and yours too.
Helpful Answer (0)
Report

If he did not list you as a contact and someone to contact on HIPAA forms they can not give you any information. If he did not provide the information then he is at fault. If he has not provided his doctors or the hospital with POA forms he is at fault.
And if he is cognizant then POA is probably not in effect.
Helpful Answer (0)
Report

From your profile, is the person Larry your uncle? You say you are his PoA. You need to give those documents to his doctors and the hospital, otherwise they have no idea that you are his *legal* representative. They can't just call & talk too you without having these documents in their files.

If you had already given the hospital the documents when you went there, and they still didn't contact you... that's a legal issue for them. But unless you give them the PoA docs, then they are not at fault -- you are.
Helpful Answer (3)
Report

I’m so sorry that you are going through this. I am not sure where the responsibility lies.

Others will chime in and give their opinions on this issue.

I hope that you will find a solution soon.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter