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My father was temporarily placed in a behavior health in-patient facility to regulate medication. He was in MC prior to this and was consistently aggressive to the staff. MC suggested a temporary retreat to figure out medications. With no major physical health issues, 48 hours after being transferred to the in-patient behavior health hospital he was dead. We feel they overdosed him with too much within a short amount of time. I requested the medication administration sheet and it shows 2 doses of sleeping pills and after he got combative they administered Ativan. They noticed his pulse rate was low and then not breathing. Gave CPR against his DNR, then EMS administered Narcan on the way to the ER. Several layers here. Devastated and not looking for money with a lawsuit, we just want this place to be accountable for what they did. We called several lawyers but given he was 80 with dementia they are all looking for damages they can reclaim. Any suggestions?

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No attorney will accept your case.
Doesn't mean you cannot reassure yourself of that by trying.
But you already know, and you know WHY, and you are correct that they are all "looking for damages they can claim".
Damages means they must have a functioning person, capable and likely earning a good salary, and young enough to work for years--a person ALIVE but so DAMAGED he/she will never work again, and moreover will need ongoing care for life (because the damages if dead, even in this case, will be no more than 250,000 if that person died (not worth it in legal speak).

Was an autopsy done? Did it show an overdose of drugs/medications?
What does the death certificate say about cause of death? If it says drug overdose, you have something. If not, you have nothing.

Now back to what actually happened in this tragedy.
And let us say that too much was given.
The facility you mention is licensed; you need to find out by whom and report this. There will be oversite to investigate what was given, how much, and what the cause of death is as listed on the autopsy report.

I am so sorry for this loss, but the truth is that when there is agitation this extreme, the normal appropriate way to handle--the STANDARD OF CARE-- is to just do exactly what was done, to transfer the person to a facility that can work out some drug cocktail that will allow the person still to function, but not to be disruptive.
This is being between the devil and the deep blue, and such a drug cocktail, even when/if found, seldom works over time. It's a dreadful recognized dilemma.

I am so sorry for this tragedy. So very sorry.
Keep checking out a few more attorneys if it will bring you any comfort. But whether it is JCAHO or any other licensing oversite this should be reported for investigation.
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RubyIsland Feb 6, 2024
Thank you for this-I have contacted the JCAHO, APS, and DHS. You’re right- Attorneys will take it-just waiting for the autopsy to see if they will.
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First, I'm very sorry for your loss. Second, I'm assuming this facility is licensed by the state. In order to receive payments from Medicare and Medicaid, facilities need to be licensed. Hospitals are also accredited by the Joint Commission. You can report this case to the state licensing bureau and also to the Joint Commission. While not the same as a lawsuit with damages, at least the hospital can be investigated for this case. I worked at a psych hospital and we were required to do a very thorough investigation and review of any and all medication incidents, including even minor ones that resulted in no harm. I think all hospitals are required to do this. A case like this, where a death occurred, we would have had to report immediately to our central state office (this was a state hospital). Is your primary concern that you believe he was overmedicated, very easy to happen with elders, or that they tried to resuscitate him contrary to his DNR? I'm puzzled why they would have administered narcan, as that is used in cases of suspected opiate overdose but ativan is a sedative (benzodiazepine); presumably the sleeping pills weren't opiates. Was your dad on any other medications that the sleeping pills and ativan might have interacted with?
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So sorry for your loss. Did your dad have any medical conditions requiring opiates (narcotic pain medication)? I’m also confused why Narcan would be administered. The mix of opiates, Ativan, and sedatives could be dangerous. Did dad have an autopsy? I agree with others, this will be a difficult case to litigate. Requesting a state investigation may give you more closure.

Alzheimer’s is a horrible disease to die of. I hope you can take some comfort that your dad didn’t have to go through that prolonged suffering death.
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RubyIsland Feb 4, 2024
Medical examiner’s office is doing an autopsy. He was on BP meds and aspirin. Along with other things they gave him, Xanax, Depakote and others which I think was too much.
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Let it go, he lived a long life. With dementia he had no life, no hope for improvement, none.

There are times in life that we need to let go, being a right fighter in this case will get you nowhere all it will do is extend the grief, it will not bring him back.

Very sorry for your loss, move forward enjoy your family and the life you have carved out for yourself. Sending support your way.
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Grandma1954 Feb 4, 2024
In many cases I would agree with the "let it go" method but...
If this was a case of over medicating someone or improperly medicating someone to hold them accountable is the right thing to do.
RubyIsland states she wants no monetary compensation but I think an acknowledgement that there was a problem, the staff has been either retrained, disciplined, reassigned or dismissed would be appropriate.

You are right that there is no hope of improvement but does that allow our medical system to not follow the "Do no harm" mantra of medicine?
And to ignore a DNR is going against the wishes of either the patient or the family.
And I completely do not understand the use of Narcan ... unless someone administered the wrong medication OR someone does not understand the use of Narcan and actually thought it would work for any overdose. And if that is the case how many other instances has this facility had that have been un or under reported?
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From my experience with the medical examiner's office, the report on medications takes longer than the autopsy.
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