Subject: Legal Complaint
Date: Thu, 09 Oct 2008 15:56:10
Dear Minister or To Whomever It May Concern:
Re: Complaint in favour of unregistered patient in Royal Victoria Hospital Barrie with (billed) Alternative Level of Care status- Complex/Rehab Ward 3SB -
Waltraut Trudi Goesseringer re request for expedition of CCAC Placement Status to Toronto Central Idle Bed/Crisis Bed
The Resident Bill of Rights below (particularly with respect to numbers 1, 2, 6, 9, 10 and 19) should also now apply to the above unregistered patient at Royal Victoria Hospital in Barrie who is being held in 3SB Room 3338 without her approval, especially if the hospital is seeking a co-payment and there is no right being provided to an independent medical opinion and discharge may be pending to an isolated hospital in Orillia or Penetang while family commutes from Toronto and California. Her medical chart contains numerous family fax requests regarding discontinuance of adverse medication and treatment for the past 4 months. Placement status was initiated with CCAC NSM Head Office while internist Dr. Kim McKenzie was away on holidays in August. Numerous issues with medication, treatment and placement were resolved with Dr. McConvey MD replacing him in August, but patient's condition was then diminished and deterioriated with the continuance of patient's and family's unapproved adverse medication and treatment upon and subsequent to Dr. McKenzie's return in September, with placement now being 2 months overdue after rehabilitation.
Of particular concern is the violation of number 9 in the Bill of Rights, in which patient/resident is now not being given the right to communicate with and receive visits of her number one caregiving daughter, the eldest, 54 y.o. and on disability, a resident of Toronto, who initiated and is now attempting to expedite patient's placement to a nursing home in Central Toronto, which results in the violation of number 1 - to be free from mental and physical abuse.
Patient also has the right to be fed. Daughter being denied visiting and communication rights has been feeding her dinner nightly for the past 4 months as well as monitoring her feeding tube and other meals, after witnessing much negligence and abuse with respect to the administering of medication (not crushed and being forced to swallow whole without applesauce and not one-by-one or via tube thus increasing stress and decreasing absorption of meds, causing extreme anxiety attacks and being left screaming nights and mornings until visiting hours, then being knocked out with hydromorph during visiting hours (and recently being overdosed on 30mg. of hydromorph instead of the prescribed 3mg. of same).
Note number 19 - every resident has the right to live in a safe and clean environment. Syringes were not rinsed and laxatives were administered to patient without her consent, often during her sleep via tube, with no solid food intake. Also no baths or showers were given after patient requested same almost daily for the past four months, thus leading to severe bladder (mrsa) infection and resultant bed sores from diarrhea with laxative abuse.
It is imperative that the complainant remain anonymous, as previous complaints have led to the banning of communication and visits to the patient while in hospital, with particular comment made by security officer (female) Kelley stating that daughter was not allowed to see her mother until she "has passed away"! (patient is 75 y.o. and genetically would have another 10 good years left of quality of life, if compared to her own parents who lived until their late 80s). Which leads to number 10 - every resident whose death is likely to be imminent has the right to have members of the resident's family present twenty-four hours per day.
Your attention, co-operation and investigation into the above matter would be most greatfully appreciated.
Sincerely,
/se
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Resident Rights provide bases for the provision of care for nursing home residents. This Bill of Rights is the law.
1. Every Resident has the right to be treated with courtesy and respect and in a way that fully recognizes the resident's dignity and individuality and to be free from mental and physical abuse.
2. Every Resident has the right to be properly sheltered, fed clothed, groomed and cared for in a manner consistent with his or her needs.
3. Every Resident has the right to be told who is responsible for and who is providing the resident's direct care.
4. Every Resident has the right to be afforded privacy in treatment and in caring for his or her personal needs.
5. Every Resident has the right to keep in his or her room and display personal possessions, pictures and furnishings in keeping with safety requirements and other residents' rights.
6. Every Resident has the right
a) To be informed of his or her medical condition, treatment and proposed course of treatment;
b) To give or refuse consent to treatment, including medication, in accordance with the law and to be informed of the consequences of giving or refusing consent;
c) To have the opportunity to participate fully in making any decision and obtaining an independent medical opinion concerning any aspect of his or her care including any decision concerning his or her admission, discharge or transfer to or from a home; and
d) To have his or her medical records kept confidential in accordance with the law.
7. Every Resident has the right to receive reactivation and assistance towards independence consistent with his or her requirements.
8. Every Resident who is being considered for restraints has the right to be fully informed about the procedures and the consequences of receiving or refusing them.
9. Every Resident has the right to communicate in confidence, to receive visitors of his or her choice and to consult in private with any person without interference.
10. Every Resident whose death is likely to be imminent has the right to have members of the resident's family present twenty-four hours per day.
11. Every Resident has the right to designate a person to receive information concerning any transfer or emergency hospitalization of the resident and where a person is so designated to have that person so informed forthwith.
12. Every Resident has the right to exercise the rights of a citizen and to raise concerns or recommend changes in policies, and services on behalf of himself or herself or others to the Residents' Council, Facilities Staff, Government Officials or any other person inside or outside the home, without fear of restraint, interference, coercion, discrimination or reprisal.
13. Every Resident has the right to form friendships, to enjoy relationships and to participate in the Residents' Council.
14. Every Resident has the right to form friendships, to enjoy relationships and to participate in the Residents' Council.
15. Every Resident has the right to meet privately with his or her spouse in a room that assures privacy and where both spouses are residents in the same home, they have the right to share a room according to their wishes, if any appropriate room is available.
16. Every Resident has a right to pursue social, cultural, religious and other interests, to develop his/her potential and to be given reasonable provisions by the home to accommodate these pursuits.
17. Every Resident has the right to be informed in writing of any law, rule or policy affecting the operation of the home and of the procedures for initiating complaints.
18. Every Resident has the right to manage his/her own financial affairs where the resident is able to do so, and where the resident's financial affairs are managed by the home, to receive a quarterly accounting of any transactions undertaken on his/her behalf and to be assured that the resident's property is managed solely on the resident's behalf.
19. Every Resident has the right to live in a safe and clean environment.
20. Every Resident has the right to be given access to protected areas outside the home in order to enjoy outdoor activity, unless the physical setting makes this impossible.
(Windsor Regional Hospital ~ 02 January 2009)
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