Trying to find one reason of many to sue a hospital

[jasonxman]

What is the name of your state (only U.S. law)?
California

My father currently suffered from a severe stroke leaving him expressive aphasia. He has been in this long-term acute hospital for 6 months now and we want to get him out of here because the staff is incompetent.
My father needs to be drained via pleurx drainage kit, but no one has knowledge on how to do so and make me do it. I am just as qualified as any dude on the street. I have to wear sterile gloves, extract the fluid, clean the site, etc... RN's don't know what they're doing and laugh and joke like I'm a surgeon.
This hospital suspects that my dad has an infection and the hospital that put it in said that of all the cases they put in this chest tube, very rarely does an infection occur. I've been doing it for 6 months...
Physical, Occupational, and the Speech therapist stopped working with my dad because they said he "plateaued" and thus, he gets nothing now. They claim stroke patients take years of recovery, yet, they gave up on him saying he wont get any better. But it's ridiculous because they say that he'll get better in years to come. Does that make sense!? They gave "evaluation tests" to make him walk on the first month of a stroke. He failed that and given the state he's in, (he's bedridden) and even after six months, he still can't move his entire right side. So they said based off of the tests 4 months ago, they will not, no matter what re-evaluate him. Awesome!
Out iPad and charger was stolen and received a letter stating that an investigation occurred and nothing came up, cased closed. This is not our fault (I would admit it if it was) because my dad was taking to another hospital for eval prior to discharge and during that time, the staff moved our stuff without our permission, and when I came back to the hospital, no iPad and charger. I made a report to it and the next day, the charger was in my room, but no one knew who put it there. Great investigation!
I slept here on the weekends and visit here every, single, day never missing once. I don't even know where they hire these people and I hope to god we get out of here soon. I spoke with the case manager to setup discharge, but she is dragging her feet. Every doctor said he's good to go, but she's so slow. 2-3 weeks ago they tried pressuring us to get someone to watch my dad at home (which we did) to send us home. Saying administration or insurance was wanting him out. Now they want to keep him. Now I admit on thanksgiving we wanted him out of here, but something came up and I understand fully why he couldn't come home then, but now all doctors say okay, so what's the hold up? I asked her why would the nurse (person who needs to check on my dad at home) not show up on christmas? At one point in our conversation she laughed at me because she probably thought i was being naiive thinking that no home nurse comes on christmas. I mean, they're a business who's whole business model revolves around this exact problem and I told her that she�s telling me this is an issue now? What�s the problem if every single doctor says he�s good to go?
I am so scared because night time staff is so incompetent and so unprofessional that when I request to put a diaper on my dad they look at me like I'm the lowest piece of trash this earth ever produced. I can handle that, but honestly, who wants pee and poop all over a patients body!? The next door neighbor had poop all over his body because he tried move the bed sheet underneath him away because it had poop. He was fully aware and can speak.
I am grateful that they don't slap my dad or force medication to him, but really!? This is America, come on!

There is so much more, but I can't write it all down. I think I'm going to have a stroke.

Please tell me if this is something I can sue them for because I'm honestly so mentally exhausted and I can't take them changing my dad's medication list EVERY DAY without informing me. Do I just have to suck it up, or do I have a case here?

I just want this place to please fix there overstaffed and overworked employee's so at least patients can have the care they deserve.

 

[anearthw]

What do you feel you can successfully sue for? The theft is a non-issue. Hospitals are a beacon for thieves, and that is an unfortunate reality. You can't expect security to prevent all thefts, when valuables are left out. Let it go. You didn't mention your father's age - perhaps they feel, based on their experience, that therapy is not beneficial at this time. This is not uncommon. Getting a "look" when asking about a diaper change is not actionable.

I'm sorry this is happening to your father, but I don't see what has happened in terms of malpractice. It's an overall awful health crisis and a series of disagreement in care options (*this is not necessarily, if ever, malpractice), plus other annoyances (theft, employee attitude) that comes with dealing with hospitals. Can you clarify what lawsuit you think you have?

 

[jasonxman]

What do you feel you can successfully sue for? The theft is a non-issue. Hospitals are a beacon for thieves, and that is an unfortunate reality. You can't expect security to prevent all thefts, when valuables are left out. Let it go. You didn't mention your father's age - perhaps they feel, based on their experience, that therapy is not beneficial at this time. This is not uncommon. Getting a "look" when asking about a diaper change is not actionable.

I'm sorry this is happening to your father, but I don't see what has happened in terms of malpractice. It's an overall awful health crisis and a series of disagreement in care options (*this is not necessarily, if ever, malpractice), plus other annoyances (theft, employee attitude) that comes with dealing with hospitals. Can you clarify what lawsuit you think you have?

Addressing some points:
1. I understand that Hospitals are a beacon for thieves, but the representative said that the hospital is liable for this situation. I honestly don't care, I'm over it, just want to know my options.
2. My father is 55
3. I don't have a lawsuit in mind, just trying to see if I have anything actionable. If not, then that's fine, I'll just suck it up. I just think it's insane that I have to do a RN's job because the staff is not trained for this. As a result of me doing there job, he now has an infection which is preventing him from discharging. Go figure. Also, they change his blood pressure medication almost every day and other medication without letting us know (i come here every day) causing his BP to rise really high. He's on over 5 BP meds. He has formed diabetes since he's been here because they give my dad, in my opinion, apple juice and yogurt every day for six months straight. After repeatedly requesting something else for him to drink (only can have nectar thick), the menu keeps brining apple juice and yogurt (with sugar), forcing me to spend my own money for food because the kitchen is now closed.. Oh yeah, the A/C is broken causing my dad to sweat A LOT and it's like that with almost every room.

Thank you.

 

[Gail in Georgia]

"He has formed diabetes since he's been here because they give my dad, in my opinion, apple juice and yogurt every day for six months straight. "

Your opinion is wrong.

Gail

 

[ecmst12]

Yes, eating yogurt and drinking apple juice every day doesn't cause diabetes. Has he been diagnosed with diabetes or do you just THINK he has it?

 

[Dave1952]

What prevents you and dad from finding a new hospital? It's a hos[ital, not a prison. He may leave.

 

[Proserpina]

"He has formed diabetes since he's been here because they give my dad, in my opinion, apple juice and yogurt every day for six months straight. "

Your opinion is wrong.

Gail

Yours however is absolutely correct.

 

[justalayman]

While your situation is obviously stressful to you, much of what you have posted comes down to incoherent ramblings.


The pleurx system is designed to be a self administrated procedure. That means it is designed so the average joe on the street can use it once they recieve the training. Apparently somebody knows how to use it, they apparently trained you. Is it possible they are simply letting you do it so you are fully capable of doing it at home? Are you saying if you do not show up at the hospital and use it, when it is necessary to use it he is simply ignored?

Not sure about your point about the diaper. What you stated really isn't an issue where redress is proper.

You continue to lament on everything about the hospital but nowhere, not one singie mention of what your father's DOCTOR has told you about your father and his condition. So, what has your father's Doctor told you about your father and what has your father's Doctor said about the treatment you described?

 

[jasonxman]

While your situation is obviously stressful to you, much of what you have posted comes down to incoherent ramblings.


The pleurx system is designed to be a self administrated procedure. That means it is designed so the average joe on the street can use it once they recieve the training. Apparently somebody knows how to use it, they apparently trained you. Is it possible they are simply letting you do it so you are fully capable of doing it at home? Are you saying if you do not show up at the hospital and use it, when it is necessary to use it he is simply ignored?

Not sure about your point about the diaper. What you stated really isn't an issue where redress is proper.

You continue to lament on everything about the hospital but nowhere, not one singie mention of what your father's DOCTOR has told you about your father and his condition. So, what has your father's Doctor told you about your father and what has your father's Doctor said about the treatment you described?

1. I haven't been trained to use the pleurx system, I learned it as I go reading the instruction manual. I have no idea if I'm doing it correctly since now he has an infection in that area now. No other hospital will accept him because of his chest tubes. They said RN's are not properly trained to handle this (then who is? It's apparently extremely easy right? Apparently I'm an idiot because I still stress about doing it every other day). I'm tired of wound care coming because an incompetent nurse rips the tagaderm off leaving him to have a deep scab near his chest tube area. Oh, did I forget to mention if anything happens in that area that requires surgery, my dad wont make it? Yeah, the primary doctor suggested he do it, when many other doctors said he wouldn't make it alive.
2. Are you saying if you do not show up at the hospital and use it, when it is necessary to use it he is simply ignored? - You are correct. They keep asking where am I because no one after 6 months knows what to do.
3. So, what has your father's Doctor told you about your father and what has your father's Doctor said about the treatment you described? - Just said he needs to consult with other doctors and never shows up most of the time. If he does, he doesn't know what's the current status or remembers our last conversation. He had him for 6 months. He didn't even know my dad had a prior stroke until recently. Regarding the chest tube area, he said it's a hospital policy. He said figure it out, tell me what I need to do, and I'll write an order for it. He said no outside agency can come in and do this because of a liability issue.

Anyway, I just wanted to confirm that it's the stress getting to me causing me to incoherently ramble. I have nothing here to sue for and I'm apparently waisting my time. I'm not out for blood so I'm ignoring this thread now.

At least I have my dad alive. Worth the missing of the iPad!

Thanks everyone. Happy Holidays.

 

[jasonxman]

"He has formed diabetes since he's been here because they give my dad, in my opinion, apple juice and yogurt every day for six months straight. "

Your opinion is wrong.

Gail

Thank you for confirming. I don't know anything about this since our family never had diabetes.

 

[jasonxman]

Yes, eating yogurt and drinking apple juice every day doesn't cause diabetes. Has he been diagnosed with diabetes or do you just THINK he has it?

Never been diagnosed with diabetes in his entire life. Only during his stay here did they OFFICIALLY say to me he has diabetes. Usually the kitchen has special meals prepared for him, but they never prepared anything of such.

 

[jasonxman]

What prevents you and dad from finding a new hospital? It's a hos[ital, not a prison. He may leave.

No other place will accept him because of his chest tubes.
They said there staff is not properly trained to handle this. And someone on this forum said any average go can do it, but why are they denying him if it's so easy!?

Whenever I try to see why he can't leave home or go to another hospital they always say you're going to have to go against medical advice, if you send him home you wont have any equipment, insurance wont cover it, and all the doctors have to approve (he has 8).

 

[I'mTheFather]

What is the long-term acute hospital he's in?

 

[jasonxman]

What is the long-term acute hospital he's in?

I'm sure you understand why I will not share this information publicly.

Please PM me and I'll pass the information along.

 

[justalayman]

PleurX® drainage system

Equip your patients to manage effusions and ascites at home

The PleurX® system helps patients manage recurrent pleural effusions and malignant ascites at home. The system includes an indwelling catheter and vacuum bottles that allow patients to drain fluid quickly, effectively and safely. We also provide support for patient education and training.


Google pleurx and you will find a ton of links on the first page from the company that will help you with the pleurx system. If you are being stuck doing it you need to educate yourself as much as possible.




I don't know exactly what type of facility this is so I can't give specific direction so you'll have to do some sleuthing. Find the state regulatory office for the type of facility involved and contact them. If the treatment is as you describe there are myriad rules violations the state should be investigating.