• Report: #1152986

Complaint Review: Mather Hospital

  • Submitted: Sat, June 07, 2014
  • Updated: Tue, July 15, 2014

  • Reported By: Frank — Selden New York
Mather Hospital
Port Jefferson, New York USA

Mather Hospital Hospitals duty to report confirmed elder abuse, a lifesaver Port Jefferson New York

*Author of original report: Carbon Monoxide Death

*Author of original report: Results of Deviation of Acceptable Practice

*Author of original report: Cancer Pain

*Author of original report: Side Effets Of Vicodin

*Author of original report: Denial of Pain Medication is Abuse

*Author of original report: Mather Hospital No New Health Care Proxy Document

*Author of original report: Mather Hospital Libel for 90 Year Olds Death Due to New York Health Care Proxy Law

*General Comment: interesting...

*Author of original report: Mather Hospital Deviation from Acceptable Practice

*Author of original report: Mather Hospital Libel for 90 Year Olds Death Due to New York Health Care Proxy Law

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Hospitals Duty to Report “Confirmed Elder Abuse”,

A Lifesaver.

 Although other “Assessment Indicators” of Elder Abuse were present simultaneously and documented such as, Restriction of Visitation/ Calls, Sudden Change in Living Arrangements, Sudden Change in Proxy Document and Sudden Change in Behavioral and Physical Condition.  The Documented “Abrupt Discontinuance of Pain Medication” in itself confirms the Diagnosis of Abuse.  

 Confirming the Diagnosis of Elder Abuse is made by the Documentation of Abruptly Discontinued “Pain Medications”.

 “Under treatment of pain equals elder abuse.” Chronic Neuroimmune Disease 1/13/13 

“Under utilization of prescription drugs” is a sign of physical abuse. (National Centers on the Elder Abuse Administration on Aging).

“Denial of Pain Medication is Elder Abuse”, Elder Abuse, the Pharmacist’s Role, Center on Elder Abuse.org,

“Denying Access to Pain Medication”, Elder Abuse, Center on Excellence on Elder Abuse & Neglect,

“Denying access to pain medication is physical abuse”, Laura Mosqueda, M.D., Director of Geriatrics, University of California, Irvine School of Medicine.

Documenting the Knowledge of Pain Medications being Abruptly Discontinued.

 “At home are vitamin D, Valium, Remeron, vitamin B12, Tylenol, and Keppra.  The patient apparently was also on high dose of vicodin, which she has been abruptly discontinued for the last three days.” (Mather Hospital, Consultation Report”, dated 1/30/13, page 1, heading Medications.)

 Mather Hospital Documenting the Medically Unsupervised Discontinuation of Pain and other Medications.

 The patient has not recently seen a physician…” (Physician Documentation, 1/30/13, HPI, 15:35)

 AARP United healthcare Summary March 15, 2013, page 3 of 7, corroborates the accuracy of Mather Hospital’s knowledge that the “patient has not recently seen a physician” from the admission date 1/13/13, while taking all documented medications, till the admission date 1/30/13, when Vicodin, Levothyroxine, Lopressor, Celexa, Lovanox and Prednisone was discontinued.(Mather Hospital Nurse’s Notes, 1/13/13, page 1, Home Meds, Mather Hospital Physician Documentation, 1/30/13, page 1, Home Meds)

United Healthcare reports in it’s summary only 2 physician claims for this time period. Mather Hospital “ER Visit”, 1/13/13, #30572-803264-1, Doctor Services $2,532.19, and a Mather Hospital “Doctor Care in Hospital”, 2/1/13,  #30582-426166-1, $199.00

 “Confirming the Diagnosis” by Utilizing the “Direct Questioning” Method.

 (Elder Abuse an Introduction for the Clinicians, Dr. Ronald A. Chez, Center on Elder Abuse . org)

Are you or have you been threatened or abused?”  The patient replied YES! (Mather Hospital Admission Profile, 1/30/13, page 6 under Self-Perception.)

Mather Hospital’s Policy Regarding Mandatory Reporting in Conduct and Compliance Manual

In Overview, Introduction, Page 2, B. “The importance of the compliance program moreover, compliance with state and federal rules and regulations is essential because of our potential civil or even criminal liability if we were found to have violated the applicable standards.”

Page 6, III section ,“Standards Related to Quality of Care”, DMandatory Reporting. “The hospital will ensure that all incidents and events that are required to be reported under federal and state mandatory reporting laws, rules and regulations are reported in a timely manner”.

Section D continued, Page 7, “The compliance officer or his designee will validate that appropriate systems are in place for identifying and reporting incidents that require reporting. “The compliance officer will conduct periodic reviews to monitor the hospital’s compliance with such requirements in connection with, but not limited to, the following”: #3, “Elder Abuse”.

 

WHY DISCONTINUING PAIN MEDICATION IS ABUSE!

 Patient’s Pain, Suspected Multiple Myeloma

Mather Hospital PhysiciansRecommendation/Plan: An 85-yar-old lady with past medical history of seizures and anemia secondary to chronic kidney disease who presents with an acute DVT. I will perform a hypercoagulable workup, as she does have a family history of DVT’S“however, she has Bence Jones protein suspicious for multiple myeloma.”( David Chu, Northshore Hematology/ Oncology Associates, Recommendation/ Plan, 1/23/12, page 3.) “Immunofixation, urine. Bence Jones Protein Positive Lamba Type.” (Joseph P. Boglia, M.D., P.C.)

 Patient Pain of Suspected Multiple Myeloma

Memorial Sloan Kettering Cancer Center

Multiple Myeloma:

Pain Management

“A majority of patients with multiple myeloma report that they experience some pain related to the disease. The pain may be a result of a bone fracture or of a tumor pressing against a nerve.”

Treatment of Multiple Myeloma Pain

Memorial Sloan Kettering Cancer Center

Multiple Myeloma:

Pain Management

“Analgesics, or pain relievers, remain the mainstay of bone pain treatment.                                     The strongest analgesics, called opioids or narcotics, are often prescribed to    control pain in myeloma patients. The most commonly prescribed drugs are    codeine, morphine, and morphine-like synthetic compounds.”

Medical Supervision; Universally Recognized Protocol for Discontinuing Vicodin not Recognized.

 “You should never try to quit taking Vicodin on your own; reduction of the medication and detoxification must be supervised by a doctor. Addiction experts and clinicians recommend a gradual reduction of the medication, as sudden cessation can trigger severe withdrawal symptoms.”

“Withdrawal symptoms usually start within a day or two of stopping the medication”.

© 2014 Addiction Vicodin. All Rights Reserved. Home | XML Site Map | RSS  

Get Off Hydrocodone (Not Cold Turkey)

“Clinical experts prefer it that you don’t get off hydrocodone cold turkey. They feel that withdrawal doesn’t have to be a painful and debilitating process. Instead, you can slowly lower hydrocodone doses over time to lower risk of severe symptoms of withdrawal. Always check with your prescribing doctor and ask for a hydrocodone tapering schedule when coming off hydrocodone. Tapered hydrocodone doses should be medically supervised in the case that tweaking and adjustments are required. In general, some guidelines for getting off hydrocodone include”:

1. A 2 to 3 week hydrocodone tapering regimen should be adequate in most cases

2. Reduce the hydrocodone dose by 10% at each interval

3. Reduce the hydrocodone dose by 20% every 3-5 days

4. Reduce the hydrocodone dose by 25% per week

5. Avoid reducing the daily dose by > 50% at any given interval

Painful Symptoms of Vicodin Withdrawal.

Stopping Hydrocodone Cold Turkey Risks

“Stopping hydrocodone cold turkey can be a unpredictable process. While opiates are known to provoke general symptoms during withdrawal, the fact remains that everybody is different. And depending on your current mental and physical health, stopping hydrocodone cold turkey can be more or less successful. The possible ricks you run quitting hydrocodone suddenly includes the following:”

  • coma
  • confusion
  • erratic and uncontrollable moods
  • hallucinations
  • increased heart rate/blood pressure
  • relapse do to inability to handle pain
  • seizures

tremors

Mayo Clinic Proceedings

Volume 81, Issue 6 , Pages 825-828, June 2006

“Broken Heart Syndrome” After Separation (From OxyContin)

“People who abruptly discontinue opiods may experience “Broken Heart Syndrome” increasing their risk of cardiac event. “Though most Broken Heart Syndrome patients regain full cardiac function some die and others suffer life-threatening complications.” (Mayo Clinics June issue of the Mayo Clinic Proceedings)

 “Broken Heart Syndrome” Can Result From Opioid Withdrawal, Cocaine Use

Heart Disease news • Jun 22, 2006

 

“People who experience abrupt withdrawal from high-dose opioids or use cocaine increase their risk of cardiac event, according to two new studies published in the June issue of Mayo Clinic Proceedings”.

“Patients may experience shortness of breath and chest pain and, upon hospital admission, go through extensive tests to determine a diagnosis and rule out heart attack.”

Mather Hospital Documentation of Patients Symptoms Associated with Pain Medication Withdrawal.

“Chest pain… the pain radiates down left arm…Pertinant positives:shortness of breath. Modifying factors: The Symptoms are alleviated by nothing. The symptoms are aggravated by nothing. The patient has not experienced similar symptoms in the past. The patient has not recently seen a physician…” (Physician Documentation, 1/30/13, HPI, 15:35) “Back and Bilateral Extremity discomfort” ( Mather Hospital “Nursing Progress Note” dated 2/2/13 03:54, page 2)

Anxiety” (Mather Hospital Nursing Assessment, dated 1/30/13, page 5),

 “Difficulty Falling Asleep”(Mather Hospital Nursing Assessment, 1/30/13

Withdrawal Symptoms of Other Medications that Mather Hospital had Documented to have been Discontinued at Home without Medical Supervision.

Are There Side Effects When You Stop Taking Metoprolol?

Last Updated: Mar 24, 2011 | By Kitsey Canaan, RN, CLNC

“Abrupt withdrawal from metoprolol may cause heart disease to get worse”.

Chest Pain “According to the FDA, patients who suddenly stopped metoprolol have experienced increases in chest pain.”

Prednisone, If you abruptly stop taking the drug or taper off too quickly, you might experience prednisone withdrawal symptoms: Severe fatigue, Weakness, Body aches, Joint pain”. (Prednisone withdrawal: Why do I need to slowly taper down the dosage? Answers from April Chang-Miller, M.D.)

“Withdrawal of the levothyroxine would also lead to increased depression and anxiety among the patients.” (MD health.com)

“Stopping citalopram abruptly may result in one or more of the following withdrawal symptoms: irritability, nausea, feeling dizzy, vomiting, nightmares, headache, and/or paresthesias.”

(Celexa ® (citalopram) - NAMI: National Alliance on Mental ...

“You feel like you have theflu, or a stomach bug, or perhaps you find it hard to think and have disturbing thoughts.” You’re probably having antidepressant withdrawal.

“Antidepressant withdrawal, more correctly called antidepressant discontinuation syndrome, refers to a unique set of symptoms that can develop after you stop taking an antidepressant. It most often occurs in those who abruptly quit the medication”. (WebMD.com)

LOVENOX® helps reduce the risk of deep vein thrombosis

“Do not stop taking LOVENOX® without first talking to the doctor who prescribed it for you”.

Mayo Clinic Proceedings

Volume 81, Issue 6 , Pages 825-828, June 2006

“Broken Heart Syndrome” After Separation (From OxyContin)

People who abruptly discontinue opiods may experience “Broken Heart Syndrome” increasing their risk of cardiac event. “Though most Broken Heart Syndrome patients regain full cardiac function some die and others suffer life-threatening complications.” (Mayo Clinics June issue of the Mayo Clinic Proceedings)

 

“Broken Heart Syndrome” Can Result From Opioid Withdrawal, Cocaine Use

Heart Disease news • Jun 22, 2006 People who experience abrupt withdrawal from high-dose opioids or use cocaine increase their risk of cardiac event, according to two new studies published in the June issue of Mayo Clinic Proceedings.

The findings shed light on “broken heart syndrome,” a still somewhat uncommon disorder first described in Japan 15 years ago that mimics a heart attack. Patients may experience shortness of breath and chest pain and, upon hospital admission, go through extensive tests to determine a diagnosis and rule out heart attack.

Other Symptoms:

  •   Fatigue. Fatigue and tiredness are prevalent in Vicodin withdrawal. It doesn’t seem to matter how much you rest or sleep, you will still experience a low energy level.
  •       Headache. Vicodin is used for pain management, so when its use is stopped, a common reaction in the brain is severe headache.
  •       Emotional distress. As your body is searching for a new normal without the control of Vicodin, you may experience symptoms such as frustration, depression, rapid heartbeat and muscle jerking.
  •       Psychological reactions. Panic, anxiety, insomnia, paranoia, hyperactivity and a feeling of helplessness are possible with Vicodin withdrawal.
  •       Physical signs. Vomiting, diarrhea, abdominal cramps, excessive sweating, dilated pupils, runny nose, body chills and loss of appetite are common signs of Vicodin withdrawal.

Mather Hospital Documentation of Patients Symptoms Associated with All Medication’s Withdrawal and Rebound Effects .

“Chest Pain, Shortness of Breath” (Mather Hospital “Discharge Summary”, dated 1/30/13, page 1),Pain Radiating down left arm” (Mather Hospital Nurse’s Notes, dated 1/30/13, page 1).  She was admitted and later experienced “Depression” (Mather Hospital “Discharge Summary”, dated 1/30/13, page 1, “Back and Bilateral Extremity discomfort” ( Mather Hospital “Nursing Progress Note” dated 2/2/13 03:54, page 2)

Anxiety” (Mather Hospital Nursing Assessment, dated 1/30/13, page 5),

 “Difficulty Falling Asleep”(Mather Hospital Nursing Assessment, 1/30/13), Loss of appetite, “Did not eat” (Mather Hospital Nursing Assessment, page 20, 1/30/13).] “Awake, Alert and Oriented X 3”, (Mather Hospital Discharge Summary, 2/1/13, under Neurological, Mather Hospital Physician Documentation, 1/30/13,  page 2,`under NEURO, Alert GCS 15, (Mather Hospital Physician Notes, 1/30/13,  page 2, under Neuro), “Unresponsive”, (Mather Hospital Nursing Assessment, 2/9/13, page , under Coping,/Observed Emotional State. 2/10/13 09:00), Non Verbal”, (Mather Hospital Nursing Assessment, page 3 & 4, under Coping/ Verbalized Emotional State), “Semi Comatose” (Mather Hospital Nursing Assessment, page 7, Cognitive/Perceptual/Neuro under level of consciousness, 2/12/13) “Disoriented x 4” (Mather Hospital Nursing Assessment, page 7, Cognitive/Perception/Neuro under Orientation). in 8 days, “Deceased” 3 days later ( Death Certificate 2/12/13).

Symptoms Presented And Withdrawal Symptoms, the Same.

“When the dots are so numerous it creates a solid line, connecting them is no longer required, just the vision to know it exists”,                 

Other Assessment Indicators

“Assessment Indicator, Denial of Medical Care”.

Denial of Medical Care- (Elder Abuse an Introduction for the Clinician, Slide Presentation, Center on Elder Abuse.org.)

 Requesting no “vital signs” being taken, “defers blood work and diagnostic work-ups” (Physician Documentation, 2/9/13, page 1)

 “HCP states she does not want anything done to patient no labs, work up or anything that will “disturb” her( Nurses Notes, 2/9/13, 20:10, page 1 and 2 under assessment).

“resistant to obtaining pt’s vital signs, I explained need for assessing vital signs and rationale for same”(Nursing Progress Note, 2/10/13, 12:33, page 1).

“declined a full body assessment” (Nurses Notes, 2/9/13. page 2)

“Patient was not given aspirin… states patient no longer takes medications”. (Mather Hospital, Physician Documentation, 2/9/13, 21:08, page 2).

“Assessment Indicator,  Sudden Physical and Behavioral Changes.”

Physical and Behavioral Changes- (National Center on Elder Abuse Website: Physical Abuse. American Society on Aging, Recognizing the Behavioral Signs of Elder Abuse.)

 (Elder Abuse an Introduction for the Clinicians, Dr. Ronald A. Chez, Center on Elder Abuse . org) 

“Chest Pain,  Shortness of Breath” (“Discharge Summary”, dated 1/30/13, page 1),Pain Radiating down left arm” ( Nurse’s Notes, dated 1/30/13, page 1).  She was admitted and later experienced “Depression” (“Discharge Summary”, dated 1/30/13, page 1, “Back and Bilateral Extremity discomfort” ( “Nursing Progress Note” dated 2/2/13 03:54, page 2),Anxiety” (Nursing Assessment, dated 1/30/13, page 5),

 “Difficulty Falling Asleep”(Nursing Assessment, 1/30/13), Loss of appetite, “Did not eat” (Nursing Assessment, page 20, 1/30/13).]

 “Awake, Alert and Oriented X 3”, (Discharge Summary, 2/1/13, under Neurological Physician Documentation, 1/30/13,  page 2,`under NEURO, Alert GCS 15, (Physician Notes, 1/30/13,  page 2, under Neuro), “Unresponsive”, ( Nursing Assessment, 2/9/13, page , under Coping,/Observed Emotional State. 2/10/13 09:00), Non Verbal”, (Nursing Assessment, page 3 & 4, under Coping/ Verbalized Emotional State), “Semi Comatose” (Nursing Assessment, page 7, Cognitive/Perceptual/Neuro under level of consciousness, 2/12/13) “Disoriented x 4” (Nursing Assessment, page 7, Cognitive/Perception/Neuro under Orientation). in 8 days, “Deceased” 3 days later ( Death Certificate 2/12/13).]

 

“Assessment Indicator, Under Utilization of Prescription Medications.”

 

“Under Utilization of Prescription Medications”- Elder Abuse, The Pharmacist’s Role, Center on Elder Abuse.org.

(Elder Abuse an Introduction for the Clinicians, Dr. Ronald A. Chez, Center on Elder Abuse . org) 

Mather Hospital, “Nurses Notes”, 1/13/13, page 1, under “Home Meds”hospital staff document the patient as taking; Keppra, Vicodin, Lopressor, Remeron, Valium, Amitiza, Prednisone and Levothyroxine. Mather Hospital “Physicians Documentation”,  1/30/13, under “Home Meds”, Hospital staff documented;Valium, Remeron, Keppra. Mather Hospital “Admission Reconciliation”, dated 1/30/13 at 18:15, under “Home Medications”, Keppra, Remeron and ValiumMather Hospital “Admission Reconciliation”, 2/9/13, 5:15:46 AM hospital staff document Valium.

“Patient was not given aspirin because daughter states patient no longer takes medications”. (Physician Documentation, 2/9/13, 21:08, page 2).

“Assessment Indicator, Sudden Change in Living Arrangements

 (Elder Abuse an Introduction for the Clinicians, Dr. Ronald A. Chez, Center on Elder Abuse . org) Sudden Changes in Living Arrangements- (Adult Meducation, Dimension 1, Social and Economic Factors, Elder Abuse).

Further, she advised your mother resided with her, which you do not dispute”, Mather Hospital Letter, Maryanne B. Gordon, Administrative Director, 7/17/13, page 1.  (Same Address that she was exposed to Carbon Monoxide, undiagnosed, untreated at Mather Hospital.)

“Assessment Indicator”, Restricting Visitors and Calls.

(Elder Abuse an Introduction for the Clinicians, Dr. Ronald A. Chez, Center on Elder Abuse . org)

“The intentional prevention of the elder from receiving telephone “calls or visitors”, California Advocates for Nursing Home Reform, “What is Elder Abuse”, “The caretaker may refuse visitors or not allow the elder to be alone with visitors”, American Society on Aging, Recognizing the Behavioral Signs of Elder Abuse.

Confirming this issue, Hospital staff utilize the “Direct Questioning” Method and ask; “Does anyone try to keep you from having / contacting other friends or doing things outside the home?” My mother replied YES! (Mather Hospital Admission Profile, 1/30/13, page 6 under Self-Perception.)

 “Assessment Indicator, Sudden Change in Proxy Document”

(Elder Abuse an Introduction for the Clinicians, Dr. Ronald A. Chez, Center on Elder Abuse . org) Sudden Change or False Claim of a Change in Health Care Proxy, Power of Attorney(American College of OBGYN, Committee Option # 568, 713- Elder Abuse and Womens Health)

 “Complaint: You were your Mother’s Health Care Proxy effective 2007 and were denied the right to act as her proxy agent during her final hospitalization.” (Mather Hospital Letter, Maryanne B. Gordon, Administrative Director, 7/17/13, page 1.)

On 1/13/13 Mather Hospital Staff Document, “Patient has a Health Care Proxy. Name of Health Care Proxy; Frank Amato” ( Mather Hospital Nurse’s Notes, 1/13/13, page 1, under Historical)

 Response: “Your documentation about you acting as your mother’s Proxy Agent since 2010 at another hospital is thus irrelevant to this current complaint. Your sister advised the staff upon your mother’s final admission (2/9/13) that she was your mother’s Health Care Proxy and provided a copy of the proxy document, which revoked and superseded her prior proxy.” (Mather Hospital Letter, Maryanne B. Gordon, Administrative Director, 7/17/13, page 1.) 

Plausible Deniability and Contradiction to New York Law

When I made the inquiry in my complaint regarding the legitimacy of a “New” Health Care Proxy Agent, Mather Hospital’s Administrative Director, Maryanne B. Gordon, letter, 7/17/13, stated: ”Further hospitals do not routinely maintain copies of proxy documents for patients when they are executed, because patients often revoke and/or change agents over the course of time as circumstances change”.

New York State Consolidated Laws Public Health S 2984, Providers Obligations” 1: Requires a “Healthcare Provider who is provided with a health care proxy shall arrange for the proxy or a copy to be inserted in the principals record”.

As with the Quantum Physics Law “that two particles of matter cannot occupy the same location at the same time”,

The appropriate response at this time would have been for the Administrative Director to ask, is the “Abrupt” Denial of Pain Medication for Multiple Myeloma and Prescription Drugs, in the known absence of Medical Supervision, acceptable conduct of a Health Care Proxy Agent that Mather Hospital should recognize, enable and endorse?

Mandatory Reporting Benefits

Mather Hospital did not document in the records I have been given, that they diagnosed or treated my mother’s Carbon Monoxide Exposure. Records however show the contrary (Requesting no “vital signs” being taken, “defers blood work and diagnostic work-ups” (Physician Documentation, 2/9/13, page 1)“HCP states she does not want anything done to patient no labs, work up or anything that will “disturb” her( Nurses Notes, 2/9/13, 20:10, page 1 and 2 under assessment).“resistant to obtaining pt’s vital signs, I explained need for assessing vital signs and rationale for same”(Nursing Progress Note, 2/10/13, 12:33, page 1). “declined a full body assessment” (Nurses Notes, 2/9/13. page 2)

In addition Carbon Monoxide Exposure was not listed on the Certificate of Death as a contributing cause. In the Certificate of Death, 2/12/13, Natalya Titakeuko certifies the immediate “Cause of Death” as “Cardio Pulmonary Arrest” due to or as a consequence of: “Coronary Artery Disease, COPD, Dementia and Failure to Thrive”.

Carbon Monoxide Exposure Confirmed

My mother resided at the exact same residence at the exact same time as the 4 individuals who were exposed to Carbon Monoxide, diagnosed and treated for poisoning at Mather Hospital. Additionally the family residing directly above my mother was likewise diagnosed, treated and hospitalized for Carbon Monoxide Poisoning.

Confirmation of the address can be done by examining the records of individuals Hospitalized at Mather Hospital for Carbon Monoxide Poisoning, 2/7-9/13. Confirmation of my mothers residence is found in a Mather Hospital letter dated 7/17/13, where the Hospital Administrative Director Maryanne B. Gordon, states: “Further, she advised your mother resided with her, which you do not dispute”. 

Port Jefferson Volunteer Ambulance Corps. Invoice, 2/11/13, for services rendered for my mothers transport to Mather Hospital on 2/9/13, confirms this address as well as the Certificate of Death.

In contrast to reporting confirmed Elder Abuse, Mather Hospital instead communicated the following: “We were entitled to accept in good faith the request of the proxy agent and your mother to implement appropriate visitation restrictions in order to provide your mother with a calm and safe environment”. (Mather Hospital Administrative Director, Maryanne B. Gordon, letter, 7/17/13)

Remember it is the “End Which Unjustified the Means”

The Center for Advocacy for the Rights and Interests of the Elderly (CARE), in solidarity, conferred the following statement to me,  ”We wish you luck and fortitude in advocating for the rights of older adults”.

“Those who fail to learn the lessons of history are doomed to repeat them”. George Santayana

 


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Updates & Rebuttals

#1 Author of original report

Carbon Monoxide Death

AUTHOR: - ()

The lawsuit case that was sited is very similar to the 90 year olds death. Her aid collapsed, others family members vomited, could'nt walk, were taken to Mather Hospital ER, diagnosed, hospitalized and treated for carbon monoxide poisoning. The Mather case however is more neglegent in that carbon monoxide poisoning was a recent rare event for the ER. Even if the last name of the daughter and the 90 year old being the same and the address of all parties including a family above were the same as the 90 year olds, was neglected to have been noticed, the hospital, with the recent disproportionate influx of carbon monoxide poisoning should have prompted them of doing their job. Ironically the 90 year olds and the case sited both died on February 12th.   

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#2 Author of original report

Results of Deviation of Acceptable Practice

AUTHOR: - ()

Personal Injury Litigation

Pennsylvania - New Jersey - New York - Nationwide

 

By Jon Campisi
6/1/2011

Jury awards $1.87 million in carbon monoxide death

A Philadelphia Common Pleas Court jury awarded a hefty judgment to the estate of a woman who died from carbon monoxide poisoning four years ago.

The jury returned a verdict in the plaintiff’s favor May 24 in the amount of $1,869,449, according to court documents and the plaintiff’s attorney.

The verdict came about a week after jury selection and arguments began.

The jury trial, which was overseen by Common Pleas Court Judge Patricia A. McInerney, involved a medical malpractice lawsuit filed in January 2009 by Philadelphia attorneys Thomas R. Kline, Andrew S. Youman and Michael A. Trunk, of the law firm Kline & Specter, on behalf of Jemal Shatemirov, the son of Koulnara Chrol, who died on Feb. 12, 2007.

Chrol’s death was attributed to carbon monoxide poisoning, according to a copy of the lawsuit, which had named as defendants Temple University Health System, Inc., Jeanes Hospital and two emergency room care physicians who the plaintiff alleged failed to diagnose his mother’s condition during the two times she was admitted to the hospital in the weeks preceding her death.

Before the case went to trial, one of the doctors originally named in the lawsuit, Mark Ulitsky, was dismissed as a defendant by the plaintiffs, attorney Trunk said by phone.

The only two defendants remaining when the case went to trial were Jeanes Hospital and doctor Dana Mark Weber.

According to the complaint, Chrol had been admitted to Jeanes Hospital’s emergency department by ambulance on Jan. 22, 2007 after complaining of headaches accompanied by nausea, vomiting and dizziness. Emergency room physicians diagnosed her with a migraine, the lawsuit stated.

Two days later, Shatemirov, Chrol’s son, was also admitted to the hospital with the same symptoms, the suit stated. He was evaluated by doctors, who focused on his stomach problems, but “failed to recognize the significance of the complaints of headache” in both he and his mother during her prior visit.

The lawsuit faulted the doctors for not recognizing that carbon monoxide exposure was a possible cause of Chrol and Shatemirov’s respective headaches.

Chrol was re-admitted to the emergency room on Jan. 26, and once again, doctors failed to rule out carbon monoxide exposure as a possible cause of the symptoms, the suit stated.

Four days later, emergency responders were called to Chrol’s home for a report of unresponsive persons. Upon arrival, EMS workers discovered Chrol’s husband and another son, Bartosh Chrol, dead of “classic signs” of carbon monoxide poisoning, the suit stated.

Chrol herself was found unresponsive and required breathing assistance, according to the complaint. She was taken to Elkins Park Hospital where she remained in a coma until her death on Feb. 12.

The lawsuit had accused the defendants of negligence, corporate negligence and wrongful death.

“They didn’t do a very simple test,” Trunk, during a phone interview June 1, said of the doctors. “It’s very fast, its very inexpensive and it’s a very objective, determinative test.”

Chrol, 44, who was an employee of Jeanes Hospital at the time of her death, could have learned the cause of her symptoms early on if doctors had administered testing to rule out carbon monoxide, Trunk said. Instead, she and her family members succumbed to the gas, which was being emitted into their home through a clogged chimney.

Trunk said he and his co-counsel were pleased with the outcome of the verdict.

“We’re very happy for our client,” he said. “The jury understood the facts and they understood what the hospital’s responsibilities were and what the doctor’s responsibility was. We’re obviously very pleased.”

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#3 Author of original report

Cancer Pain

AUTHOR: Frank - ()

The constipation you site as a side effect is true, that is why why my Mother was on Amatiza 1 capsule BID, Citrical and 8 glasses of luke water while under my care. I prevented this issue by finely grinding my mothers medications, mixing in preheated applesause, and giving it after a meal and or a boost. The prednisone, levothyroxine, lopressor, Lovanox and celexa however do not cause gastro intestinal side effects if taken properly and they were also abruptley discontinued as well, causing inevitable Cardiac and Neurological Withdrawal and Rebound Symptoms. Hydration, Nutrition and Oxygen as  was denied my mother at Mather Hospital after her Carbon Monoxide Exposure. The discontinuing of medications may have been out of ignorance, however the hospital's lack of knowledge of the severe side effects is negligent.

Section 6714 of the Education Law: When a Veterinarian reasonably and in good faith suspects that a companion animal's injury, illness or condition is the result of animal cruelty, the veterinarian may report the incident or disclose records to the police, SPCA or any other appropriate government agency”.

Section 353 - Failure to provide proper sustenance (This is the section used most often when investigating cruelty): “A person who whether belonging to himself or to another or deprives any animal of necessary sustenance, food or drink, or procures or permits any animal to any act of cruelty to any animal, or any act tending to produce such cruelty is guilty of a misdemeanor.”   

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#2 Author of original report

Denial of Pain Medication is Abuse

AUTHOR: Frank - ()

Melissa Kaplan's
Chronic Neuroimmune Diseases
Information on CFS, FM, MCS, Lyme Disease, Thyroid, and more...
Last updated January 1, 2014
Ground-Breaking Jury Verdict Awards $1.5 Million Undertreatment of Pain Equals Elder Abuse
 
 
California Jury sends a message of accountability to health care providers Alameda County California
Press Release Contact: Claire Simons 503-221-9556
Today a jury issued a ruling that will forever change the way healthcare providers view the legal significance of effective pain care for the terminally ill. "The message of this verdict is that the American public is no longer willing to tolerate such flagrant disregard of suffering," said Barbara Coombs Lee, President of Compassion in Dying Federation.
The case called Bergman v. Eden involved care provided to William Bergman, an 85-year-old Californian dying of lung cancer. Mr. Bergman was admitted to Eden Medical Center in Northern California on February 16, 1998, complaining of intolerable pain. He spent five days in the hospital, where he was treated by Dr. Wing Chin, an internal medicine specialist.
Nurses charted pain levels ranging from 7-10, with 10 points being the worst pain imaginable. Mr. Bergman was discharged to die at home, still in agony. His family ultimately consulted another physician who prescribed proper pain medication and Mr. Bergman finally obtained relief. He died in hospice care on Feb. 24, 1998.
"This is an important victory for advocates of pain care. Physicians have under treated pain for a very long time with no accountability," said Kathryn Tucker, Director of Legal Affairs for Compassion in Dying Federation. "Today's verdict is a wake up call."
Lead Trial Counsel, James Geagan, said "Medical experts testified that there were numerous serious deviations from Standards of Conduct. They called Dr. Chin's conduct "amazingly reckless" and "inexcusable."
"This outcome encourages all providers to pay attention to their patient's pain and treat it appropriately. If they don't know, they must become educated," said Barbara Coombs Lee. "The verdict empowers patients to insist that physicians treat pain and other symptoms at the end of life.
Beverly Bergman, daughter of William Bergman, contacted Compassion In Dying, a non-profit organization dedicated to improving care and expanding choices at the end of life. "Today's verdict will never change the excruciating pain my father endured, but I hope that no other patient will have to suffer needlessly as my father did," she said.
Compassion in Dying Federation encourages patients to be knowledgeable and assertive consumers of medical services. If appropriate pain management is not provided, patients can and should complain to the nurses and physicians.
This case would not have been possible with out the generous devotion of time and resources by the firm of Brayton Purcell, Novato, Calif.
  FOR JOURNALISTS:
  Barbara Coombs Lee, President CIDF - 502-221-9556
  Kathryn Tucker, Director of Legal Affairs - 206-367-2134
  Ben Rich, Professor of Bioethics, UC Davis School of Medicine - 916-734-6010
 
 
Doctor found reckless for not relieving pain
$1.5 million jury verdict for family of cancer patient who went home to Hayward to die 
Matthew Yi, San Francisco Chronicle, Thursday, June 13, 2001
In a trial that became a forum for the debate over how pain is treated in American medicine, an Alameda County jury yesterday found that an internist committed elder abuse and reckless negligence by not giving enough pain medication to a Hayward man dying of cancer.
The jury awarded the man's family $1.5 million in general damages. But jurors did not find that Dr. Wing Chin, a doctor at Eden Medical Center in Castro Valley, had acted with malice or had intentionally caused emotional distress, so there was no award of punitive damages.
The case is a major victory for patients' rights advocates who argue that many doctors don't treat pain adequately, said Barbara Coombs Lee, president of Compassion in Dying, a Portland advocacy group that provided legal assistance for the lawsuit.
"It's a good day for us," she said yesterday. "This case was against all odds. . . . This is a precedent-setting case because, to our knowledge, never before has under-treating pain been defined as elder abuse."
Beverly Bergman, 45, the daughter of retired railroad detective William Bergman, who died in 1998, said she was happy with the outcome.
"We're very grateful that the jury worked so hard," she said. "It'll send a message to the medical community that they cannot under-medicate without consequences."
After the verdict, Chin simply shook his head when a reporter asked for a response, and then was whisked away by his attorney, Bob Slattery.
Slattery later said he was disappointed by the jury's decision. "We're reconsidering our options on the appeal," he said.
Eden Medical Center spokeswoman Cassandra Phelps also called the verdict "disappointing."
"Dr. Chin has devoted his entire career to caring for patients, many of whom are seniors," Phelps said. "It is difficult for those who know and work with him to accept the verdict."
In order for the Bergman family to win the case, they had to prove not only negligence by Chin, which is usually enough in a malpractice suit, but reckless negligence.
On their fourth day of deliberations, six men and six women decided 9-3 that there were elder abuse and recklessness, while deadlocking 8-4 on the questions of malice and emotional distress. In a civil case, at least nine jurors must agree to reach a decision.
The verdict will have lasting effects on pain treatment, doctors say.
"It worries me because the message is, you're damned if you do and you're damned if you don't," said Dr. Scott Fishman, who heads the University of California at Davis Medical Center's division of pain medicine.
For years, most doctors have erred on the side of under-medicating for fear of legal ramifications from potential addiction to pain killers, he said.
"This case is going to say to (doctors), that it's going to be a risk not treating pain," Fishman said.
Dr. Steven Pantilat, who teaches at the University of California at San Francisco's medical school, said although doctors will now face pressure from both sides, there's plenty of room in the middle to relieve pain for patients safely.
"It can be done. It can be challenging in some cases, but it's a practice that should be well in the scope of a physician's practice," he said.
William Bergman, who suffered from lung cancer, was admitted to Eden Medical Center in early 1998.
The lawsuit alleged that Chin was reckless in not prescribing strong enough medication for Bergman, who complained of severe back pain.
Bergman stayed at the hospital for six days as nurses charted his pain on a 1-to-10 scale, 10 being the worst. A report rated his pain consistently in the 7-to-10 range and on the day he was discharged, because he wanted to go home to die, his pain was at level 10.
He died at home Feb. 24.
Bergman's family filed a complaint with the California Medical Board, which took no action against Chin because it did not find "clear and convincing evidence of a violation of the Medical Practice Act," board spokeswoman Candis Cohen said earlier.
Although the board's medical consultant concluded that the hospital's pain management was inadequate, Cohen said not every error a physician makes rises to the level where the board could take disciplinary action.
Cohen refused to comment yesterday on the verdict.
The jurors, who had been deliberating since Friday, said the debate was intense, with arguments often escalating into shouting matches.
"It was a very tough case for all of us," said jury foreman Carlos Clavel, 33, of San Lorenzo. "Some of us didn't feel Dr. Chin was negligent. . . . Some of us felt he used treatment based on his best judgment."
Another juror said that after hearing the evidence, it was obvious that the charges were legitimate.
"I felt the evidence was clear and convincing," said Sherrie Graston, 36, of Fremont. "Part of treating a patient is to treat pain."
The verdict fuels the fire for state Assemblywoman Dion Aroner, D-Berkeley, who authored a bill that would require all California doctors to take a pain management course.
Chronicle staff writer Ray Delgado contributed to this report.
 
 
Elder-abuse verdict challenges physicians on pain: Doctors must balance relief against addiction
Matthew Yi, San Francisco Chronicle, June 15, 2001
A landmark verdict of elder abuse against an East Bay internist for not giving enough painkillers to a dying man has grabbed the attention of physicians already under pressure to make treatment decisions based on subjective evidence.
"How do you define a satisfactory amount of (pain) medication?" said Berkeley pain specialist Dr. Michael H. Park. "When (the patient) says it's OK? If the patient says I don't feel OK, do you just simply give more?"
Treating pain, he said, is a fine art that combines what the patient says he feels with the doctor's medical knowledge and past experience. Treatment isn't something that should be dictated by fears of malpractice lawsuits, he said.
"I think it's dangerous for (lawyers and courts) to decide what doctors need to do," said Park, who has been practicing for a decade.
An Alameda County jury on Wednesday found Dr. Wing Chin committed elder abuse and reckless negligence for not giving enough pain medication to lung cancer patient William Bergman, 85, who was admitted to Eden Medical Center in Castro Valley in February 1998. He died later that month at his home in Hayward.
The jury also awarded $1.5 million to the Bergman family, although state law puts a cap of $250,000 on pain and suffering damages, attorneys on both sides said yesterday. Alameda County Superior Court Judge David E. Hunter is expected to rule on the final figure later this month.
The family also sued Eden, but the hospital settled the case earlier. Part of the settlement included pain training for its doctors.
Dr. Jeffrey Randall, president of the hospital's medical staff, said yesterday he's unsure how the ruling will affect pain treatment at Eden.
"I think it's too soon to know what the long-term ramification is going to be," he said. "But I think it's worrisome that something like this can happen to someone of Dr. Chin's caliber. . . . He's well regarded by his colleagues, and he's treated many physicians and their families."
However, the message of the verdict is clear, said Dr. Russell Portenoy, former president of the American Pain Society and head of the pain management department of Beth Israel Medical Center in New York.
"It begins to create the reality of (punishment) . . . for physicians who don't respond to patients who have severe pain," Portenoy said.
In the past, most doctors erred on the side of undermedication, fearing malpractice suits from possible addiction to painkillers, leading some physicians to be too lax about pain treatment, he said.
In fact, structured guidelines on pain management are relatively new and still evolving.
The Joint Commission on Accreditation of Healthcare Organizations, which accredits most hospitals and nursing homes in the United States, just this year incorporated standards for pain management, Portenoy said.
The number of state medical boards that have explicit guidelines on treating pain is growing but still in the minority, said David Joranson, director of the Pain and Policy Studies Group at the University of Wisconsin's Comprehensive Cancer Center.
His research group recently came up with pain management guidelines, which have been adopted by medical boards in 15 states.
"We had 11 workshops around the country on the subject, and it led to an unprecedented increase in the number of state boards coming up with guidelines on pain management," he said. .
NOT HERE
But California isn't one of them. That's because the Golden State's medical board instituted its own rules in 1994. Three years later, the state Legislature also passed the Pain Patient's Bill of Rights, allowing patients to ask for painkillers of their choice.
This year, the state Assembly approved a bill, which is now in the Senate, that would require doctors to take pain management courses and the state medical board to keep statistics on under-treatment complaints.
The Bergman family filed a complaint with the California Medical Board, but it refused to take action against Chin.
Board spokeswoman Candis Cohen admitted the organization doesn't keep an accurate count.
"However, historically, complaints regarding the undertreatment of pain have been nearly nonexistent. That is the experience of our board," she said yesterday.
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#4 Author of original report

Side Effets Of Vicodin

AUTHOR: Frank - ()

The constipation you site as a side effect is true, that is why why my Mother was on Amatiza 1 capsule BID, Citrical and 8 glasses of water while under my care, which was also abruptley abruptley discontinued. I prevented this issue by finely grinding my mothers medications, mixing in preheated applesause, and giving it after a meal and a boost. The prednisone, thyroxine, lopressor, Lovanox however do not cause gastro intestinal side effects and they were also abruptley discontinued as well causing Cardiac Withdrawal and Rebound Symptoms. Hydration, Nutrition and Oxygen as well was denied at Mather Hospital after her Carbon Monoxide Exposure.

Section 6714 of the Education Law: When a Veterinarian reasonably and in good faith suspects that a companion animal's injury, illness or condition is the result of animal cruelty, the veterinarian may report the incident or disclose records to the police, SPCA or any other appropriate government agency”.

Section 353 - Failure to provide proper sustenance (This is the section used most often when investigating cruelty): “A person who whether belonging to himself or to another or deprives any animal of necessary sustenance, food or drink, or procures or permits any animal to any act of cruelty to any animal, or any act tending to produce such cruelty is guilty of a misdemeanor.”   

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#5 Author of original report

Denial of Pain Medication is Abuse

AUTHOR: Frank - ()

Melissa Kaplan's
Chronic Neuroimmune Diseases
Information on CFS, FM, MCS, Lyme Disease, Thyroid, and more...
Last updated January 1, 2014
Ground-Breaking Jury Verdict Awards $1.5 Million Undertreatment of Pain Equals Elder Abuse
 
 
California Jury sends a message of accountability to health care providers Alameda County California
Press Release Contact: Claire Simons 503-221-9556
Today a jury issued a ruling that will forever change the way healthcare providers view the legal significance of effective pain care for the terminally ill. "The message of this verdict is that the American public is no longer willing to tolerate such flagrant disregard of suffering," said Barbara Coombs Lee, President of Compassion in Dying Federation.
The case called Bergman v. Eden involved care provided to William Bergman, an 85-year-old Californian dying of lung cancer. Mr. Bergman was admitted to Eden Medical Center in Northern California on February 16, 1998, complaining of intolerable pain. He spent five days in the hospital, where he was treated by Dr. Wing Chin, an internal medicine specialist.
Nurses charted pain levels ranging from 7-10, with 10 points being the worst pain imaginable. Mr. Bergman was discharged to die at home, still in agony. His family ultimately consulted another physician who prescribed proper pain medication and Mr. Bergman finally obtained relief. He died in hospice care on Feb. 24, 1998.
"This is an important victory for advocates of pain care. Physicians have under treated pain for a very long time with no accountability," said Kathryn Tucker, Director of Legal Affairs for Compassion in Dying Federation. "Today's verdict is a wake up call."
Lead Trial Counsel, James Geagan, said "Medical experts testified that there were numerous serious deviations from Standards of Conduct. They called Dr. Chin's conduct "amazingly reckless" and "inexcusable."
"This outcome encourages all providers to pay attention to their patient's pain and treat it appropriately. If they don't know, they must become educated," said Barbara Coombs Lee. "The verdict empowers patients to insist that physicians treat pain and other symptoms at the end of life.
Beverly Bergman, daughter of William Bergman, contacted Compassion In Dying, a non-profit organization dedicated to improving care and expanding choices at the end of life. "Today's verdict will never change the excruciating pain my father endured, but I hope that no other patient will have to suffer needlessly as my father did," she said.
Compassion in Dying Federation encourages patients to be knowledgeable and assertive consumers of medical services. If appropriate pain management is not provided, patients can and should complain to the nurses and physicians.
This case would not have been possible with out the generous devotion of time and resources by the firm of Brayton Purcell, Novato, Calif.
  FOR JOURNALISTS:
  Barbara Coombs Lee, President CIDF - 502-221-9556
  Kathryn Tucker, Director of Legal Affairs - 206-367-2134
  Ben Rich, Professor of Bioethics, UC Davis School of Medicine - 916-734-6010
 
 
Doctor found reckless for not relieving pain
$1.5 million jury verdict for family of cancer patient who went home to Hayward to die 
Matthew Yi, San Francisco Chronicle, Thursday, June 13, 2001
In a trial that became a forum for the debate over how pain is treated in American medicine, an Alameda County jury yesterday found that an internist committed elder abuse and reckless negligence by not giving enough pain medication to a Hayward man dying of cancer.
The jury awarded the man's family $1.5 million in general damages. But jurors did not find that Dr. Wing Chin, a doctor at Eden Medical Center in Castro Valley, had acted with malice or had intentionally caused emotional distress, so there was no award of punitive damages.
The case is a major victory for patients' rights advocates who argue that many doctors don't treat pain adequately, said Barbara Coombs Lee, president of Compassion in Dying, a Portland advocacy group that provided legal assistance for the lawsuit.
"It's a good day for us," she said yesterday. "This case was against all odds. . . . This is a precedent-setting case because, to our knowledge, never before has under-treating pain been defined as elder abuse."
Beverly Bergman, 45, the daughter of retired railroad detective William Bergman, who died in 1998, said she was happy with the outcome.
"We're very grateful that the jury worked so hard," she said. "It'll send a message to the medical community that they cannot under-medicate without consequences."
After the verdict, Chin simply shook his head when a reporter asked for a response, and then was whisked away by his attorney, Bob Slattery.
Slattery later said he was disappointed by the jury's decision. "We're reconsidering our options on the appeal," he said.
Eden Medical Center spokeswoman Cassandra Phelps also called the verdict "disappointing."
"Dr. Chin has devoted his entire career to caring for patients, many of whom are seniors," Phelps said. "It is difficult for those who know and work with him to accept the verdict."
In order for the Bergman family to win the case, they had to prove not only negligence by Chin, which is usually enough in a malpractice suit, but reckless negligence.
On their fourth day of deliberations, six men and six women decided 9-3 that there were elder abuse and recklessness, while deadlocking 8-4 on the questions of malice and emotional distress. In a civil case, at least nine jurors must agree to reach a decision.
The verdict will have lasting effects on pain treatment, doctors say.
"It worries me because the message is, you're damned if you do and you're damned if you don't," said Dr. Scott Fishman, who heads the University of California at Davis Medical Center's division of pain medicine.
For years, most doctors have erred on the side of under-medicating for fear of legal ramifications from potential addiction to pain killers, he said.
"This case is going to say to (doctors), that it's going to be a risk not treating pain," Fishman said.
Dr. Steven Pantilat, who teaches at the University of California at San Francisco's medical school, said although doctors will now face pressure from both sides, there's plenty of room in the middle to relieve pain for patients safely.
"It can be done. It can be challenging in some cases, but it's a practice that should be well in the scope of a physician's practice," he said.
William Bergman, who suffered from lung cancer, was admitted to Eden Medical Center in early 1998.
The lawsuit alleged that Chin was reckless in not prescribing strong enough medication for Bergman, who complained of severe back pain.
Bergman stayed at the hospital for six days as nurses charted his pain on a 1-to-10 scale, 10 being the worst. A report rated his pain consistently in the 7-to-10 range and on the day he was discharged, because he wanted to go home to die, his pain was at level 10.
He died at home Feb. 24.
Bergman's family filed a complaint with the California Medical Board, which took no action against Chin because it did not find "clear and convincing evidence of a violation of the Medical Practice Act," board spokeswoman Candis Cohen said earlier.
Although the board's medical consultant concluded that the hospital's pain management was inadequate, Cohen said not every error a physician makes rises to the level where the board could take disciplinary action.
Cohen refused to comment yesterday on the verdict.
The jurors, who had been deliberating since Friday, said the debate was intense, with arguments often escalating into shouting matches.
"It was a very tough case for all of us," said jury foreman Carlos Clavel, 33, of San Lorenzo. "Some of us didn't feel Dr. Chin was negligent. . . . Some of us felt he used treatment based on his best judgment."
Another juror said that after hearing the evidence, it was obvious that the charges were legitimate.
"I felt the evidence was clear and convincing," said Sherrie Graston, 36, of Fremont. "Part of treating a patient is to treat pain."
The verdict fuels the fire for state Assemblywoman Dion Aroner, D-Berkeley, who authored a bill that would require all California doctors to take a pain management course.
Chronicle staff writer Ray Delgado contributed to this report.
 
 
Elder-abuse verdict challenges physicians on pain: Doctors must balance relief against addiction
Matthew Yi, San Francisco Chronicle, June 15, 2001
A landmark verdict of elder abuse against an East Bay internist for not giving enough painkillers to a dying man has grabbed the attention of physicians already under pressure to make treatment decisions based on subjective evidence.
"How do you define a satisfactory amount of (pain) medication?" said Berkeley pain specialist Dr. Michael H. Park. "When (the patient) says it's OK? If the patient says I don't feel OK, do you just simply give more?"
Treating pain, he said, is a fine art that combines what the patient says he feels with the doctor's medical knowledge and past experience. Treatment isn't something that should be dictated by fears of malpractice lawsuits, he said.
"I think it's dangerous for (lawyers and courts) to decide what doctors need to do," said Park, who has been practicing for a decade.
An Alameda County jury on Wednesday found Dr. Wing Chin committed elder abuse and reckless negligence for not giving enough pain medication to lung cancer patient William Bergman, 85, who was admitted to Eden Medical Center in Castro Valley in February 1998. He died later that month at his home in Hayward.
The jury also awarded $1.5 million to the Bergman family, although state law puts a cap of $250,000 on pain and suffering damages, attorneys on both sides said yesterday. Alameda County Superior Court Judge David E. Hunter is expected to rule on the final figure later this month.
The family also sued Eden, but the hospital settled the case earlier. Part of the settlement included pain training for its doctors.
Dr. Jeffrey Randall, president of the hospital's medical staff, said yesterday he's unsure how the ruling will affect pain treatment at Eden.
"I think it's too soon to know what the long-term ramification is going to be," he said. "But I think it's worrisome that something like this can happen to someone of Dr. Chin's caliber. . . . He's well regarded by his colleagues, and he's treated many physicians and their families."
However, the message of the verdict is clear, said Dr. Russell Portenoy, former president of the American Pain Society and head of the pain management department of Beth Israel Medical Center in New York.
"It begins to create the reality of (punishment) . . . for physicians who don't respond to patients who have severe pain," Portenoy said.
In the past, most doctors erred on the side of undermedication, fearing malpractice suits from possible addiction to painkillers, leading some physicians to be too lax about pain treatment, he said.
In fact, structured guidelines on pain management are relatively new and still evolving.
The Joint Commission on Accreditation of Healthcare Organizations, which accredits most hospitals and nursing homes in the United States, just this year incorporated standards for pain management, Portenoy said.
The number of state medical boards that have explicit guidelines on treating pain is growing but still in the minority, said David Joranson, director of the Pain and Policy Studies Group at the University of Wisconsin's Comprehensive Cancer Center.
His research group recently came up with pain management guidelines, which have been adopted by medical boards in 15 states.
"We had 11 workshops around the country on the subject, and it led to an unprecedented increase in the number of state boards coming up with guidelines on pain management," he said. .
NOT HERE
But California isn't one of them. That's because the Golden State's medical board instituted its own rules in 1994. Three years later, the state Legislature also passed the Pain Patient's Bill of Rights, allowing patients to ask for painkillers of their choice.
This year, the state Assembly approved a bill, which is now in the Senate, that would require doctors to take pain management courses and the state medical board to keep statistics on under-treatment complaints.
The Bergman family filed a complaint with the California Medical Board, but it refused to take action against Chin.
Board spokeswoman Candis Cohen admitted the organization doesn't keep an accurate count.
"However, historically, complaints regarding the undertreatment of pain have been nearly nonexistent. That is the experience of our board," she said yesterday.
 
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#6 Author of original report

Mather Hospital No New Health Care Proxy Document

AUTHOR: Frank - ()

Mather Hospital Admits Not Having in Possession a Health Care Proxy Document From 1/15/13 through 7/17/13.

After a 2 month long hospital investigation, Maryanne B. Gordon, Administrative Director confirms the fact that Mather Hospital cannot verify the date of execution, an essential element of a legal HCP, by stating: “Therefore, we can only conclude that at some point, your mother revoked her prior proxy and executed a new one”.

Essential Elements- “Principal’s Signature and Date of signature, and execution”, signature of 2 witnesses, neither of which can be an agent or alternate agent”. (New York State Department of Health, “Filing a Healthcare Proxy” in the Medical Record, Essential Elements of a Health Care Proxy). 

Mather Hospital Reaffirms That They “Routinely” Violate New York State Consolidated Laws Public Health.

New York State Consolidated Laws Public Health S 2984, Providers Obligations” 1: Requires a “Healthcare Provider who is provided with a health care proxy shall arrange for the proxy or a copy to be inserted in the principals record”.

“Further, hospitals do not routinely maintain copies of proxy documents for patients when they are executed, because patients often revoke and/or change agents over the course of time as circumstances change”. (Letter, Maryanne B. Gordon, MA, RHIA, CHCQM, Administrative Director, Mather Hospital, 1/17/13, page 1, Response to complaint #1, You were your mothers Health Care Proxy effective 2007 and were denied the right to act as her proxy agent during her final hospitalization.)

Mather Hospital Confirming No New Health Care Proxy Agent or Document Provided on Dates in Question.

“Your sister advised the staff upon your mother’s final admission that she was your mother’s Health Care Proxy and provided a copy of the proxy document”. (Mather Hospital Administrative Director, Maryanne B. Gordon, letter, 7/17/13), page 1, response to complaint: You were your mother’s Health Care Proxy effective 2007 and were denied the right to act as her proxy agent during her final hospitalization”.)

Final Admission Date Confirmed By Mather Hospital, 2/9/13-2/12/13.

“Admit Date: 2/9/2013 22:08, Discharge Date: 2/12/2013 19:42 (John T. Mather Hospital Admission Reconciliation, 2/13/2013,page 1, 5:46, Visit ID: 135994275.)

ADM DATE: 2/9/13,  DIS DATE:2/12/13. (John T. Mather Hospital Discharge Summary, 2/9/13, page 1,)

“Hospital stay was uneventful. On February 13, 2013, the patient expired” (John T. Mather Hospital Discharge Summary, 2/9/13, page 1, HOSPITAL COURSE:)

Certificate of Death, 2/12/13, Mather Hospital Physician, Natalya Titakeuko certifies the immediate “Cause of Death” as “Cardio Pulmonary Arrest” due to or as a consequence of: “Coronary Artery Disease, COPD, Dementia and Failyure to Thrive”, Pronounced Dead at Mather Hospital, 2/12/13, 2:50PM.)

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#7 Author of original report

Mather Hospital Libel for 90 Year Olds Death Due to New York Health Care Proxy Law

AUTHOR: Frank - ()

Mather Hospital Deviation from “Accepted Medical Standards”.

 1/14/13,My Mothers ER Visit at Mather Hospital

 “This is a well developed, well nourished patient who is awake, alert, and in no acute distress”, ” (John T. Mather Hospital Physician Documentation, Constitution Con’t., 1/14/13, page 2, Constitutional:)

 1/30/13 Admission at Mather Hospital

“Awake, Alert and Oriented X 3, (Discharge Summary, 2/1/13 under Neurological)

“Awake and alert, GCS 15, oriented to person, place, time and situation. (Physician Documentation Cont’. 1/30/13, page 2, Neuro:)                                                       

Awake, Alert and oriented x 3, (John T. Mather Hospital Discharge Summary Dis Date: 2/2/13, Physical Examination:)

No deficits noted, patient oriented X3, eyes open spontaneously and obeys commands. Level of consciousness is awake, alert. ( Mather Hospital Nurse’s Notes Con’t, 1/30/13, page 2, 17:06, Neuro:)

“Mild Dementia”. (John T. Mather Hospital Admission Profile, 1/30/13, page 4, Neurological Comment.)   

Further, on admission, your mother was found to be ALERT, and ORIENTATED and fully concurred with the visitation restrictions ”. (Mather Hospital Administrative Director, Maryanne B. Gordon, letter, 7/17/13).

10 Days Later In Mather Hospital ER, 2/9/13, Hospital was Negligent in Identifying Carbon Monoxide Exposure Symptoms.

 “Unresponsive”,(Mather Hospital Nursing Assessment, 2/9/13, page , under Coping,/Observed Emotional State. 2/10/13 09:00),

Non Verbal”, (Mather Hospital Nursing Assessment, page 3 & 4, under Coping/ Verbalized Emotional State),

 “Semi Comatose (Mather Hospital Nursing Assessment, page 7, Cognitive/Perceptual/Neuro under level of consciousness, 2/12/13)

 “Disoriented x 4” (Mather Hospital Nursing Assessment, page 7, Cognitive/Perception/Neuro under Orientation).

“Deceased” within a month, ( Death Certificate 2/12/13).

On or about 2/7/13, my Mother was exposed to Toxic Levels of Carbon Monoxide.

Confirmation of this can be done by examining the records of individuals Hospitalized at Mather Hospital for Carbon Monoxide Poisoning, 2/7-9/13 and confirming their addresses.

On or about 2/7/13, 3+ Patients Admitted to Mather Hospital, Diagnosed and Treated for Carbon Monoxide Poisoning.

3 individuals in my mother’s apartment and a family in an apartment directly above my mother were hospitalized.

On or about 2/7/13, 3+ Patients were Exposed to Carbon Monoxide at my Mothers Address with my Mother Present.

Confirmation of the address can be done by examining the records of individuals Hospitalized at Mather Hospital for Carbon Monoxide Poisoning, 2/7-9/13.

Confirmation of my mothers residence is found in a Mather Hospital letter dated 7/17/13, where the Hospital Administrative Director Maryanne B. Gordon, states: “Further, she advised your mother resided with her, which you do not dispute”. 

Port Jefferson Volunteer Ambulance Corps. Invoice, 2/11/13, for services rendered for my mothers transport to Mather Hospital on 2/9/13, confirms this address as well as the Certificate of Death.

2/9/13 My Mother’s ER and Admission at Mather Hospital request made to not “Diagnose or Prognose”.

“Child states the patient is dying” (Nurses Notes 2/9/13) “Patient is actively dying, as per daughter” (Physician Documentation, 2/9/13, 21:04, page 1) Requesting no “vital signs” being taken, “defers blood work and diagnostic work-ups” (Physician Documentation, 2/9/13, page 1) “HCP states she does not want anything done to patient no labs, work up or anything that will “disturb” her( Nurses Notes, 2/9/13, 20:10, page 1 and 2 under assessment). “Daughter-resistant to obtaining pt’s vital signs, I explained need for assessing vital signs and rationale for same”(Nursing Progress Note, 2/10/13, 12:33, page 1).

“Pt daughter declined a full body assessment” Nurses Notes, 2/9/13. page 2) “Patient was not given aspirin because daughter states patient no longer takes medications”. (Physician Documentation, 2/9/13, 21:08, page 2).

Mather Hospital’s Neglect to “Diagnose and Prognose” Carbon Monoxide Exposure Symptoms.

Carbon Monoxide Poisoning - Topic Overview

What is carbon monoxide poisoning?

Carbon monoxide poisoning happens when you breathe too much carbon monoxide. Carbon monoxide is a gas produced by burning any type of fuel—gas, oil, kerosene, wood, or charcoal. What makes this gas so dangerous is that when you breathe it, it replaces the oxygen in your blood. Without oxygen, cells throughout the body die, and the organs stop working.

You can't see, smell, or taste carbon monoxide. But if you breathe too much of it, it can become deadly within minutes. So be sure you know the signs of carbon monoxide poisoning, what to do if you have the symptoms, and how to keep it from happening.

What causes carbon monoxide poisoning?

What are the symptoms?

Early symptoms of carbon monoxide poisoning include:

Headache.

Dizziness.

Nausea.

As carbon monoxide builds up in your blood, symptoms get worse and may include:

Confusion and drowsiness.

Fast breathing, fast heartbeat, or chest pain..

Vision problems.

Seizures.

If you have symptoms that you think could be caused by carbon monoxide poisoning, leave the area right away, and call 911 or go to the emergency room. If you keep breathing the fumes, you may pass out and die.

Carbon monoxide poisoning can occur suddenly or over a long period of time. Breathing low levels of carbon monoxide over a long period can cause severe heart problems and brain damage. See a doctor if: You often are short of breath and have mild nausea and headaches when you are indoors.

How is carbon monoxide poisoning diagnosed?

If your doctor suspects carbon monoxide poisoning, he or she can order a blood test that measures the amount of carbon monoxide in your blood. You may have other blood tests to check your overall health and to look for problems caused by carbon monoxide.WebMD Medical Reference from Healthwise

Last Updated: March 01, 2012

This information is not intended to replace the advice of a doctor. Healthwise disclaims any liability for the decisions you make based on this information.

© 1995-2014 Healthwise, Incorporated. Healthwise, Healthwise for every health decision, and the Healthwise logo are trademarks of Healthwise, Incorporated.

Mather Hospital’s Neglect to Diagnose and Derive a Prognosis of Carbon Monoxide Exposure Confirmed.

Certificate of Death, 2/12/13, Mather Hospital Physician, Natalya Titakeuko certifies the immediate “Cause of Death” as “Cardio Pulmonary Arrest” due to or as a consequence of: “Coronary Artery Disease, COPD, Dementia, Failure to Thrive and Renal Insufficiency”, Pronounced Dead at Mather Hospital, 2/12/13, 2:50PM.) Missed the Exposure Carbon Monoxide.

Discharge Summary, 2/9/13, page 2, enc #135994275, Final Diagnosis: “Cardiopulmonary arrest secondary to coronary artery disease. Failure to Thrive. Renal Insufficiency”. Missed the Exposure to Carbon Monoxide Again.

Mather Hospital’s Requirement to Obtain an Accurate Diagnosis and Prognosis, Disregarded.

According to the:

Department of Health website.Department of Health

Information for a Healthy New York

Should proxies be honored when patients are admitted to the emergency room?

“Physicians may honor decisions by a health care agent in the emergency room if the patient's diagnosis and prognosis can be determined, enabling the agent to make an informed decision. If delay to obtain information will harm the patient, treatment should be provided in accord with accepted medical standards”.

Mather Hospital Overlooks Carbon Monoxide Exposure, Relies Exclusively Upon Diagnosis and Prognosis of Unlicensed Personnel, in the Abcense of a Diagnosis from Acceptable Diagnostic Testing.

“Child states the patient is dying” (Nurses Notes 2/9/13) “Patient is actively dying, as per daughter” “ Wishes for comfort care only-no medical intervention or workup”. (Physician Documentation, 2/9/13, 21:04, page 1) Requesting no “vital signs” being taken, “defers blood work and diagnostic work-ups” (Physician Documentation, 2/9/13, page 1) “HCP states she does not want anything done to patient no labs, work up or anything that will “disturb” her( Nurses Notes, 2/9/13, 20:10, page 1 and 2 under assessment). “Daughter-resistant to obtaining pt’s vital signs, I explained need for assessing vital signs and rationale for same”(Nursing Progress Note, 2/10/13, 12:33, page 1). “Pt daughter declined a full body assessment” Nurses Notes, 2/9/13. page 2) “Patient was not given aspirin because daughter states patient no longer takes medications”. (Physician Documentation, 2/9/13, 21:08, page 2).

“Diagnosing or making treatment recommendations” is exclusively reserved and authorized for only “licensed healthcare professionals”. [New York Law, CLS Educ. S6521 "Practice of Medicine".] 

Medical Examiner at Mather Hospital “Determines Cause of Death” in the absence of “Acceptable Diagnostic Testing”.

Certificate of Death, 2/12/13, Mather Hospital Physician, Natalya Titakeuko certifies the immediate “Cause of Death” as “Cardio Pulmonary Arrest” due to or as a consequence of: “Coronary Artery Disease, COPD, Dementia, Failure to Thrive and Renal Insufficiency”, Pronounced Dead at Mather Hospital, 2/12/13, 2:50PM.)

Mather Hospital in Solidarity with HCP Diagnosis and Prognosis.

According to the article: “We asked MLMIC they answered, New York County Medical Society”.

“If you feel that the proxy agent is not acting in the patients best interest, you may request a court to remove the agent and/or override the agents decisions that where made in bad faith”.

“A healthcare Proxy Agent makes medical decisions on the principals behalf that are within the best interest of the principal (Surrogate Decision Making in New York, Salvatore M. Di Costanzo.)

Can a health care agent authorize active euthanasia? Department of Health Website Replies;

“No. The agent's right to decide about treatment is no greater than that of a competent patient. New York law prohibits active euthanasia and assisted suicide”.

Mather Hospital’s Irreversable Decision on a Reversable Condition.

70% of patients treated with SEVERE (C0) poisoning survive,”Carbon Monoxide Poisoning”, The Internet Journal of Emergency and Intensive Care Medicine, 1997.

Vol.1 N2. at a COHb level of about 40%, Carbon Monoxide starts to cause Coma and Collapse.

ALL WITH HAVING THE FOLLOWING PREVIOUS KNOWLEDGE.

Recognized and Confirmed the Diagnosis by the Direct Questioning Method.

Are you or have you been threatened or abused?”,

My Mother Replied YES!

(Mather Hospital, Admission Profile, 1/30/13, page 6, under Self-Perception.)

-Enc  #135958569-IPT-MED-1/30/2013

 JOHN T. MATHER MEMORIAL HOSPITAL

PORT JEFFERSON, N.Y. 11777

CONSULTATION REPORT

NAME :

MR NO :   79-41-38

ACCOUNT NO: 1359585569

CONSULTING PROVIDER:  SHAMIM KAHN, M.D.

PROVIDER ID:        006093

DATE OF CONSULT:        01/30/2013

REASON FOR CONSULTATION:      CHEST PAIN

MEDICATIONS:            AT home are vitamin D, Valium, Remeron, vitamin B12, Tylenol, and Keppra.  The patient apparently was also on high dose of vicodin, which she has been abruptly discontinued for the last three days.                

SOCIAL HISTORY :  The patient lives with her daughter.  No smoking,  alcohol  or drug abuse.

 

      NorthShore Hematology/ Oncology Associates

NSHOA      235 North Belle Meade Rd

              East Setauket NY 11733

                              Phone:  631-751-3000

Patient Name: 

Patient Number: 3457930

HOSPITAL FOLLOWUP

Michael Rodriguez, D.O.

History of Present Illness

Dear Dr. Rodriquez:

Review of previous records from Dr. Boglia showed normal albumin; however, an SPEP revealed monocional free light chain and a Bence Jones protein that was positive for lambda type. She comes to the office today stating she feels well. She is tolerating the Lovenox at renal dosing. She denies any bleeding.

Assessment:

Coagulation defects,other

Recommendation/Plan:

An 85-yar-old lady with past medical history of seizures and anemia secondary to chronic kidney disease who presents with an acute DVT. I will perform a hypercoagulable workup, as she does have a family history of DVT’S. She also has an anemia likely secondary to kidney disease; however, she has Bence Jones protein suspicious for multiple myeloma.

Additional Evidence of No “New” Health Care Proxy Document in the Records.

After my mother’s passing on 2/12/13, I filed for Authorization for Release of Health Information Pursuant to HIPAA on 3/27/13 at Mather Hospital. (OCA Official Form No.: 960)

I obtained my mothers medical records from Mather Hospital on 4/22/13 ( John T. Mather Memorial Hospital Customer Receipt, #22273277, 4/22/13, Account Number 728600009, $112.50) ironically on the Legal Basis that I was acknowledged by Mather Hospital, to be my mother’s rightful representative.

(Health Care Proxy Agent” since 11/10/07 as recognized by Mather Hospital, Brookhaven Memorial Hospital and my mothers Primary Care Physician. (Mather Hospital Nurses Notes, 1/13/13, Page 1, Brookhaven Memorial Hospital Case Management, 6/30/10, 3:30 PM, No. 9804), also was her “Durable General Power of Attorney”, 11/10/07, designated as the “Medicare Information Recipient” (Medicare Information Release Form, 11/3/10) and authorized by my mother’s Primary Care Physician to “discuss any medical problems, tests and results”, (Communication Consent, Dr. Michael Rodriguez)

I was recognized by Mather Hospital as my mother’s Health Care Proxy Agent as of 1/11/12. (“Patient has a health care proxy. Name of Health Care Proxy: followed by my name and phone number, Mather Hospital Nurses Notes, 1/13/13, print time 1/15/13, 14:18:28,  page 1.)

In the absence of any other Document to contradict my Legal Status, including a “New” Health Care Proxy in the medical records, I was granted my legal and ethical right to obtain my mothers medical records.

Department of Health Memorandum       Access to Patient Information

Patients and other qualified persons have a right to access patient information under Section 18 of the Public Health Law. Section 18 contains the procedures for making records available and the conditions under which a provider can deny access.

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#8 General Comment

interesting...

AUTHOR: Tyg - ()

 While your post is an excellent read, I find it funny that Im not seeing a ripoff here. I can see that an elderly person was taken off of their pain meds but beyond that im not seeing abuse. Maybe you can condense it down a bit. Ok we get it, you have cited enough papers to validate YOUR point, now how about filling us in on WHAT the abuse is. Being taken off of pain meds MAY be a personal choice by the person taking them. If YOU have never had to live on pain pills, I can tell you, it is ROUGH!!!! The constipation alone is enough to make most people stop taking it. So what YOU cite as abuse MAY be someone trying to get their guts under control. Nothing worse then blowing out your sphincter trying to push one out. It hurts and it hurts a lot. Sometimes MORE then the original pain you are taking the meds for. Im NOT saying this is the case, I AM saying that there may be more to this situation then even YOU are privy to. Then you suggest that doctor/patient privilege be broken with this comment..........Confirmation of the address can be done by examining the records of individuals Hospitalized at Mather Hospital for Carbon Monoxide Poisoning, 2/7-9/13. .......... Yes because a nice fat civil suit is EXACTLY what a hospital really wants to deal with..... I will admit that you HAVE done SOME research. BUT!!!!! Real life is NOT a coin. It is NOT black and white. There are MANY shades of gray. How about LESS trying to prove a point and MORE actual FACT. Then those of us who attempt to assist can give your post the attention YOU think it deserves.

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#9 Author of original report

Mather Hospital Deviation from Acceptable Practice

AUTHOR: Frank - ()

Additional Evidence of No “New” Health Care Proxy Document in the Records.

Regarding my 90 year old mother in which Mather Hospital failed to intervene in her behalf and recommend proper medication restoration or medically supervised tapering. Due to the fact that Mather Hospital Neglected to Diagnose and Treat Carbon Monoxide Exposure as well, due to the instructions of an undocumented "New" Health Care Proxy Agent, I have provided even more evidence suggesting the opposite.

After my mother’s passing on 2/12/13, I filed for Authorization for Release of Health Information Pursuant to HIPAA on 3/27/13 at Mather Hospital. (OCA Official Form No.: 960) 

I obtained my mothers medical records from Mather Hospital on 4/22/13, ( John T. Mather Memorial Hospital Customer Receipt, #22273277, 4/22/13, Account Number 728600009, $112.50) ironically on the Legal Basis that I was acknowledged by Mather Hospital, to be my mother’s rightful representative. 

(Documents Provided Mather Hospital, “Health Care Proxy Agent” since 11/10/07 as recognized by Mather Hospital, Brookhaven Memorial Hospital and my mothers Primary Care Physician. (Mather Hospital Nurses Notes, 1/13/13, Page 1, Brookhaven Memorial Hospital Case Management, 6/30/10, 3:30 PM, No. 9804, also was her “Durable General Power of Attorney”, 11/10/07, designated as the “Medicare Information Recipient”, Medicare Information Release Form, 11/3/10 and authorized by my mother’s Primary Care Physician to “discuss any medical problems, tests and results”, Communication Consent, Dr. Michael Rodriguez.

I was recognized by Mather Hospital as my mother’s Health Care Proxy Agent as of 1/11/12. (“Patient has a health care proxy. Name of Health Care Proxy: followed by my name and phone number, Mather Hospital Nurses Notes, 1/13/13, print time 1/15/13, 14:18:28, page 1.)

In the absence of any other Document to contradict my Legal Status, including a “New” Health Care Proxy in the medical records, I was granted my legal and ethical right to obtain my mothers medical records. 

Department of Health Memorandum Access to Patient Information
• Section 18: Access to Patient Information is available in Portable Document Format (PDF, 35KB, 5pg.)

"Patients and other qualified persons have a right to access patient information under Section 18 of the Public Health Law. Section 18 contains the procedures for making records available and the conditions under which a provider can deny access". 

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#10 Author of original report

Mather Hospital Libel for 90 Year Olds Death Due to New York Health Care Proxy Law

AUTHOR: Frank - ()

Mather Hospital Libel for 90 Year Old Patient’s Death Due to New York Health Care Proxy Law.

Mather Hospital Confirms Patient not Deemed Incapacitated During Dates in Question.

“A health Agent may only take over medical decisions when a Principal is deemed incompetent by two doctors. NYSHL S 2983 (A) 1,To commence a proxy agents authority”, (Surrogate Decision Making in New York,  Salvatore M Di Constanzo, McMillan, Constabile, Maker & Perone, LLP.).

 “Awake, Alert and Oriented X 3, (Discharge Summary, 2/1/13 under Neurological)

“Awake and alert, GCS 15, oriented to person, place, time and situation. (Physician Documentation Cont’. 1/30/13, page 2, Neuro:)                                                       

Awake, Alert and oriented x 3, (John T. Mather Hospital Discharge Summary Dis Date: 2/2/13, Physical Examination:)

No deficits noted, patient oriented X3, eyes open spontaneously and obeys commands. Level of consciousness is awake, alert. ( Mather Hospital Nurse’s Notes Con’t, 1/30/13, page 2, 17:06, Neuro:)

“Mild Dementia”. (John T. Mather Hospital Admission Profile, 1/30/13, page 4, Neurological Comment.)   

Further, on admission, your mother was found to be ALERT, and ORIENTATED and fully concurred with the visitation restrictions ”. (Mather Hospital Administrative Director, Maryanne B. Gordon, letter, 7/17/13).

Mather Hospital Admits Not Having in Possession a Health Care Proxy Document From 1/15/13 through 7/17/13.

After a 2 month long hospital investigation, Maryanne B. Gordon, Administrative Director confirms the fact that Mather Hospital cannot verify the date of execution, an essential element of a legal HCP, by stating: “Therefore, we can only conclude that at some point, your mother revoked her prior proxy and executed a new one”.

Essential Elements- Principal’s Signature and Date of signature, and execution”, signature of 2 witnesses, neither of which can be an agent or alternate agent”. (New York State Department of Health, “Filing a Healthcare Proxy in the Medical Record, Essential Elements of a Health Care Proxy). 

Mather Hospital Reaffirms That They “Routinely” Violate New York State Consolidated Laws Public Health.

New York State Consolidated Laws Public Health S 2984, Providers Obligations” 1: Requires a “Healthcare Provider who is provided with a health care proxy shall arrange for the proxy or a copy to be inserted in the principals record”.

Further, hospitals do not routinely maintain copies of proxy documents for patients when they are executed, because patients often revoke and/or change agents over the course of time as circumstances change”. (Letter, Maryanne B. Gordon, MA, RHIA, CHCQM, Administrative Director, Mather Hospital, 1/17/13, page 1, Response to complaint #1, You were your mothers Health Care Proxy effective 2007 and were denied the right to act as her proxy agent during her final hospitalization.)

Mather Hospital Confirming No New Health Care Proxy Agent or Document Provided on Dates in Question.

“Your sister advised the staff upon your mother’s final admission that she was your mother’s Health Care Proxy and provided a copy of the proxy document”. (Mather Hospital Administrative Director, Maryanne B. Gordon, letter, 7/17/13), page 1, response to complaint: You were your mother’s Health Care Proxy effective 2007 and were denied the right to act as her proxy agent during her final hospitalization”.)

Final Admission Date Confirmed By Mather Hospital.

“Admit Date: 2/9/2013 22:08, Discharge Date: 2/12/2013 19:42 (John T. Mather Hospital Admission Reconciliation, 2/13/2013,page 1, 5:46, Visit ID: 135994275.)

ADM DATE: 2/9/13,  DIS DATE:2/12/13. (John T. Mather Hospital Discharge Summary, 2/9/13, page 1,)

“Hospital stay was uneventful. On February 13, 2013, the patient expired” (John T. Mather Hospital Discharge Summary, 2/9/13, page 1, HOSPITAL COURSE:)

Certificate of Death, 2/12/13, Mather Hospital Physician, Natalya Titakeuko certifies the immediate “Cause of Death” as “Cardio Pulmonary Arrest” due to or as a consequence of: “Coronary Artery Disease, COPD, Dementia and Failyure to Thrive”, Pronounced Dead at Mather Hospital, 2/12/13, 2:50PM.)

Remember it is the “End Which Unjustified the Means”.

The Center for Advocacy for the Rights and Interests of the Elderly (CARE), in solidarity, conferred the following statement to me,  ”We wish you luck and fortitude in advocating for the rights of older adults”.

 

“Those who fail to learn the lessons of history are doomed to repeat them”. George Santayana

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