Q: I HAVE A DURABLE POWER OF ATTORNEY FOR HEALTH CARE FOR MY WIFE. I WAS DENIED VISITS AND INFORMATION. DO I HAVE A CASE?
MY WIFE WENT TO URGENT CARE AND COULDN'T BE DIAGNOSED, SO WAS ADMITTED TO EMERGENCY ROOM. IN THE EMERGENCY ROOM, THE ADVANCE DIRECTIVE WAS ACKNOWLEDGED AND HER INFORMATION WAS GIVEN TO ME BY TELEPHONE. THE PROBLEM WAS WHEN SHE WAS ADMITTED TO THE HOSPITAL WING, I WAS DENIED VISITS AND INFORMATION EVEN THOUGH I TOLD THEM I WAS HER DESIGNATED AGENT. I WAS RESPONSIBLE FOR HER LIFE AND DEATH DECISIONS (BOTH PHYSICAL AND MENTAL) BUT WAS DENIED VISITS AND INFORMATION OF ANY KIND. PLEASE LET ME KNOW IF I HAVE A CASE.
A:
Based on the information you provided, it appears that the hospital may have violated your rights as your wife's designated agent under the Durable Power of Attorney for Health Care (DPAHC). In California, a properly executed DPAHC grants the agent the authority to make health care decisions on behalf of the principal (your wife) and the right to receive medical information about the principal's condition.
If the hospital denied you visits and access to information about your wife's condition despite being aware of your status as her designated agent, they may have acted improperly. However, to determine if you have a strong case, more information would be needed, such as:
1. The specific language of the DPAHC document
2. Whether the hospital had a copy of the DPAHC or if you provided them with one
3. The reasons, if any, given by the hospital for denying you visits and information
4. Any potential extenuating circumstances (e.g., COVID-19 restrictions, if applicable)
It would be best to consult with an attorney who specializes in elder law or healthcare law to review your case's specific details. They can help you determine if the hospital violated your rights and advise you on the best course of action, which may include filing a complaint with the hospital, the California Department of Public Health, or pursuing legal action.
In summary, based on the information provided, it seems that you may have a case, but it is essential to consult with a qualified attorney to assess your situation and advise you on the most appropriate steps to take.
A: THE OBVIOUS QUESTION IS "WHY WERE YOU DENIED VISITS AND INFORMATION OF ANY KIND."
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