Legal dilemma - can hospital override mums wishes?

I am the main cater for my elderly relative. She has Cancer and we suspect that she is reaching end of life care. She does not want to die in hospital and wants to be at home. I hold Ladying Power Of Attorney. Mum has a fracture in the Spine that is healing and Pneumonia that she is being treated for... can the hospital override he wishes by not allowing her home to die ?

Thanks in advance... any info will be greatly received.

  • So many variables. Not an easy question to answer without providing more detail. One of the most important parts is whether she's in sound mind as to make decisions for herself. If not, that's where things get complicated, and the hospital can and do override decisions.

    They have to cover their own back too. For example, if she's in such a bad way, that the journey home would likely kill her or seriously put her at risk, then keeping her in makes sense from a litigation pov. I mean, say something was to happen to her on the way home, how would you react if it transpired the hospital should never have let her do that journey? I know she's at the end of life, but there's a difference between natural causes and negligence.

    You're needing to speak to the hospital or seek advice from people who know the full story and have all the details at hand. It's not something someone on here can answer, unfortunately.

  • Hi Bev2103, there has to be a safe discharge because if not then the hospital could be held responsible for sending her home without all the care in place that she needs.  Obviously she can sign a discharge letter herself this then leaves no comeback on the hospital. 

    Hope that this explains the situation better.  Kind regards, Carol 

     

  • "Usual rules" go out the window in some circumstances, dying being one of them. It helps that your mum is an adult and Carol makes a really good point. But, as ProfBaw has said the situation can get more complicated especially when there are Mental Capacity issues or the person is deemed vulnerable in some other way. I had a difficult situation years ago with a child – the equivalent of a vulnerable adult perhaps.

    I had built a good rapport with the doctors and was allowed to take my potentially dying child home on the grounds no more medicine could be tolerated, there were risks to staying in hospital and PICU wasn't going to be an option. The doctors were very upfront about the fact there were no more treatments. We had to go back for a ward review, however (not outpatients) and were advised we could return to hospital at any point. My child could not be given a full discharge as discharge guidelines (which the hospital had to follow) were not met. 

    What I am trying to illustrate is that sometimes where a vulnerable person is involved the decision to go home depends on what the doctors feel about the care situation. It isn't black and white and a spinal fracture will lead to a lot of caution and, depending on how serious it is possibly a bar on leaving hospital. The care you can provide at home may swing it, but there would also need to be "safe" (relatively speaking) transport home given the spinal fracture. I agree with ProfBaw that you need more information. 

     

  • Thank you for your replies.... I understand what your saying but they fischargrf her from hospital with a spinal fracture 3 weeks ago. The main reason she went in this time was a chest infection. They seem to be getting in top of this now... although it is likely that it will come back again. 

  • That sounds more optimistic. I hope you are able to get what you want for your Mum and feel is in her best interests. I think you should stress to the doctors the care you are able to provide at home – they might want someone with her 24/7 – and remind them that being in hospital can be very risky (in terms of picking up more infections). If she is on IV antibiotics still you would need someone with nursing experience at home. Good luck! xx