High court: It’s not negligence if patient doesn’t want nursing home care
Jul 18, 2013, 12:26 PM | Updated: 3:48 pm
The Washington State Supreme Court has ruled in favor of a guardian, accused of negligence, for deciding not to put an elderly woman into a nursing home.
The high court found that while the Pierce County woman probably needed 24-hour, residential care, it noted that she didn’t want to go and should not be forced. The woman was resistant to institutional care and even combative at times.
The state Department of Social and Health Services charged the guardian/caregiver with neglect, claiming she failed to aggressively pursue a nursing home placement.
The Supreme Court conceded that the caregiver made poor decisions in other areas, but concluded that following the patient’s wishes does not amount to neglect. In its concluding remarks, the high court wrote: “one could not script a more trying case for caregivers, family members, public and private care agencies, courts and guardians than the one at hand.”
In the unanimous ruling, the state Supreme Court reversed a decision by the Washington Court of Appeals, citing the Legislature’s mandate against placing incapacitated persons against their will. However, the high court said the Department of Social and Health Services was justified in its investigation, but incorrect in its findings.
