Medical Malpractice Attorneys and Lawyers

Medical Power of Attorney document.?

What are the legal consequences of disobeying the requests of the person named as another person's Medical Power of Attorney, especially when the requests were in the patient's best interest? A nurse continued to administer medication after repeated requests by the patient's POA, to discontinue a drug that was causing the patient pain and suffering. A medication that was unnecessary for the patient's survival, and was ultimately causing the patient to be combative and irrational. The prescribing Dr was shocked, asking if the nurse had lost her mind. The Dr is obligated to get written permission from the POA before prescribing ANY medication for the patient, and cannot over ride the POA's decision to discontinue any and all meds at any time. No. This is NOT an end of life issue. It is Saturday night. Our attorney is unavailable until Monday. This will aggravate me till I can contact him or get some idea what our next step will be Thank you Thank you for your answers. A few more details: The patient is in a nursing home with Alzheimer's, and is far beyond competent. She reacts badly to antipsychotics (makes her more psychotic and hard to handle). The prescribing Dr and our attorney said her son (holder of the POA) has the final word in everything and is above question from anyone. They both said the nurse has lost her mind. The owner of the care facility is very nervous. We aren't the only family with issues because of her God complex. If "mother" behaves badly enough, she will have to be moved to another facility. Hence the overdosing with meds to make her behave badly. This "professional" is a menace.

Public Comments

1. You can most certainly take legal action. To what extent, I can't tell you, but your attorney will able to help you.
2. Go to the Patient Advocate (sometimes called the Ombudsman). Show them the power of attorney. Have a letter to them that states the following: #1. Explain that the nurse has violated the power of attorney and that you will hold the Hospital criminally responsible if she is allowed to treat the patient again. #2. Explain that there is to be NO medical treatment prescribed, other than live saving intervention, that is not first, preapproved, by you, in writing. #3. Provide them with contact numbers, including your attorney. Get a copy of the letter, signed by a Hospital Official, (Not the advocate). Give it to your attorney, file criminal charges against the nurse (you can drop them later if this works out, but you have to wake the Hospital up to the fact that you are serious) and negligence charges against the Hospital. Threaten to bring in the news services for an "in depth" investigation. Get mad!
3. the nurse is not to d/c or give any medication to a patient under any circumstances unless there is a telephone or written order by a doctor. the POA only steps in if the patient is not alert and orientated enough to make decisions on their own, and still they only have so much say medically. the doctor only has to consult the POA about the patients treatment if it is specifically written in the patients advanced directives. if the family of the patient has any type of concerns about any meds that their loved one has been given then they are to consult the doctor. as a nurse you are to do what the doctor says and not what the patients family requests even though it should not be that way. if the family does not want something done, then it is the doctors job to sit down with them and explain the consequences of not doing what the Doctor recommends. it is a different story if the patient refuses the meds, then there is nothing that you can do. when there are any issues with any patient it is always best to discuss it with the charge nurse or the doctor just to cover you own butt. as far as legal consequences it depends how far the doctor or family wants to take it. if there was no harm done to the patient, then you just might get written up. but if their was medical damage, its possible you could lose your liscense.