when you think a hospice agency did something wrong what kind of attorney do you need

by Justice Reichert 8 min read

Is a hospice patient suffering because of her diagnosis?

Jul 03, 2019 · When making a complaint about hospice care, the Alliance recommends the following: Speak with the Hospice RN Case Manager about grievances and concerns. If the issue is not resolved, ask to speak with the hospice agency’s Medical Director/Manager. If the problem remains unresolved, send the agency a certified letter restating your complaint ...

What is a nurse’s legal responsibility when caring for a hospice patient?

All hospices listed on the website you are visiting now are licensed by the State of New Jersey. If you would like to speak to a NJ hospice attorney, contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at [email protected] to schedule a consultation about your particular needs.

How does hospice care address the needs of the patient?

Dec 01, 2021 · A hospice is a public agency or private organization or a subdivision of either that is primarily engaged in providing care to terminally ill individuals, meets the conditions of participation for hospices, and has a valid Medicare provider agreement. Hospice care is an approach to caring for terminally ill individuals that stresses palliative ...

What did nurse express concern about her care of elderly hospice patient?

Jun 29, 2013 · We really need more facts about what you think the doctor and hospice did wrong. As for the woman, Missouri does not recognize common law marriage. Unless she had a durable power of attorney she likely did not have authority to act on his behalf. Your remedy would be to sue her for what she took.

How do you make a hospice decision?

Keep these factors in mind when evaluating and choosing a hospice provider:Evaluate the hospice provider's history and reputation before you decide. ... Check the provider's certification, licensing, and offerings. ... Make sure the hospice program meets your specific needs. ... Explore extra services.

Who should make end of life decisions?

Without legal guidance, the most frequent hierarchy is the spouse, then the adult children, and then the parents. 13 Physicians should encourage the decisions that best incorporate the patient's values, realizing that the most appropriate source for this information may not be the next of kin.Aug 15, 2004

What are the four levels of hospice care?

What Are The Four Levels of Hospice Care?Hospice Care at Home. VITAS supports patients and families who choose hospice care at home, wherever home is. ... Continuous Hospice Care. When medically necessary, hospice providers must offer continuous hospice care. ... Inpatient Hospice Care. ... Respite Care.

What legal documents allow a dying patient?

Here are the four most common end-of-life documents you should have.Last Will and Testament a.k.a. Will.Durable Power of Attorney.Durable Healthcare Power of Attorney a.k.a. Medical Power of Attorney.Living Will a.k.a. Advance Directive.Jan 7, 2020

What is passive euthanasia?

Passive euthanasia: intentionally letting a patient die by withholding artificial life support such as a ventilator or feeding tube. Some ethicists distinguish between withholding life support and withdrawing life support (the patient is on life support but then removed from it).

What will happen if a patients family members disagree about the care of an incapacitated patient?

When a proxy makes decisions that other parties, such as family members, disagree with, the authority of the proxy can be challenged. In order to address this issue, patients often draft a living will, which attempts to clarify the wishes of the patient.Dec 19, 2017

Does insurance cover hospice care?

Hospice care: Health insurance usually covers hospice care. It's also covered by Medicare and Medicaid. You are eligible for hospice care regardless of your ability to pay.

What are 3 types of care provided by hospice?

Hospice offers four levels of care, as defined by Medicare, to meet the varying needs of patients and their families. The four levels of hospice include routine home care, continuous home care, general inpatient care, and respite care.

What is comfort care vs hospice?

What is Comfort Care? The term “comfort care” is often used to describe hospice care; they are the same thing. The term refers to the goal of care which is to keep the patient “comfortable” by managing their pain and symptoms, and relieving anxiety, to improve their quality of life.

How do you get something in order before death checklist?

Gather Important Documents and Contact Information.Execute a Last Will and Testament.Complete a Living Will or Advance Directive.Put in Place a Power of Attorney.Establish a Living Trust.Update Your Beneficiaries.Secure Your Digital Assets.Plan Final Arrangements.More items...

What should be in a death folder?

Here are some examples of documentation that could be included in your in case of death file:Will.Living trust.Power of attorney.Life insurance policy.Birth certificate.Marriage license.Bank and credit card accounts.Loan documents.More items...

What is the end of life document called?

An advance directive is a form in which an individual: (1) appoints a person or persons to make health care decisions for the individual if and when the individual loses the capacity to make health care decision (typically called a “health care power of attorney”); and/or (2) provides guidance or instructions for ...

What are the rights of a hospice patient?

The hospice also has the right to discharge a patient. Some reasons might be that: 1 the patient’s condition has stabilized and does not require hospice services at present 2 the home environment is not safe for the hospice staff and/or volunteers 3 the patient has moved out of the hospice’s service area, or 4 the patient refuses to comply with the hospice’s plan of care.

How does hospice work?

Hospice seeks to reduce the patient’s physical pain, often using morphine. A patient on morphine often develops a natural tolerance to the morphine over time, requiring the hospice to use larger doses of morphine to keep pain to a tolerable level. Larger doses of morphine may depress respiration (breathing) as a side effect, sometimes to the point where a patient stops breathing. This is called the “double effect,” which is accepted medical practice, widely accepted by religious groups, and in keeping with hospice philosophy, which seeks to ease a patient’s suffering while neither hastening nor delaying death through artificial means.

Can you be homebound in hospice?

Sure, you can. There is no requirement in hospice that a patient be home-bound or bedridden. In fact, some hospice patients visit their loved ones in far-off cities. Others are on their feet the very day they die. There are only two requirements for admission to hospice care: (1) a patient must wish to forego further curative treatment and instead seek comfort; and (2) two physicians must certify that the patient suffers from a terminal illness and has a life expectancy of six months or less.

What is hospice care?

In addition to meeting the patient’s medical needs, hospice care addresses the physical, psychosocial, and spiritual needs of the patient, as well as the psychosocial needs of the patient’s family/caregiver.

Is hospice a public agency?

A hospice is a public agency or private organization or a subdivision of either that is primarily engaged in providing care to terminally ill individuals, ...

Do hospices have to be certified for Medicare?

Although some hospices are located as a part of a hospital, nursing home, and home health agency, hospices must meet specific Federal requirements and be separately certified and approved for Medica re participation.

James Otto Heiting

What do you want help with? A probate case? Inheritance? Getting medical records? Suing the doctors, staff, or hospice? Suing your dad's "common law wife"? I am sorry to read of your dad's passing and the frustration you are having with the circumstances; but it does not seem like this is a matter for a wrongful death suit or claim.

Josh P Tolin

As Mr Davis said, the reason for hospice care is to give palliative care for terminally ill patients. Yes, they do over medicate at times. My father was in hospice last month and I know when he was laboring breathing that they gave him a lot of morphine which cause him to stop breathing and it was meant to alleviate suffering.

Kelly Scott Davis

Are you saying that your father should not have been on hospice or are you upset that he died while in hospice care? The purpose of hospice is to provide a person who has a terminal condition and will die within six months with comfort care, also known as palliative care.

What is hospice care?

Hospice, as you may already know, is a package of palliative care services specially designed to support people who are dying, and their families. Medicare covers hospice services for older adults if a physician can certify that the person is likely to die within six months. Hospice care usually includes the following:

How long can you live with dementia in hospice?

is unlikely to live more than six months). That’s because Alzheimer’s and other dementias usually progress much more slowly than advanced cancer does.

How long does a person with dementia live?

Medicare does provide some guidance to clinicians, to help them determine when a person with dementia may have reached a six-month life expectancy . Here is an excerpt from Medicare’s Hospice – Determining Terminal Status Guide ( LCD L33393) :

What is the best medication for hospice?

Benzodiazepines such as lorazepam (brand name Ativan) are very commonly prescribed in hospice. Usually, the order says to administer a certain dose, at a certain interval, “as needed” for anxiety or agitation. Benzodiazepines may also be prescribed to treat symptoms such as nausea, insomnia, or seizures.

What to do if you're concerned about the care your relative is receiving during hospice?

If you have the energy to do so, I recommend first being proactive right when the hospice care begins. In particular, I recommend: Asking to see what medications are being ordered, and under what circumstances they’ll be given.

How often can you change hospice provider?

According to Medicare.gov, you have the right to change your hospice provider once during every benefit period. (Hospice benefit periods are initially 90 days, and after 6 months switch to 60-day periods.) Consider filing a complaint with state or federal authorities.

What is hospice for dementia?

Hospice for People with Dementia. Hospice services are intended to provide support and assistance, regardless of what illness a person is dying from. That said, in the early days, hospice especially served people dying of cancer, rather than people dying from a slow terminal illness such as Alzheimer’s disease.

What is CHPN exam?

Hospice and Palliative Nursing (CHPN ®)#N#(15 contact hrs)#N#Prepare for the hospice and palliative nurse certification exam with this CHPN ® certification test prep course. Become a specialist by mastering the knowledge required to holistically care for patients and families dealing with terminal conditions.

Why did the nurse give the patient a drink of water?

The nurse, knowing the medications were not needed and the amount requested “could potentially kill her ,” instead gave the patient a drink of water.

Where did the nurse care for the hospice patient?

It is not clear where the nurse was caring for the hospice patient — in her home, an established hospice facility or a healthcare facility with a hospice program. Regardless of the setting, the nurse seems to be without a resource or resources to resolve her concerns. There is a wealth of information in nursing literature about ...

What is the legal responsibility of a nurse?

A brief legal analysis. A nurse’s legal responsibility when caring for a patient in any setting is to provide care based on standards of practice. The nurse’s assessment indicated the hospice patient was not suffering because of her diagnosis, at least at that time. A family’s request to give a medication when not needed or when ordered only ...

Why is seeking input from resources within your institution or from a trusted, knowledgeable source if not in a facility

When in doubt, seeking input from resources within your institution or from a trusted, knowledgeable source if not in a facility, is essential to helping meet legal and ethical duties when caring for patients. Attempting to solve a legal or ethical dilemma or question alone is simply not wise.

Is C diff a serious condition?

Although C. diff is a serious condition that can lead to death if not properly treated, the nurse’s assessment of the patient seems to point to the condition not being serious enough to require hospice care, based on the information in the reader’s submission. The nurse might suggest palliative care is more consistent with the patient’s condition.

Is palliative care more consistent with the patient's condition?

The nurse might suggest palliative care is more consistent with the patient’s condition. Regardless of the uncertainties of the situation this reader describes, the nurse was legally correct to refuse to give the patient the requested medications.

How long did Bob Martin wait for pain pills?

Patricia says Bob waited four days in hospice for pain pills while suffering from immense cancer-induced pain and that the Martins waited another six days for liquid pain medicine when Bob could no longer swallow pills. The doctor was on vacation, then asleep, but the family had signed up for 24-hour care. Bob Martin died on Jan. 4, 2014.

How much does hospice pay for Medicare?

After all, hospice agencies receive $16 billion a year in federal Medicare dollars, the Time report says, and many providers are run by for-profit companies and publicly-traded firms. Companies often make a profit off hospice care, while some patients are shortchanged and forgotten.

How many hospice complaints have been filed?

Families and caregivers have filed more than 3,200 hospice complaints with state officials in the past five years, Time reports. These grievances prompted government inspectors to uncover issues in 759 hospices, but according to the Centers for Medicare and Medicaid Services (CMS), consequences or termination are rare.

Who is Grace Birnstengel?

Grace Birnstengel was an editor, reporter and writer for Next Avenue. She focused on in-depth storytelling and the intersections of identity and aging. Read More. By SCAN Foundation.

What happens when a patient doesn't get the care they need in hospice?

"Do not go gently into that good night...Rage, rage against the dying of the light."

About VivaLasViejas, ASN, RN ( Guide)

I'm a registered nurse and writer who, in better times, has enjoyed a busy and varied career which includes stints as a Med/Surg floor nurse, a director of nursing, a nurse consultant, and an assistant administrator.

How to be your own best friend?

You have to be your own best friend, and you have to decide who you are at the core. Begin the process of closure by not reacting to what you think people are saying about you. If you allow yourself to be intimidated, feel guilty or shrink away because of what people think, you are putting yourself in a prison.

What happens if you defend yourself?

If you decide to start defending yourself, that will become your full-time job. If you answer every story, every piece of gossip, every allegation in your life, that's all you will ever do. You will be completely consumed by this, and it will take over your life. Stop reacting to the rumors.

What happens if you don't like people?

If there are people out there who think something about you that you don't like, then those won't be your friends. There will be other people who will like and respect you for who you are, and they will be your friends.

How to rebuild your reputation?

Begin with your inner circle. Start rebuilding your reputation with your family, close friends and neighbors. You make sure they know the truth. When your inner circle knows who you really are, they will go out into the world with the truth, and it will create a ripple effect.

How to say "I'm not going to give them the power to pick my feelings"?

They're wrong, and I can look myself in the mirror knowing the truth.". You have to decide that you believe in who you are, what you stand for, and what you do, and you just need to go forth and do it. You need to walk forward from the situation.

Can false accusations destroy lives?

False accusations and gossip can destroy lives, even if the accused is innocent. If your reputation is under attack, Dr. Phil has advice on taking your power back: Accept that there is no way you can erase what has happened. Even though the accusations may be unfair and untrue, the situation is real. You need to get out of denial about that in ...

Do you need to bring this up the rest of your life?

You don't need to bring this up the rest of your life, but in your immediate circle and in this immediate time, you want to step up and tell them the truth. Understand that people might come forward to admit they were wrong. And they might not. It is up to you to put this behind you.

What is the first option for a civil lawsuit against a false accuser?

One of the first options for pursing a civil lawsuit against a false accuser is defamation, which comes in two forms: slander and libel. A defamation suit in general is just one that claims that the defendant made some kind of statement about the plaintiff that was untrue, but there are several aspects that are required to find a guilty conviction. These include:

What is qualified immunity?

Qualified immunity also requires that the defendant not have made the statement with malicious intent. Obviously, it’s a good idea to argue against the aspects required for defamation, such as proving that the statement was actually true, as this would automatically disqualify any defamation charges.

How to defend against false accusations?

Defending Against False Accusations. The first step you probably want to take when being falsely accused is getting a lawyer. Remember, after all, that you may have a case for suing for damages at the end of this. But that will require a not guilty verdict for you, which is much more likely with a good lawyer.

What is the danger of false accusations?

The Danger of False Accusations. False accusations occur when someone is accused of doing something they didn’t do. This can happen in any number of ways, varying from: Knowingly falsely accusing someone of a crime. Unintentionally falsely accusing someone of a crime. Accusing the wrong person of a crime.

How can a defamatory statement be published?

That means that a defamatory statement can be published by being spoken out loud, recorded on a video or audio recording, published on social media, written in a newspaper or digital publication, posted on YouTube or some other video platform, shared in blog posts, and any other number of methods.

How long can you go to jail for falsely reporting a crime?

In most states, this will be a misdemeanor charge, which can come with up to a year in jail and a fine. The more severe the crime that was falsely reported, the more likely it is to have a more serious sentence, sometimes even leading to a felony charge.

What happens if you are falsely accused?

And there can be countless other consequences that come with being falsely accused, such as legal fees, negative publicity, loss of parental custody, unjust prison time or other sentences, and loss of employment and other positions. The good news is that you may have a path for legal recourse to gain some justice in your situation.