Legal Question in Medical Malpractice in California
My husbands father is in the hospital. He is unable to make desisions for himself due to being sedated. My husbands Aunt did not inform my husband about his fathers hospitalization until he had been there for 10 days already. My husbands aunt is making medical decisions and the hospital is refusing to allow my husband, the only child, to assume decision making and are telling us that the aunt has been given the right by the hospital. The aunt will not give up the right to my husband. There is no power-of-attorney signed to the aunt. Can the hospital do this legally?
1 Answer from Attorneys
If he is being sedated, was he awake at the time he was hospitalized? Did the father fill out a form naming her as the one to make the decisions, or somehow convey to them that she was the one he wanted to make decisions if he were rendered unable to do so? If not, it may be sufficient that you have an attorney make a phone call if this is really an issue and the hospital refuses to listen to your husband.
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