Dallas, TX asked in Health Care Law and Elder Law for Oklahoma

Q: Can caregiver get in trouble for delayed care after stitches?

My cousin, who has Alzheimer's, received stitches at a hospital in Oklahoma. Her husband, who holds power of attorney, advised waiting to see how she would do before seeking further medical treatment, as she seemed absolutely alright, just like another day. Hospice mentioned it wasn't that bad, but I'm concerned. Can my cousin's caregiver get in trouble for following the husband's advice to delay additional care?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If the husband, who holds power of attorney, made the decision to delay further medical treatment, the caregiver may be following his guidance, as long as the decision aligns with his legal authority and understanding of the situation. However, it's important to consider whether the delay in care could result in harm or worsen your cousin's condition, especially if her health deteriorates later on. If there was any indication that more immediate medical attention was necessary, this could raise concerns about whether the delay was in her best interest.

Hospice care providers and healthcare professionals are often consulted for their opinions, but the caregiver's role is to follow the guidance of those with legal authority, as long as it's reasonable and aligns with their loved one's well-being. However, if there's a risk of harm or if the delay turns out to have caused further injury, this could lead to legal issues.

In this case, you may want to consult with a legal expert to ensure that the decisions made were within the boundaries of the law and your cousin’s best interests. It’s important to take every precaution and ensure that the decisions made don't put your cousin at unnecessary risk of harm.

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