Legal Question in Disability Law in California

access for disabled person to see spouse in hospital

is this discrimination?

my father was admitted to the hospital. he is dying. my mother wants to go to his side. she has been disabled for over 10 years from a stroke that left her mentally like a 3 or 4 year old. my sister is her conservator. the hospital policy states that there is only 1 visitor allowed per patient, which i understand. but in the case of my mother, who will wander off, get lost, get scared, not understand, is in depends, etc, shouldn't the hospital consider my sister and my mother as they would consider a blind person with a service dog? my mother cannot navigate a hospital by herself. she also cannot be left alone at home or in a waiting room. so my sister asked the hospital if they could either stay with my mother or take my mother to my dad. she was told no. and she was also told no, that they both could not go back. also, upon admittance, my sister was told that my mother HAD to sign the paperwork, and my sister told them no, because my mother is not even allowed to sign for her own welfare, how can she sign for my fathers? Please let me know what rights my mother has. My dad was just admitted again and probably will not make it. And I think my mother should be able to be by his side.


Asked on 4/22/07, 10:42 pm

1 Answer from Attorneys

Alden Knisbacher knisbacher law offices

Re: access for disabled person to see spouse in hospital

Their policy would change very quickly once an attorney was involved -- get an attorney to write them a letter and threaten an immediate lawsuit. I'm out of town til the end of the week -- but call your local bar association for a referral of the California Association for Nursing Home Reform -- CANHR.ORG -- has a lawyer referral service -- and those attorneys can probably address this issue. Good luck.

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Answered on 4/23/07, 3:22 am


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