Community Grievance Decision Digest
SAFETY, RIGHT TO
THE LAW:
"...[Hospital]
facilities shall be designed to afford patients with ..safety..."
§ 51.61(1)(m), Wis. Stats. [Emphasis
added.]
"Staff shall take
reasonable steps to ensure the physical
safety of all patients."
HFS 94.24(2)(a), Wis. Admin. Code
[Emphasis added.]
DECISIONS
-
A
woman complained about her
doctor, alleging that the medications
he prescribed for her may have caused
an adverse heart reaction leading to an emergency
visit to the hospital. This allegation was reviewed by the Bureau of
Regulation and Licensing (BRL), which reviews medical allegations
of malpractice or injury to others. BRL did not find that the heart
reaction and emergency room visit was necessarily caused by the
medication. The grievance
process defers to BRL’s medical expertise on such issues and
thus there was no finding of
any rights violation. (Level
III decision in Case No. 00-SGE-03 on 9/12/01.)
-
The
county is ultimately
responsible for the health and safety
of a client to whom they provide services.
Even though they have a
contract for an independent
service provider to do the hands-on services, the contracted
agency’s failure to perform its duties is
also the county’s failure. The county
must monitor the providers it contracts
with in order to ensure that
vital services are provided for their clients. (Level III Decision
in Case No. 03-SGE-04 on 6/15/04.)
-
The sister/guardian of a woman filed a grievance about
the care the woman had
received while she was living
in her own apartment. She
had been receiving supportive home care services from an independent
service provider under a general contract with the county.
The guardian alleged lack of care causing
deterioration in health to the point of needing
immediate medical attention. Staff’s tasks included providing
“acu-checks,” monitoring her bathing three times a week and
providing medical treatment for her hands and legs with sores.
It was found that the woman’s rights
were violated when the contract agency did
not complete the assigned
tasks during a period of time and the woman’s health
deteriorated as a result. (Level III Decision in Case No. 03-SGE-04 on
6/15/04.)
Last Updated: November 13, 2006 |
