The hospital was relentless with pushing hospice on my mother and family. They were so aggressive in pushing hospice that my mother and family was scared. Then there were incidents 3 that occurred that put my mom at risk. One incident I caught in time.

We tried to get her transferred to another hospital but, couldn't. We tried to bring my mother home and asked for home health. They offered a hospice nurse instead despite the fact my mother and family said no hospice. My mother had two medical emergencies in the hospital during the night. The first time we were allowed to come in to be with her and all was well. But the second time we were told that we could not come in to see her during the night unless she was in hospice. Two days before my mother transitioned, she was foaming at the mouth. I asked what was happening. The nurse first said she didn't know. Then she said it was dried skin. Then she said it was food. It was foam. I took pictures and the pictures show foam.

I am now wondering if they put my mom on the hospice list without us knowing.I have medical POA. How do I get access to my mother's medical records?

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Are you asking this because you think that getting your mother's medical records will provide the basis to sue the facility? If so, you might want to rethink that. If she was in such bad shape that hospice was recommended, you won't be successful in the lawsuit. Lawyers cost $350-$500+ per hour, and the clock is on when they're talking to you on the phone, when they're looking over paperwork, and so on. It's unlikely that a law firm would agree to take the case because if she hadn't been dying already, hospice wouldn't have been recommended. I've known people who have tried to do this, and it's ended up in the courts for years with no appreciable benefit for the bereaved, plus horrendous legal expenses and emotional stress for the family. I'm sorry you lost your mom, but she's gone and it's time for you to heal. You do that by not dwelling on what you THINK might have happened in the hospital, which isn't in the business of killing people but quite the opposite.
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Alva is the Nurse so she will correct me if I am wrong.

A doctor does not recommend Hospice lightly. He felt your Mom was dying if it was suggested. There was nothing more they could do for her.

I think you were in denial and if Mom has passed, I am so sorry for your loss. Hospice is comfort care. They can administer Morphine for pain and breathing problems. Give anxiety meds to keep people calm because anxiety is part of the dying process. So is the ability not to be able to swallow, the body shutting down so no more food or water should be given. Giving both is more harmful than good.

IMO, that Nurse should have been able to tell you exactly what that foaming was. When Hospice was suggested someone should have sat you down and explained to you that Mom was dying and that Hospice was comfort care. You could have talked to a Hospice Nurse and she would have told you how things were going to go. You could have had Mom released to her home or your home with Hospice ready to take over. (Family does most of the work) once Hospice got on board, if you felt they were not needed, you could have canceled their services.

When the word Hospice is used its because the people in charge of Moms care felt she was dying. I guess family was scared because they could not except your Mom was dying. The Hospital cannot bring in Hospice without permission of the patient or a family member who holds a Medical POA or Advanced directive.
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It's too bad that your Mom didn't have the expertise of hospice. They are familiar with this foaming secretions usually in the dying and usually due to basic failure of the heart. They could have medicated your Mom to cut down on secretions.
Clearly you Mother was dying, in so far as I can see.
Power of Attorney dies at the moment of death of the person who conferred it upon you. You are no longer the POA.
A patient has right to his or her own records. Other people do not have that right.
You are free to take your beliefs in wrongful death to an attorney. If that attorney believes you, or sees a problem, he may or may not take the case on contingency (almost certainly will not however, for the death of a senior, even if wrongful, brings very limited compensation, and it isn't worth the time and money of an attorney to sue for records and hire experts with their opinions, going up against the hospital's lawyers.) If that attorney asks for money to sue, my advice is to run, not walk, the other way, as you are being "taken" for a ride.
I am so very sorry for your loss. I cannot know the case for your Mom but it appears she was dying and you were encouraged to get Hospice to make her final exit easier for her and for you as well. You chose not to. That is fine. You Mom did, as we all WILL, die no matter your wishes or understanding. And again, I am terribly sorry. There is nothing to stop you attending an attorney with your story. But that is ALL you can do, and that is not going to do anything for you.
It is often the case that a loss is for us so terrible that we will delay grief any way we can. One of those ways is to blame others for the death, as tho that could possibly change anything. Grief is final, whereas blame can go on endlessly, keeping us in a state of anger, which is so preferrable to the hopelessness of grief. If you had Hospice you could now avail yourselves of grief counseling to help with this sad loss. I do recommend that you seek out grief counseling for yourselves before sinking any money into the pockets of lawyers.
Again, I am so very sorry for your sad loss.
Putting someone on Hospice "list" isn't putting someone on hospice. Hospice is signed for. Whomever was POA would have likely been the one to sign, or next of kin.
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I know you are not asking , but there are many benefits to having hospice on board. How old is your mother? What treatments does she receive to prolong her disease? If, there isn’t any value to treatments, consider the benefits of hospice. Just because she is on hospice does not mean they will push her to pass… Hospice recertifies every so often, for decline…

Talk to her Dr.

When my mom went on hospice at her memory care. The following team looked after my mom..a RN, weekly, ..CNA twice a week , Clergy, 3 times a month
( who my mom loved seeing ) Social worker , monthly, and a volunteer twice a month. First came the bed table, then the wheelchair in anticipation of its need, a hospital bed, as she transitioned , a wheelchair that reclined. Depends , chux pads , lotions , soaps as needed. After my mom passed I did not receive a bill for all the services. Medicare paid.
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pp48672, I see from your profile that your Mother has been in the hospital for 40 days due to pulmonary fibrosis, and now you wish to bring her home to care for her.

As for nursing care at home, usually the parent would need to pay for that care. The expense would depend on the skill set that would be needed for your Mom. This can be extremely expensive, not counting the fact you would need to set up the house like a hospital room. Check with Medicare to see what items they can supply at a low cost, some items can be rented, some are free.

If the hospital is recommending hospice, they are doing so for a good reason. I know such news is hard to understand and to accept. Have you had a chance to speak with the doctors as to their reasons for hospice?
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babsjvd Oct 2022
Agreed, the recommendations for hospice needs to be explored, not ignored
Your profile says:

"My mother has pulmonary fibrosis. She has been in the hospital for about 40 day. Her Insurance turned her down for admission to an LTACH. The SNF facilities in my area either can provide her oxygen needs or not have good nurse to patient ratio."

Is your Mother still alive? If she is passed, then your PoA doesn't have any authority, but I'm not sure why you wouldn't have some power as her daughter (competent next of kin)? You may need an attorney if you keep hitting dead ends with the hospital.

If she is still alive, does her healthcare provider have an online portal for their patients? Usually in one's portal there is the ability to request your own medical records. I've had to do this for my Mom a few years ago and I remember having to fill out a bunch of forms.
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Your mother would need to sign a  HIPAA Authorization Form for you to have access to her medical records. A medical POA is not enough, unless your mother was deemed incompetent.
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JoAnn29 Oct 2022
I don't think this is true. A Medical POA should give u the authority to see her records.
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