Failure to Notify State Guardian of AMA Departure
Summary
The facility failed to protect the rights of 1 resident by not notifying and involving the resident’s court-appointed State Guardian when the resident left the facility against medical advice (AMA). The resident had diagnoses including schizophrenia, gestational hypertension, post-traumatic stress syndrome, mood disorder due to known physiological condition with depressive features, psychotic disorder with hallucinations, anxiety disorder, hypomagnesemia, and a history of falling. The clinical record identified a court-appointed State Guardian as the legally authorized representative responsible for healthcare decision-making and participation in care planning. Hospital records described the resident as requiring high-acuity psychiatric and medical stabilization after decompensation of schizophrenia and a recent delivery, with a history of self-harm, physical aggression, and lack of stable housing. The resident was documented as needing 24-hour clinical supervision, medication management, therapeutic monitoring, and assistance with activities of daily living. Progress notes stated the resident remained persistent on leaving AMA, risks were explained, alternatives and the recommended plan of care were discussed, the nurse practitioner was notified, and the resident left the unit ambulatory with personal belongings. The State Guardian stated she was informed 2 days after the resident left and was not informed before the discharge. She reported that the facility contacted the in-house psychiatrist instead of her, that she had not met the resident, did not know where the resident went, and had no way of contacting the resident. The LPN stated she knew the resident had a State Guardian but did not call the guardian when the resident wanted to leave AMA. The Assistant Director of Nursing stated she called the guardian the day after the resident left using the after-hours number and left a message. The Assistant Administrator stated the AMA form should have been signed by the resident, the decision maker, and the facility representative, and that if the resident had a guardian, the State Guardian should have signed the form. The facility policy required staff to give the resident’s legal representatives an explanation concerning the risks involved in leaving the facility.
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