Doctors accused of battery refuse to release hospital patient

– hospital lawyers ask to have court file sealed

 

October 17, 2013 Update

CHEX-TV removes Time to Die from their website

CHEX-TV’s investigative series Time to Die chronicles the story of Arthur Hippe, a 69-year-old stroke patient, and his wife Marilyn Nelson’s efforts to have him released from Ajax Pickering Hospital. Seniors at Risk reported that CHEX-TV aired Part 1 of the investigative series Time to Die on October 3, 2013. CHEX-TV posted Part 1 to the TV station’s website archives. We have since discovered that CHEX-TV removed Part 1 after being threatened by lawyers for the Rouge Valley Health System, the organization that operates the hospital.

BUT you can still view Part 1 of Time to Die by clicking on the video that Seniors at Risk has posted below.

Lawyers threaten CHEX-TV

Lawyers for Ajax Pickering Hospital are threatening action against CHEX-TV. This appears to be the reason CHEX-TV chose not to run Part 2 of their investigative report. CHEX-TV had planned to air Part 2 the day after Part 1 aired. Scroll further down to read about the hospital’s latest effort to keep information from the public.

It’s a desperate plea from an Ajax woman. She says her husband is being held hostage by a hospital there and given anti-psychotic drugs against her wishes. Pamela Vanmeer has been investigating this case for months and tonight brings us part one of her special series Time to Die.

 

READER COMMENT:

Del asks:  “Can you give us the link to Part 2 Time to Die [CHEX-TV investigative report]? I am unable to find it. I would like to know what the “specific provisions” are that are going to be given in Part 2.”

RESPONSE:

Part 2 of Time to Die has not yet been aired by CHEX-TV.

The morning after Part 1 was aired, lawyers for Ajax Pickering Hospital (Rouge Valley Health Systems) complained to the Canadian Broadcast Standards Council in an apparent effort to have the TV station’s license removed. They alleged that CHEX-TV’s investigative reporter, Pamela Vanmeer, lied to the hospital about whether she had recording equipment with her while visiting Arthur Hippe in hospital.

It is noteworthy that the hospital and their lawyers did not deny any of the facts reported in the CHEX-TV investigative report.

The reporter had permission to take photos of Arthur from Arthur Hippe’s wife, who is his Power of Attorney for Personal Care.  As the hospital requested, the reporter did not take or broadcast pictures of staff, other patients or visitors on hospital property. It is not against the law (more…)

Public Guardian’s bait ‘n switch routine

Another in our series of letters from Stella about her experiences with public bureaucrats and health care providers as she seeks to protect her father Charlie who “lives” in the seniors care wing of a British Columbia hospital.
 

Stella Writes…

When we were first contacted by the Public Guardian and Trustee of BC, they let us know that it was just an informal hearing, that we didn’t need a lawyer.  Don’t believe it.  This is the first step to Adult Guardianship, a filthy legal contrivance it seems one never escapes from.

They said we had a choice, we could use and pay for PGT services, or we could look after our father’s money ourselves.

I had been Dad’s POA (power of attorney) for several years by then and found the job exhausting because he is financially illiterate (he had never managed money himself) but he liked to have his finances explained to him. As a result of having been prescribed benzodiazepines for 5 years, Dad no longer had the ability to form new memories, making my job very difficult.

I paid bills, prepared financial summaries and reviewed his bank statement with him every quarter, explaining each item line by line.  If the conversation drifted off for a while he would completely forget what we had just done and ask – “what’s going on with my bank statement?” – and I would start all over again, line by line.

I am a professional accountant with over 60 clients and Dad was by far my most difficult account.  The PGT’s offer to take this job on was very appealing even though the cost was high.  I was told to review the PGT’s website and phone the office if I had any questions, which I did.

First the Bait

I dialed the 1-800 number listed on the website and spoke to a woman called Maya.  My concern was that Dad’s money would be put at risk in the stock market if the PGT handled his affairs.  Maya assured me that if the family wanted, his money could be left in his Credit Union earning reliable but unspectacular interest, insured against loss – but only the PGT would have access to the account.  I was told we would receive quarterly statements from the PGT, that we would have some say over how his money was handled although they would pay the bills.

I presented this information to my dad along with the costs of PGT management.  We decided we would hire
them for a couple of years to give me a break just until the house was sold and emptied. I calculated it would cost about (more…)

BC’s Ombudsperson – the pot calling the kettle black?

Ombudsperson takes 4 years to respond to complaint, says ‘no investigation’

BC’s Ombudsperson Kim Carter and her entourage were out in the Lower Mainland communities of Abbotsford, Chilliwack, Richmond and Surrey last week, urging people to tell her and her “team” all about their complaints and concerns.

Kim Carter calls these sojourns into the British Columbia hinterland,“mobile intakes”.

At the end of the week, Ms. Carter took time to do a few media interviews. During these interviews, Kim Carter revealed that the most common complaints her Office receives about government agencies and other organizations her Office oversees are:

  • “Unreasonable delay” by public agencies and organizations in responding to complaints, and
  • “No good, clear explanation” for the concerns brought forth in complaints.

CBC-BC Radio morning show hosts in Vancouver and Victoria, Rick Cluff and Gregor Craigie, both asked Kim Carter about the recent appointment of a Seniors’ Advocate for British Columbia. The BC government decided to make the Seniors’ Advocate office part of the Ministry of Health, and stipulated that the Seniors’ Advocate would not investigate individual cases.

Kim Carter commented that since the new Seniors’ Advocate would not be permitted to investigate individual cases, “…there will still be a very active role for our Office (to take seniors’ care complaints) and we’ll be very much involved with seniors issues because we do have that power.” [interview starts at the 8:30 mark of the podcast]. In other words, her Office is the only place complaints about seniors’ health care in BC can be brought for investigation, once the complainant has exhausted the avenues available within the organization or agency alleged of wrong doing.

But “active” role is not what comes to many complainants’ minds when they think of BC’s Ombudsperson Office.

In fact, Seniors at Risk has learned that the BC’s Ombudsperson Office has a reputation far worse than many of the agencies it oversees, and particularly when it comes to:

  • unreasonable delays
  • no good, clear explanation
  • failure to investigate cases

Here’s one of several examples of Ombudsperson Office neglect that has been brought to Seniors of Risk’s attention recently.

Unreasonable Delays 

In August 2008, Rita McDonnell of Surrey, BC submitted a complaint to the Ombudsperson regarding the care received by her 68-year-old father, Gary Davis while in hospital.

She received a response from the Ombudsperson Office on December 21, 2012. Yes – more than four years later.

In the meantime, Gary Davis had died in a publicly funded long-term-care facility in July 2009 after developing severe bedsores and hospital-acquired infections from inadequate care that necessitated amputation of his legs, and enduring rough treatment by nursing staff.

Failure to Investigate

The letter from the Ombudsperson’s Manager of System Review, Carly Hyman, said,  (more…)

Nurses “inundated with work”, and overflowing toilets

We continue with our posts from Stella as she struggles to protect her father Charlie who “lives”, as so many elderly people now do, in an “extended care wing” of a British Columbia hospital.
 

Stella Writes…

My father remains on the senior’s ward of a hospital here in BC, despite my efforts to get him out.  Yesterday I found him still without his bottom teeth.  Two weeks ago staff told me they were taken away because he has a canker sore in his mouth.  I couldn’t see the sore then and I couldn’t see any sore yesterday.  Apparently they are rinsing his mouth with salt water twice a day or at least that’s what I am told.

I went to look for a nurse to see if Dad could have his teeth back.

I waited 20 minutes for the new Nurse Leader to finish training someone on the computer, but apparently my timing wasn’t good.  She told me she was “inundated with work” and couldn’t help me.  I counted 12 health care workers standing around the front desk, most of them more than 60 feet from any actual patients.

His former Nurse Leader (more…)

Institutions ‘named and shamed’ for elder abuse – a last resort of ombudsman, media

Canadian banks and financial companies mistreat seniors and ignore laws, abetted by a negligent government

 

The growing epidemic of institutional elder abuse is not limited to nursing homes, hospitals and health authorities. The banking industry also appears to be mistreating and taking advantage of seniors. Banks?!  Yes, banks.

Most senior citizens are customers, many are long-time and very loyal customers of the banking institutions they patronize, and all are citizens of Canada. It is their hard earned money that has made Canadian banks what they are today. Yet, our elders are frequently being treated with callous disrespect.

We are concerned with the evidence that banks and financial institutions are imposing their own rules, over and above the law of the land, ignoring legal documents such as power of attorney papers drawn up by lawyers, and creating desperate circumstances for seniors.

Here are three stories that surfaced in the media recently, perhaps the tip of a very chilling iceberg.

  • Royal Bank (RBC) branch in Vancouver refused to cash the pension cheques of a 94-year-old disabled and housebound woman for seven months. This bank ignored the Power of Attorney granted by their customer to her daughter. The daughter tried in vain to persuade the bank to relent but they would not budge… until she called the media. Then, three bank staff suddenly found their feet and made a visit to the elderly woman’s house to confirm the power of attorney (something that was not necessary to do in the first place, but presumably was done so the bank could save face).

“I took the power of attorney papers in. They were photocopied and sent to the [RBC] head office in Toronto,” said (daughter Linda) Graham. “Those were turned down as well because they weren’t explicit enough.” CBC, Go Public

  • Staff at a Toronto Scotiabank branch reportedly refused to accept the power of attorney of a dying woman (featured in same CBC story, 2nd incident). The bank insisted that she, not her designated POA, come to the branch in person. When her family drove her to the bank branch, they asked staff to come out to the parking lot to meet with the 73-year-old woman who was weeks away from dying of cancer and unable to be transported anywhere easily. The family got a “flat-out refusal” from bank staff. Her family was forced to wheel the ailing woman, swollen with painful lymphoma, into the bank on a commode chair. All this, while the bank rejected the Power of Attorney document that had been properly executed by the woman’s lawyer. Scotiabank refused to comment, citing privacy – even though the woman was by then deceased.
  • And, in a rare move, an Ombudsman publicly ‘named and shamed’ W.H. Stuart & Associates, a mutual fund dealer, for refusing to abide by a ruling that the firm pay $41,066 to an 82-year-old couple for failing to inform them of the real, and risky, nature of their investment, and for the loss of their life savings due to the firm’s mismanagement.

Which ombudsman you may ask? One you may never have heard of, but which might, one day, save your bacon (and your nest egg) – the Ombudsman for Banking Services and Investments. “OBSI has taken several significant and extraordinary steps to resolve this and certain other complaints that could not be resolved before we’ve resorted to announcing a refusal to compensate.”

The OBSI is Canada’s national independent dispute resolution service for consumers and small businesses that have a complaint they can’t resolve with their banking services or investment firm. It operates as a free alternative to the prohibitively expensive legal system. Read more about the OBSI below.

The Canadian banks that once again posted record profits in the last fiscal quarter are the same banks that are treating senior citizens with breathtaking disrespect and utter disregard for the law.

So what is going on with banks? More importantly, why is it going on, and why is it being permitted by our governments and our elected representatives?

One of the missions of Seniors at Risk is to inform senior citizens and their loved ones of potential problems they may encounter at the hands of our elected officials, civil servants, and public agencies and authorities, as well as the legal system and (more…)

Jean Wilder case in court today

 

Despite the efforts of Jean Wilder’s family and friends, and a letter-writing campaign by the public earlier this year, this 61-year-old woman is still being held in an Interior Health Authority (IHA) hospital with no apparent justifiable reason or legal authority.

 

In February 2012 Jean Wilder was transferred from the Invermere & District Hospital’s acute care department to an extended care unit (ECU) to recover from complications following surgery a month earlier. When Jean and her family raised concerns about the care she was receiving at the ECU, hospital staff suddenly detained Jean against her will, banned her family and friends, and refused to allow Jean to see a lawyer. See previously published stories.

Now, nine months later, Jean Wilder is still being held without any due process. The IHA has not provided Jean Wilder’s family with any information about why, or under what legislation, she is being forcibly detained without her consent. The Interior Health Authority also appears to be making all health care decisions for Jean Wilder, even though they have no lawful right to do this.

Jean Wilder’s voice and rights to her own life and liberty, now long ignored, will likely be completely snuffed out this week.

On December 12, 2012, a court in New Westminster, B.C., 800 kilometres and a 9 hour drive from Invermere, BC, will take 5 minutes to hear the case to declare Jean Wilder legally incapable.

Why and how did this happen?  The short answer is that she became an unwilling victim of elder abuse by the Interior Health Authority and the Public Guardian and Trustee. After Jean Wilder’s family and friends raised concerns about Jean’s care, hospital staff reported them to the B.C. Public Guardian & Trustee’s office (the PGT). From that moment (more…)

Stella writes… they tell us to lie

 

Today, Seniors at Risk introduces a new series about one family’s journey through the health care system as they try to protect their elderly father from institutional elder abuse. Daughter Stella chronicles their story and her views of the Canadian health care system and its impact on her dad Charlie. Stella Writes will appear regularly on Seniors at Risk.

Stella writes

 
I live in British Columbia, Canada.  We have a government health care system administered province by province.  Some years back, our provincial government set up regional health authorities and new rules were put in place.  Since then, patients and their families have been playing ‘catch up’ as we struggle to learn what this all means.
 
I have an elderly father in a senior’s facility and our family has lost all control of him.  My dad Charlie has been diagnosed with dementia, been placed under Adult Guardianship and (more…)

Hospital “commissars” threaten to ban wife unless she agrees with doctors

 –––––––  Sep 13, 2012 | Related Article | Update of previously reported case – Ajax Pickering Hospital  Court affidavits and evidence reveal deception and intimidation by hospital, doctors and the Public Guardian and Trustee. –––––––

Another story of abuse by health care providers. Seniors at Risk has been working with this Ontario family for the past month, after it was brought to our attention by one of our website readers.

Marilyn Nelson and her spouse Arthur Hippe, both in their sixties, have shared the last 26 years together. Today though, the loving couple is prevented from seeing one another, except for two hours a day in a Toronto-area hospital, where they are not permitted a single moment of privacy.

Arthur Hippe suffered a stroke in late May 2010 and was admitted to Ajax Pickering Hospital east of Toronto. He is paralyzed on his left side and his speech has been affected. He remains in the same hospital today, apparently having received no post-stroke rehabilitation.

Arthur granted Marilyn his Power of Attorney for Personal Care on May 12, 2009, giving her the legal authority to make all his medical care consent decisions. However from the very beginning, the hospital disregarded Marilyn’s legal authority, refused to provide her with Arthur’s medical records, and made continual efforts to thwart her in making care consent decisions on Arthur’s behalf. Marilyn has asked on several occasions that Arthur be moved to a rehab or residential care facility, but the hospital continues to claim that there are no beds available.

Ajax Pickering Hospital is one of two hospitals operated by the Rouge Valley Health System, led by CEO Rik Ganderton (formerly an executive with IBM Canada). The hospital’s motto is “Patients First!”

One day, Marilyn came to visit Arthur and saw that he was staring vacantly, a marked difference. She asked hospital staff if he was on any new medications and was told he was on Zyprexa.

Marilyn Nelson researched the drug and found, to her horror, that, in addition to numerous toxic side effects,  Zyprexa and other antipsychotic drugs are well-known to increase the risk of strokes (cerebrovascular events). Asserting her legal right to provide consent (or not), she instructed the hospital physicians treating Arthur, including Dr. Romas Stas and Dr. Carman Price, to take Arthur off Zyprexa. That’s when the relationship with the hospital escalated further into bewildering hostility, says Marilyn.

One of us has to go, and it’s going to be you!

The doctors did not agree with Marilyn that Zyprexa and other antipsychotic drugs were harmful to Arthur, and in a meeting with the doctors and other hospital personnel, Marilyn says the doctor told her “One of us has to go, and it’s going to be you!”

So, what’s going on, you ask? How is it that a hospital and doctors can ignore a legal document stipulating that another person has full authority and responsibility to make medical care consent decisions?

As Seniors at Risk has reported (more…)

A new twist – doctor banned from visiting mother by health facility autocrats

 

Cases of elder rights being stripped by health care providers and public agencies are coming to light from coast to coast across Canada.

A reader notified Seniors at Risk of this St. John’s, Newfoundland and Labrador story.

It’s a story with an interesting twist.

The daughters of an 88-year-old hospital patient say that Eastern Health authority cut their visiting rights to their mother because they raised concerns about the care their mother was being given.

The twist? One of the daughters is a medical doctor.

The story of Elsie King and her daughters Yvonne and Grace was exposed by CBC Radio, St. John’s. This is the kind of journalism that CBC excels at, and should be encouraged (and funded) to do more of.

Here are the transcripts from the CBC’s podcasts of the on air broadcasts last month. Read and judge for yourself. You can listen to the broadcast too. Links to the online audio podcasts are provided at the end of each transcript.

Learn how health care facility staff, doctors and administrators can easily separate and damage families with little apparent consideration for the difficult times that the patient and the family are encountering.

Knowledge. Compassion. Courage. Action.

Take a stand against institutional elder abuse.  

Elsie King’s daughters take Eastern Health to Court over hospital visitation

CBC On the Go – Tuesday June 12, 2012 ­– St. Johns, Newfoundland and Labrador

An 88-year old patient’s daughters say Eastern Health cut their visiting rights when they questioned the care she was receiving. Eastern Health says it cut visits because their behaviour toward staff was unreasonable and aggressive. Each is taking the other to court.

Host Ted Blades with Jessica Doria Brown

Transcript:

There’s a battle going on at Eastern Health (St. Johns, Newfoundland) and the family of an 88-year-old woman.

Yvonne and Grace King say their mother Elsie was getting inadequate care at the Health Sciences Centre and when they spoke up about it, the health authority punished them by cutting the amount of time they’re allowed to spend with her.

But Eastern Health says it restricted their time at the hospital because of their rude and aggressive behaviour towards the staff.

The situation has gotten so bad that the sisters are taking Eastern Health to court and one of the sisters, Grace, to court as well.

From the sisters’ perspective, they say their mother has been getting second-rate care because of her advanced age. Yvonne King says staff delayed giving their Mom antibiotics, and they wouldn’t use a safety belt consistently to transfer her from her bed to the chair. They say that the staff have referred to her as “nursing home material”.

They say the hospital staff really resented it when they asked about their mother’s care. Yvonne King says the nurses wouldn’t even follow the doctor’s orders when…  [MORE]

King family vs. Eastern Health

CBC On the Go – Tuesday June 13, 2012 ­– St. Johns, Newfoundland and Labrador

Update on the King family vs. Eastern Health story. Bob Buckingham, the lawyer for the Kings tells Ted that court proceedings have been postponed indefinitely because Eastern Health has relaxed the restrictions it placed on Elsie and Yvonne visiting their mother Elsie at the Escasoni Complex.

Host Ted Blades with King family lawyer, Bob Buckingham

Transcript:

Host:  Yesterday we reported on the story of Yvonne and Grace King. The King sisters told us that they were punished for speaking up for what they said was the inadequate care their mother Elsie was getting at Eastern Health Sciences Centre. Their punishment? The health authority had severely restricted the amount time the daughters could spend with their mother. But Eastern Health told us their time was cut because of their rude and aggressive behaviour towards staff.

The situation had gotten so bad that each side was taking the other to court:  the sisters to get the visitation restrictions lifted; and Eastern Health to keep them in place.

They were supposed to be in court today, but things have changed.

Bob Buckingham is the King family lawyer and he… [MORE]

 

Elder Abuse Awareness Day – June 15

ON THIS DAY WE REMEMBER AND HONOUR these nine people and all other seniors who have suffered, or are still suffering, abuse of their legal and human rights in British Columbia’s health care system, and elsewhere.

   

 

 

 

 

Please take a few minutes to learn about and to share their stories with other people.
 

 

DOLORES Brent, Trail, B.C.

 

GARY Davis, Langley, B.C.

 

ROLAND Hunter, Vancouver, B.C.

 

ERNA Luttmer, Vancouver, B.C.

 

ELDON Mooney, North Vancouver, B.C.

 

KATHLEEN Palamarek, Victoria, B.C.

 

HILDA Penner, Abbottsford, B.C.

 

STEPHEN Piccolo, Kamloops, B.C.

 

JEAN Wilder, Invermere, B.C.

 

 

  

World Elder Abuse Awareness Day – http://www.inpea.net/weaad.html

 
_________________________________

Help STOP institutional elder abuse – write your elected representatives, voice your concerns online, let others know what’s happening, or… take whatever steps you think will help make a difference to protect seniors’ legal and human rights from abuse by Canadian health care institutions and public agencies.

The Coalition to Support SENIORS AT RISK

 

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