All Postings — Page 8

posted on October 17, 2014 by Brownstein & Nguyen

The Sound of Music and Real Life Immigration

The Sound of Music is not only considered one of the best musicals of all time – it is also one of the most famous stories of one family’s struggle to leave oppression behind for a chance at freedom and a new life in the United States. The movie hit the silver screen in 1965, and grossed over 280 million dollars. While this beloved family classic leaves many viewers singing and humming the catchy tunes, it may not be an entirely factual account of the Von Trapp family’s story (the move is loosely based on “The Story of the Trapp Family Singers” written by Maria von Trapp, the character played by Julie Andrews).

For a deeper look into the facts about the von Trapps, there is an excellent article in the National Archives publication, Prologue Magazine. The article, The Real Story of the von Trapp Family, identifies many of the truths that were not accurately captured for the Hollywood version of the story. Those differences aside, we do know that the von Trapp family left Austria to escape the Nazi regime and made the journey to the United States in search of a better life.

The National Archives holds U.S. court and Immigration and Naturalization Service documents relating to the von Trapp’s family pursuit of citizenship in this country. Those original documents might offer a glimpse into how complex and involved the process of becoming a United States citizen was in the past. But this also remains true today, as citizenship involves a complicated process fraught with the possibility of making costly mistakes. It can be so complicated that, in many cases, having qualified legal assistance at your side is essential to the success or failure of a citizenship application.

While the von Trapp family story is true, the reality of becoming a legal permanent resident or citizen of the United States is not as quaint or care-free as it might appear in the movies. Brownstein & Nguyen has represented thousands of individuals and their families seeking to make the United States their permanent home. Knowledge of complicated immigration laws and how to correctly navigate the maze of paperwork and procedures while avoiding pitfalls in the process of obtaining green cards, temporary visas, citizenship or permanent residence is something our Atlanta immigration attorneys have decades of experience in. Our Atlanta law firm is here to help make your dreams become a reality. Contact our offices at 770-458-9060 or fill out our Case Evaluation form today so that we can help you achieve the American dream.

Filed Under: All Postings, General News, Immigration

posted on October 10, 2014 by Brownstein & Nguyen

When a Volkswagon Beetle is Half a Billion Dollars

Start-up and small businesses are the life-blood of our struggling economy in Atlanta and nationwide. Whether financed through sweat equity or angel investors, it is easy to bump into someone pursuing their dream of owning a business. Often, that dream involves a partnership with someone who shares the same vision of small business ownership.

While there are many upsides to start-ups (in some cases millions of them), there are always considerable risks. Risk taking can be healthy when it comes to starting a business adventure in Atlanta. Growth and achievement do not happen without risk. However, it is important to be proactive in planning for and mitigating risks at the beginning. No one should start a business venture with someone else, even a family member, without a written agreement about how to handle future disputes and problems without destroying the business.

While an idea may grow into a business plan, and that initial shared dream may spring from friendship (or family ties), business partnerships often turn ugly. When partnerships are formed, there must be shared vision of what the overall direction of the business is and how to get there. Equally important, should a disagreement or business failure occur in the future, it is important to have built-in options for partners before the problem develops.

Take Domino’s Pizza for instance. In 1960 Thomas (Tom) Monaghan and his brother James borrowed $900 to purchase a pizza store. In 1961 James decided to trade his half of the business for a Volkswagon Beetle. Perhaps at the time this seemed like a wise move. However, after Tom Monaghan steered Domino’s into a household name, in 1998 he chose to retire and sold the company for $1 billion. Probably the worst investment decision James ever made was taking a Volkswagon Beetle for his stake in a business that would eventually be worth half a billion dollars!

While the Monaghan brothers didn’t have a family feud over money, one can easily see how it could happen. To avoid major financial and legal headaches, proper documentation must be planned and signed in advance of a business divorce, business dissolution, or business break-ups. Surely, all partners would want to make sure that they are fairly compensated for their time, sweat equity and capital investments, that their legal rights and obligations are clearly defined, and if necessary that the assets of a business are fairly divided.

With over 20 years of experience handling business litigation cases in Atlanta, the Atlanta business dispute attorneys at Brownstein & Nguyen are more than qualified to handle your situation. Brownstein & Nguyen offers their experience and expertise with all business law cases. Contact our law offices today for a consultation regarding your business problem or needs.

Filed Under: All Postings, General News

posted on October 6, 2014 by Jay Brownstein

Immigration Removal & Post-Conviction Relief

Criminal convictions, no matter how old, can be problematic for those seeking relief under U.S. immigration laws. Many criminal offenses charged as misdemeanors under state law are considered an “aggravated felony” for immigration purposes. Non-citizen immigrants, or “aliens,” charged by the government as having one or more aggravated felony convictions may be deemed “removable” and put into removal or deportation proceedings. Often, the way in which a sentence was written triggers removability under the Immigration & Naturalization Act (INA).

In 2010, the U.S. Supreme Court held that the Sixth Amendment requires that a defendant in a criminal proceeding be correctly advised of the immigration consequences of a guilty plea. Padilla v. Kentucky, 559 U.S. 346. The actual advice given varies with the particular circumstances of each case. However, following Padilla the Georgia Supreme Court ruled recently that where “the law is clear and deportation is mandatory…an attorney has a duty to accurately advise his client of that fact.” Encarnacion v. State (Sept. 22, 2014). The failure to do can present a claim of ineffective assistance of counsel – a potential ground for overturning a conviction based on a guilty plea.

For an immigrant facing removal based on a criminal conviction or guilty plea, there are several possible avenues of post-conviction relief. If the person pled guilty without adequate advice from counsel concerning immigration consequences (as in Mr. Encarnacion’s case), grounds may exist to seek to overturn the conviction through a habeas corpus petition filed with the state court. For the best chance of success, a habeas petition should be prepared and filed by an attorney experienced in post-conviction relief matters.

If a misdemeanor conviction is considered an aggravated felony under the INA due solely to the way the sentence was written, post-conviction relief in the form of sentence correction or clarification could be available. The attorney representing a person needing such relief would first obtain a complete copy of the court’s file in the criminal case, and then file a motion for clarification to ensure that the sentence intended by the court and actually completed by the defendant did not meet the criteria for an aggravated felony under immigration law. Often, relief from the sentencing court can be obtained by counsel first seeking the consent of the state’s prosecuting attorney’s office.

Finally, if neither of these avenues for relief is available one could petition for a pardon if the legal requirements for doing so are met. In Georgia, to apply for a pardon a defendant must have (1) completed all sentence(s) imposed at least five years prior to applying, including the payment of all fines, (2) lived a law-abiding life since the completion of the sentence(s), and (3) have no pending charges. Again, someone seeking relief in the form of a pardon is well-advised to seek the help of qualified and experienced legal counsel.

The Atlanta GA immigration attorneys at Brownstein & Nguyen have over 20 years of experience in immigration law, including representing clients in removal proceedings and seeking post-conviction relief for those who qualify. If you or a loved one is currently facing removal based on a prior criminal conviction, contact us today for help.

Filed Under: All Postings, General News, Immigration, Immigration Law

posted on October 3, 2014 by Brownstein & Nguyen

End of Life Care, Dreams, and Wishes

Joseph Andrey whispered his wish, “I want to go home, to my books and my music,” to his daughter and power of attorney Maureen Stefanides. Caught in a never-ending cycle, his wish to live and die peacefully at home was seemingly disregarded by a for-profit system that is understaffed, too rigid, and unsympathetic to last wishes. As much as Ms. Stefanides fought to honor her father’s wishes to go home, she was was never able to free him from the constant carousel of trips to the hospital followed by discharges to nursing homes and rehabilitation facilities.

These trips to the hospital and stays in nursing homes exposed Mr. Andrey to healthcare-associated infections and poor care, causing his health to further decline. With the infections and worsening medical condition, he was less qualified to recieve the home care that his daughter so desperately sought for him. So, Mr. Audrey continued on the circular journey from hospital to nursing home and back to the hospital again.

The case of Joseph Andrey is not entirely unique. The elder care and abuse attorneys at Brownstein & Nguyen have represented and advised clients dealing with end-of-life care issues such as those faced by Mr. Andrey and his daughter. The firm has helped those fighting the system to allow elderly loved ones to die in the peace of their own homes – the last bit of dignity and humanity they can be granted.

How can a system recognize and fulfill the individual needs of aging patients if facilities are over-run, understaffed, and ultimately motivated by profits? When it comes to end of life care, sometimes hurdles are in place that don’t seem to make sense. In Mr. Audrey’s case, he was allowed to return home twice but each time the home health agency responsible for his care terminated services, deciding his case was too costly and frequent hospital stays deprived caregivers of steady income. A merry-go-round of profit-driven nursing homes that only paid the highest reimbursements for the first 100 days after admission were the only alternative.

As life expectancy rates increase and quality of life challenges are faced with certainty by so many, how will your family deal with end of life issues like those Joseph Audrey and his daughter faced? At Brownstein & Nguyen, we do not claim to have all of the answers to the heartbreaking sagas that unfold for so many families. But we do take the time to listen and understand each individual situation, and if possible help fight for the healthcare rights and dignity of elder patients – including those nearing their end. If you are caught in a healthcare system trap, feeling powerless even with power of attorney rights, perhaps fighting to keep your loved ones at home to properly oversee their end of life care, contact Atlanta attorneys Brownstein & Nguyen.

Filed Under: All Postings, Elder Care/Malpractice, Featured, General News

posted on October 3, 2014 by Brownstein & Nguyen

Blowing the Whistle in Court

The vast majority of physicians and other health care providers endeavor to provide services and bill for them in an ethical, legal manner. Trust is at the core of the federal government’s provider reimbursement scheme under Medicare and other federal health programs. The federal government relies upon health care providers submitting accurate and truthful claims. The fact that some health care providers have exploited federal health programs for illegal economic gain has resulted in laws intended to combat fraud and abuse, improve patient care and protect tax payer money. Currently, there is a strong push in federal law enforcement to aggressively enforce federal fraud and abuse laws.[1]

The Federal False Claims Act, 31 U.S.C. §§ 3729-3733 (FCA), makes it illegal for health care providers to submit claims for payment to Medicare that the provider knows, or should know, are false or fraudulent. The FCA contains a whistleblower provision that authorizes a private citizen or “relator” to file a lawsuit on behalf of the federal government, and entitles relators to a percentage of any recovery. FCA whistleblower cases often assert violations of other federal fraud and abuse laws, such as the Anti-Kickback Statute, 42 U.S.C. § 1320a–7b (AKS), the Physician Self-Referral Law, 42 U.S.C. 1395nn (Stark Law), the Exclusion Authorities, 42 U.S.C. § 1320a-7, and the Civil Monetary Penalties Law, 42 U.S. Code § 1320a–7a (CMPL).

For relators, “blowing the whistle” becomes more than an abstract notion when it comes time to “plead,” or state, the claim in court. Assuming a claim has legal merit, getting it right in court is what determines success or failure. Following the law in reporting alleged wrongdoing is essential, including procedural law dictating how to properly plead a case. Rule 9(b) of the Federal Rules of Civil Procedure requires that “[t]he whistle must be blown not only loudly, but with Rule 9(b) particularity in the Complaint before the courts will listen.”[2] The concept of “particularity” is important to a federal whistleblower’s opportunity for success. This means is that a whistleblower complaint must state “facts as to time, place, and substance” of the alleged wrongdoing, and that “an actual false claim for payment [was] made to the Government.”[3]

A whistleblower must allege not only a fraudulent scheme but also that the fraud resulted in the submission of false claims to the government. If the complaint fails to include details of the presentment of actual false claims, the case, even if meritorious, could be dismissed at the outset. It’s not enough to plead with particularity the circumstances establishing the elements of an alleged scheme to defraud; rather, the whistleblower must “meet the minimum pleading requirements for the actual presentment of any false claims.”[4] A qui tam complaint that fails to do so is subject to dismissal. The rationale behind this strict pleading requirement is that a trial court should be satisfied from the complaint that there is a “sufficient indicia of reliability to support the assertion that the defendants submitted false claims.”[5]

Take, for example, a Medicare whistleblower case filed against a company providing medical testing services to long-term care facilities. The complaint alleged in detail six fraudulent schemes to defraud the federal government with unauthorized, unnecessary or excessive medical tests. However, the suit was dismissed because the relator failed to provide sufficient factual details regarding the presentment of actual claims to the government.[6] In another healthcare qui tam case, the 11^th Circuit appeals court affirmed a dismissal because the whistleblower failed to identify amounts and dates of charges submitted to the government.

As a practical matter, whistleblowers with direct knowledge of fraudulent conduct often lack access to specific evidence of the submission of false claims. Recognizing such evidence is typically in the defendant’s exclusive possession, courts often look to other factors in determining if there is “sufficient indicia of reliability” to allow a case to proceed. One important factor is the nature and extent of a relator’s personal knowledge. For example, a professional employee with knowledge of how the healthcare services she provided to patients were billed by her employer may be viewed as sufficiently credible to overcome a lack of detailed knowledge about the submission of individual claims.[7]

The rule requiring whistleblowers to plead federal qui tam cases with particularity serves an important purpose of alerting defendants to the precise misconduct they are charged with, and protecting against unsupported charges of fraud. Due to this and other procedural rules, however, it is paramount for potential whistleblowers to seek legal advice about whether and how to blow the whistle in court.

About the authors

Jay Brownstein and Kevin Little are experienced litigators who often represent parties in complex disputes pending in state and federal courts and before administrative agencies, including whistleblower matters. To learn about the authors, please visit their websites at www.bnlawatlanta.com and www.ksllawfirm.com, or email them at [email protected] or [email protected].

[1] In addition to record civil recoveries in healthcare fraud cases alone (over $12 billion from 2009–2013), a multi-agency task force called the Health Care Fraud Prevention and Enforcement Action Team (HEAT) has led to a 75% increase in criminal prosecutions of Medicare fraud from 2008 to 2011 alone. Since 2007, HEAT’s Medicare Fraud Strike Force has brought criminal charges against over 1,400 defendants accused of collectively falsely billing Medicare more than $4.8 billion.

[2] U.S. v. McInteer, MD, et al., 470 3d 1350, 1357 (11^th Cir. 2006)(“McInteer”).

[3] McInteer, supra at 1357.

[4] McInteer, supra, at 1358.

[5] McInteer, supra, at 1358.

[6] U.S. ex rel. Clauseen v. Lab. Corp. of Am., 290 F.3d 1301 (11^th Cir. 2002).

[7] U.S. v. R&F Properties of Lake County, Inc., 433 F.3d 1349, 1360 (11^th Cir. 2005)(nurse practitioner’s knowledge that services were billed “incident to” physician services sufficient for pleading purposes).

Filed Under: All Postings, Billing Fraud, Featured, General News, Healthcare Fraud, Whistleblower Claims

posted on September 26, 2014 by Brownstein & Nguyen

Elder Abuse in Georgia Unlicensed Personal Care Homes

The 65+ population is steadily growing. By 2030, the government predicts there will be almost 55 million citizens over the age of 65 in the U.S., or 16% of the total population. While medical and scientific advances continue to result in increased life expectancies, there is still a growing need for assistance in aging. Sometimes this assistance does not require the services found in a skilled nursing facility or home. Instead, some individuals and families turn to a personal care home or some sort of community living arrangement facility. Many such homes or facilities offer support for the day to day basics that individuals may no longer be able to carry out themselves. Tasks such as meal preparation, laundry services, walking assistance, medication reminders, and light housekeeping may be provided in these homes.

Unfortunately, there are situations in which these tasks and other matters of simple dignity of living are not delivered to residents of personal care facilities. Some personal care homes appear to exist solely for the purpose of billing and receiving money from the federal and state governments, providing little, if any, quality care to residents.

Depending on the qualifications, services and delivered, some care facilities or care homes are not required to be licensed. In the state of Georgia, there were 293 complaints regarding unlicensed care homes in the 2014 fiscal year. This was up from fiscal year 2013, in which 253 complaints were documented. And that’s just registered complaints. How many residents or their families fail to report elder abuse in personal care homes?

Complaints regarding the Uplift individual living facility in Valdosta, GA led to a 2 month long criminal investigation and culminated in a raid of the facility on June 19, 2014. Residents were freed from conditions entirely unacceptable for humans to live in and were relocated to another facility. Subpar care provided at the facility became apparent throughout the investigation, as the raid resulted in the arrest of six individuals for the abuse and neglect of disabled adults.

Sadly, the Valdosta incident is far from being the only situation in which individuals are mistreated in care facilities. In July, the Atlanta-Journal Constitution reported that a Cobb County woman had kept six elderly women in her basement in makeshift plywood rooms. Georgia Health News reports that 55 individuals have been rescued and transferred from 10 unlicensed personal care homes since June of 2014.

A simple awareness of the potential dangers of personal care homes and similar living arrangements for the elderly can save time, money and potential emotional and physical abuse of loved ones. Always make sure that proper research is done when choosing a facility for the care of an elderly family member. Should an unfortunate and heartbreaking situation of elder abuse occur, contact Brownstein and Nguyen – your trusted Atlanta medical malpractice and elder abuse lawyers – for skilled and compassionate legal help.

Filed Under: All Postings, Elder Care/Malpractice, General News

posted on September 19, 2014 by Brownstein & Nguyen

A Back Up Plan to Avoid RSIs

The occurrence of retained surgical instruments (RSIs) or unintended retention of foreign objects (URFOs), while not extremely common, is more frequent than one might imagine. Items left inside a patient after surgery, including instruments and other surgical tools or materials, can cause infection, medical complications, pain and discomfort, and may even lead to death.

Many hospitals and medical professionals follow strict procedures and policies in order to avoid the potential for RSIs. Even so, the Journal of American College Surgeons reported that an estimated 1 in 5,500 surgeries results in an RSI. While a variety of items have been left behind, the most common is a surgical sponge. These sponges, used to soak up blood during surgery, can be difficult to spot as they become camouflaged blood soaked objects. Often tucked into hard-to-see areas within the body, it is reported that sponges, surgical instruments and other items are most commonly left in the abdomen, thoracic cavity, vagina, and pelvis.

The traditional method used to prevent RSIs involved taking a manual count of all items used during surgery, including surgical sponges. Nurses compared a count before and after a procedure for an inventory of sponges and other surgical instruments. While this provided some accountability, there was still room for human error. With technological advances, however, surgical sponges are now fitted with a tiny chip that gives off a radio frequency. Surgical teams are then able to use a wand or a mat at the end of a procedure to verify if whether a surgical sponge has been left inside the patient.

This technology advancement has shown to significantly decrease the amount of surgical sponges left behind. As a result, hospitals are able to avoid costly legal ramifications, hazardous side effects, and the emotional distress that occurs when an RSI takes place. Find out more about RSIs with this CBS news report, or through the findings of the Joint Commission. Also, before going in for elective surgery ask what methods will be used in order to prevent the occurrence of an RSI.

While the frequency of these surgical mistakes is hopefully decreasing, it is important to know your legal rights. The medical malpractice and negligence attorneys at Brownstein & Nguyen have over 20 years of experience handling cases in Atlanta and throughout Georgia. Contact our legal offices today for a free case evaluation.

Filed Under: All Postings, General News, Healthcare Costs

posted on September 12, 2014 by Brownstein & Nguyen

Hollywood Immigration

Open a newspaper, watch the news, browse a news site, or listen to the radio and you’ll hear about immigration in the United States. Its hard to miss given the constant debates and arguments that the current system is broken. Unfortunately, a growing number of individuals and families have been caught in the middle of this sensitive political football. Some are stuck in limbo, waiting for government action, while for others time has run out as their families are torn apart and they are sent back to their home countries.

Hollywood has long found inspiration in true stories. In many cases, narratives are turned into realistic fiction but still document and highlight important issues that are sometimes overlooked. There is a certain power and connectedness that people share with narratives. This is certainly true when it comes to the topic of immigration captured on the silver screen.

In 2006 Tom Hanks portrayed fictional character Viktor Navorski in The Terminal, a movie about an immigrant from the fictional country of Krakozhia who was caught in limbo due to political turmoil back home. Viktor was unable to enter the United States, but was not permitted to return to his home country. Basically, he was without country. The movie depicts the challenges faced while living in an airport terminal while trying to gain entry into the United States. While this account is fictional, it is loosely based on the true story of Iranian refugee Mehran Karimi Nasseri who lived in a Paris airport for over seventeen years.

While Hollywood’s version of The Terminal is fictional, Nasseri’s story is true. Similarly, there are countless true stories currently unfolding for those seeking to make the United States their home. Many of these would-be immigrants currently waiting in place are in need of support from a qualified, experienced, and trusted immigration lawyer. Brownstein & Nguyen has represented countless individuals and families seeking help to live permanently in the United States. Our Atlanta immigration attorneys are ready to help with your real life story – contact us today for a consultation.

Filed Under: All Postings, General News, Immigration

posted on September 4, 2014 by Brownstein & Nguyen

Do Immigrant Children Deserve Due Process?

Due process is the bedrock of our legal system in the United States. Based on the guiding principle that every free person is entitled to adequate notice of a charge or grievance and a fair opportunity to be heard, due process encompasses fairness in both legal proceedings (procedural due process) and the application of laws (substantive due process). So important is due process to our democratic system that it is embodied in the 5th and 14th amendments to the U.S. Constitution.

In the eyes of the law, children are persons entitled to due process. Thus, one would expect that children appearing in our courts would receive due process including proper advance notice of a hearing and the right to a lawyer or attorney if they are accused of a crime or unlawful behavior. But is this true when we are talking about unaccompanied immigrant children? Recent evidence from Atlanta immigration courtrooms suggests not, as case after case involving unrepresented minors is heard at a remarkably fast pace.

In the last eighteen months, there has been a surge of unaccompanied minors crossing the border into the United States from Honduras, Guatemala, and El Salvador. Many of these children work alongside their families to scrape together every last cent to pay their way across the border in search for freedom from oppression and the promise of a better life. With their home countries being torn apart by gang violence and poverty, the hope of reuniting with family members is what keeps many of them going.

Where do unaccompanied minor immigrants go?

Upon crossing the border, the Department of Homeland Security (DHS) turns unaccompanied minors over to the Office of Refugee Resettlement. It is up to the Office of Refugee Resettlement to locate a parent, relative, friend of the family, or sponsor to help care for the minor until the time of their deportation proceedings.

What’s the connection with Atlanta?

While the surge of unaccompanied minors has made national headlines, it is very present here in Georgia and Atlanta. Over 1,400 unaccompanied minors have landed in the metro Atlanta area while awaiting their fate. The immigration courts seem to be pushing these cases through the courts at an alarming rate. In many cases, unaccompanied immigrant children are not represented and complex cases can get dismissed in the midst. Non-profit immigration lawyers who are willing to donate their time try and help unaccompanied children with valid legal grounds to stay. However, if cases are pushed through the courts at break-neck speed and legal counsel is not available or cannot devote the necessary time to dig deeper into individual cases, many children will fall through the cracks and be returned to the same terrible conditions they fled from.

At Brownstein & Nguyen we do not claim to have all of the answers regarding the current immigration situations. We do however, have years of experience as Atlanta immigration lawyers to offer unaccompanied children and their families seeking answers and representation. The immigration attorneys at Brownstein & Nguyen have successfully made a difference in the lives of countless individuals needing help with immigration law cases over the years. Contact our Atlanta immigration law offices today.

Filed Under: All Postings, Featured, Immigration, Immigration Law

posted on September 3, 2014 by Jay Brownstein

Medical Care Issues for Elderly Hospital Patients

You have an aging parent, spouse or loved one who you fear is no longer capable of making decisions about their own healthcare. You planned ahead and obtained a healthcare power of attorney so you can legally act on their behalf and make decisions for them when the time comes. But the last thing you anticipated is bad or negligent hospital care and fighting for your loved one’s rights to receive the best possible care. Unfortunately, this is an all-too-common scenario.

As we age, we eventually lose mobility, physical capabilities and mental capacity. Whether these things occur separately and gradually as part of the natural aging process, or suddenly and in tandem due to illness or trauma – at some point we all become incapacitated. When that happens, we are at our most vulnerable and particularly in need of significant care and assistance. Unfortunately, not all healthcare facilities and providers are equally suited to care for incapacitated elderly patients. This is especially true of hospitals and acute care facilities that are traditionally geared toward the short-term treatment of illnesses and injuries. Once patients reach a certain level of medical improvement, it is expected they will leave to the hospital to convalesce at home or be transferred to a skilled nursing, rehabilitation or other facility.

Elderly patients who are hospitalized – whether from a fall, heart issue or other health problem requiring urgent care – are at risk of a debilitating, and sometimes fatal, decline in physical and mental health. Such a decline can create a difficult set of circumstances not only for the patient and family, but for also the treating facility. Many hospitals are not structured or staffed to provide long-term care for incapacitated patients needing daily assistance to survive. This can include, for example, immobile patients who require frequent turning and repositioning to prevent skin breakdown and bedsores or decubitus.

When elder patients become physically or mentally compromised to the point of needing full-time assistance, hospitals are required to provide adequate care until the patient can be transferred to a more appropriate facility. Unfortunately, long-term care facilities such as nursing homes and rehabilitation centers are not required to accept patients, and many will reject patients depending on their condition. This problem can put aging patients and their families at odds with hospitals, which may be unable to provide adequate care necessary to ensure the patients’ well-being and comfort.

So, what can you do if your parent, spouse or loved one is in this situation? Here are a few suggestions, based on personal and professional experience.

Seek open communication with doctors and staff. It is critically important to consult and openly communicate with your love one’s treating physicians, nurses, and other staff members (for example, social workers or patient care coordinators) so you can have a complete understanding of the medical facts and their opinions concerning the patient’s condition(s), prognosis and treatment. Ask as many questions as necessary to help gain such an understanding. Learn what care options are available for your loved one, given their condition. You might consider keeping a journal and taking detailed notes of your conversations with physicians and hospital staff, so later you can recall who said what.
Work to resolve disagreements concerning care amicably. If a dispute arises concerning the appropriate care or best course of action for your loved one, seek to resolve it by working cooperatively with physicians and hospital staff. If possible, try to craft a solution that is in the patient’s best interests and also satisfies the goals of the family and hospital. Keep in mind that healthcare providers and agents (family members with power of attorney) must always act in the patient’s best interests, and that professional providers’ views of what that might be in a given case may differ from those of the patient’s family.
Address concerns with hospital administration. If you are unable to adequately resolve concerns or reach consensus on the best course of action and care for your loved one, ask to meet with a hospital administrator. Before meeting, you may wish to first provide a detailed outline of the situation in a memo or letter (the journal you kept will come in handy). Work to keep the meeting constructive and focused on achieving a resolution that best meets the needs of the patient, family and hospital. Be sure that appropriate individuals attend the meeting, including a decision-maker for the hospital and possibly a treating physician or other medical professional knowledgeable about your loved one’s condition.
Contact an elder care attorney. If all else fails, consider contacting a qualified elder care attorney for consultation and possible representation. Such an attorney can assess the legal circumstances and provide advice about the best course of action to achieve the family’s goals. The attorney can also intercede on the family’s behalf and seek a resolution with hospital officials, both by making written requests and also by communicating with the hospital or legal counsel. Finally, as a last resort, the attorney can petition a court for relief on an emergency basis, if warranted by the circumstances. Courts may use their extraordinary equitable powers to order certain actions be taken on behalf of the family and patient.

If you are experiencing poor or inadequate hospital care for an elderly patient, or find yourself in a dispute over proper care for an aging parent, spouse or loved one, contact the elder care and medical malpractice attorneys at Brownstein & Nguyen. Our Atlanta lawyers have years of experience fighting for the healthcare and legal rights of the elderly and their families.