Friday, May 16, 2014

Letter of Support to IL Representative David Harris Regarding HB5573, Introduced to Strengthen and Enforce Power of Attorney and Advance Directives

Letter of Support to IL Representative David Harris Regarding HB5573, Introduced to Strengthen and Enforce Power of Attorney and Advance Directives

Dear Rep. Harris and members of the Illinois State Legislature,

Thank you Rep. Harris for bringing this Bill to a vote based on the very troubling Dolores Bedin case.

As a physician for more than 35 years, practicing both in a Hospital and privately, I ask you and the Illinois State Legislature to strongly support this bill.
I have heard numerous medical horror stories like what the Bedin family experienced. People, devoted to the health care of their aged or infirm family members, have been bullied, harassed, intimidated and extorted by hospitals and Hospitalists who do not take the time to assess the circumstance but jump to erroneous conclusions about family members who often devote their livelihood and very lives to protect their loved ones.

I cannot say why such travesty of care has occurred. Whether for financial gain, inadequate training, or incompetent assessment of the situation. Perhaps it is attributable to the philosophy of a particular institution or personal grievance when challenged by a devoted family member advocate.
Each situation, of course should be judged on its own merits and not have a blanket procedure take place which has even disenfranchised some families and their loved ones, when ill, like Dolores Bedin.

I have direct knowledge of the Dolores Bedin situation having been a friend of the entire family for many decades. The incidents of this "case" were disclosed to me contemporaneously by Ms. Bedin. The daughter of Dolores Bedin, Janet Bedin, has not only been a devoted daughter and sister but indefatigable in being an advocate for her father, mother and brother's medical care.

What occurred to them is unconscionable. They learned by accident while Dolores was in the ER, of a series of CT Scan results taken at the hospital documenting a mass in Dolores’ pancreas which was never disclosed to the patient or family. This was clearly wrong.

When they found out and asked questions, they were bullied, intimidated and all threatened to be kicked out of Hospital, this was wrong.
To have Dolores not be given the diagnosis, after multiple CT Scan reports, or told that she had a mass in her pancreas in a timely fashion even with multiple studies performed, was wrong. For this family to learn, only by chance, that Dolores had pancreatic cancer was wrong.

To threaten Janet and her disabled brother Lex, who Dolores cared for all her life, with a phalanx of attorneys, and hospital administrators, ordering Hospitalists to document Dolores as incompetent, falsely I might add, unless she agrees to their discharge plan, was more than simply wrong, it was sadistic
.

It would seem, the fear of Risk Management being called to task on the errors of care led the hospital to use such punitive tactics.
I wish you the best of luck in getting this Bill passed and each of you should feel gratified for trying to prevent more tragedies like this from occurring.

Sincerely,

~Philip B. Luloff MD


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NOTE:  Highlight of the Proposed Legislation:
11    (755 ILCS 5/11a-8.2 new)
12    Sec. 11a-8.2. Petitions; previously executed documents. No
13petition under this Article shall seek relief that is in
14conflict with any properly and previously executed will, trust,
15power of attorney, durable power of attorney, health care
16directive, advance directive, or other directive unless undue
17influence is proven in the creation of the document, by clear
18and convincing evidence, at a hearing conducted under the rules
19of civil procedure of this State.
 
See Also:
NASGA Members in Legislative Action

Read More About Illinois Representative Harris

Read the full text of HB5573 and follow the bill

NASGA on HB5573

Dolores Bedin, Illinois Victim

A Growing Trend in Medicine, by Tina Stein


Note:  A little over a month after his installation, Pope Francis met with daughter, Janet Bedin, and blessed Dolores Bedin's photo (Dolores was a devout Catholic.) Janet wrote a letter to him about what happened to her mother and told him how guardianship can be used as an abuse of process in a retaliatory manner by a hospital (April 22, 2013).

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