Legal Question in Elder Law in California

My 85 year old mother fell and broke a bone in her back. After the hospital visit she went to skilled nursing where after 2 months she developed a Stage 4 bed sore. Frustrated, she demanded to go home where Home Health Care took care of her for a week before she had to be remitted to the hospital for the bed sore. They discovered she has MRSA now. After 1 week in the hospital and against the doctors orders she is demanding to be released again so she can go home.

Is there anything I can do to keep her from going home where she will probably not recover? A friend said she is responsible for the medical bills if she goes against the doctors orders. Is that really true? I am really at a loss on how to get my Mom healthy again by keeping her in the hospital or skilled nursing. Any help is appreciated.

Katy


Asked on 11/29/14, 7:56 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

She may have a case against the nursing home for allowing her condition to get where it is now. I've handled similar cases and I suggest you contact a lawyer as soon as possible.

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Answered on 11/30/14, 12:28 pm
Len Tillem Tillem McNichol & Brown

Katy,

Your mother has a constitutional right to refuse medical treatment, even if doing so hastens her death. I can even understand your mother's point - that's where she contracted MRSA.

The only way you would be able to compel your mother to receive medical treatment against her will is if you were to be appointed her conservator and was granted specific authority to compel medical treatment.

Mr. Tashjian is correct - you should not discount the possibility of a lawsuit for medical malpractice and elder abuse.

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Answered on 12/01/14, 9:56 am


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