Hypoxia and Medicine

This LEGAL question about letting a patient die without her consent?

I just placed an extremely long story_more than a question in itself_in the health section, but it was placed by yahoo in the pregnancy one. I've asked people to search for it there so they can help me. But it seems to me I should also be adding it here int he LEGAL one: An elderly person who suffers from respiratory and heart problems, but who very much wants to live, is not being treated properly by medical staff, including doctors. The story is extremely long but I'll tell it as brief as possible: She's in her early eighties, was misdiagnosed with cancer based simply on one X-ray and fact that she was long time smoker and looked thin and frail. Previously had been told couple years earlier she was suffering from emphysema. But doctors ignored this and went ahead with cancer diagnosis. Was basically sent home to die, without any other tests or further X-rays, etc. Months later while in emergency room_due to lack of proper meds and treatments_doctor going by wrong diagnosis to which I informed him about, went ahead and did complete brain scan and apparently scans of lungs as well. He came back with news of zero cancer in brain, and only scaring in the lungs, which everyone else should have known about by then and which we were told couple of years earlier. Now, and after many doctors repeating that she's at end stage of COPD, and suffering from CHF, attrial fibrillation, high blood pressure, apparent damage to adrenal glands_and who knows if anything else, for they only search for further things once I've either repeatedly asked or given the WHOLE LIST OF SYMPTOMS, whether new or old_she's been sent home once again earlier than she should have, even after having suffered much blood loss couple of hours before discharge from hospital. Doctors main concern is to inform me she's at end stage, that next time they will probably not intubate her, that social workers can send hospice home, and that if family wants her to live like this. I thoroughly explained IT IS NOT ONLY FAMILY who wants her to live IT IS HER as well. She insists on been taken to hospital when she knows her breathing is not right. At this very moment she's at home, having had a really bad night. Once again whole family is guessing as to what it could be. She was shaking for quite some time at midnight. It could well have been the 37 degrees temeperature outside and her insisting on not been covered for she's always hot even when others are freezing. Still I did cover her, gave her the 30mg dialtizem prescribed, plus the 10mg prednisone, plus the pepcid. And I also gave her the tiny dose of Xanax which is the .25 prescribed by physician three days ago. I know for a fact that if she were at hospital they would check out for all symptoms before deciding to give her xanax. I wouldn't have given it to her because her breathing has not been normalized since coming back. They keep sending her home in very poor condition. I could describe in perfect details why I know this is the case. They had also offered to send a nurse and a hospital bed and NOTHING has happened. I know that most people would say "Just suit them!" And the many suits to hospitals, doctors, etc. are very well deserved from what I have experienced in nearly a dozen hospitalizations in these last three years. I do know also that MEDICARE apparently refuses to pay for certain things. I have no idea which. I would very much need LEGAL counsel but cannot afford to spend days on the phone searching for lawyers whom would probably take the case once she IS DEAD. Is there a COURT I can go to to make sure this person is not left to die this way?

Public Comments

1. This woman has lived a nice long life, she has evidently absued her body (being a smoker for many years) and although she may want to live, there may just not be anything the doctors can do for her. Get Hospice involved, they will help her and her family accept what is happening. Nobody is really ready to die, but evidently this woman's time on earth is coming to an end. Good luck.
2. I agree with the poster above. There are times when there is absolutely nothing that can be done to save a person's life. Hospice will make sure that she is comfortable and as pain free as possible until the end. While most people would rather live than die, there are times when the hospital can really offer no hope no matter what the patient wishes. She is clearly coming to the end of her life and prolonging it is not doing her any favors.
3. You seem to be very adament that this woman get the medical treatment she needs, and I commend you for that. We should never just assume that she's lead a full life, so let her go. She is being misdiagnosed because they dont want to put in the effort and her insurance just isnt good enough. Since you've been helping this woman and have been verbal enough to push them for more tests, Im gonna assume that you have already threatened medical malpractice suit. Not actually attempt it, but just threatened. They will do their best to get away with as much as possible. They want to get paid. So if you threaten them with 'contacting your attorney and will file a medical malpractice suit against the doc, the hospital, and anyone else involved in her care', you may get more results (even if you dont have an attorney). If you have already done that, then you may need to contact a personal injury lawyer and tell them from the beginning that it is concerning an emergency situation of medical malpractice. You need action now, not 6 weeks from now. You can also call the district attorneys office and ask what court you need to contact in order to enforce emergency medical procedures. Oh! I found a law that actually prohibits the actions they are taking. It is called EMTALA (Emergency Medical Treatment And Active Labor Act). Throw that in their face and see if they refuse to test her. Heres the link: http://library.findlaw.com/2001/Jan/1/126650.html
4. Contact your local aging agency. They can get you in contact with the proper people you need to talk to. A phone number should be in the blue pages of you phone book. She should be on different meds. The prednisone is what is probably causing her adrenal problems if she has been on it for longer than about 7-10 days. That med cannot be stopped abruptly,it must be weaned out slowly as to not cause further damage to the adrenal gland. She should also be on some type of water pill such as Lasix for the CHF. I am in no way telling you what meds you should give her,just making observations from my years as a nurse and seeing similar cases. It is sad that people have the idea that since she is old she should just lie down and give up. She has as much right to proper medical care as anyone else. It seems our older people get shoved out the door,hoping they will die. Too much trouble to help them. Attitudes are,they are old and are going to die soon anyway,so who cares. It makes me angry. I've seen it over and over again during my years working as a nurse. It will be far worse if we ever get universal health care in this country. She wants to live as long as possible and she should have that right. Fight for your family member.