(Warning: Typos Intact, Not Legal Advice)

Can a nursing home in Florida refuse to send my father to the hospital?

My father has had multiple UTIs in the past year. He is showing the same delirium symptoms again. The nursing home checked blood and urine and says he is ok, but they put him on antipsych meds! I have been asking to have him sent to the hospital and they don’t want to. Can I as POA make them? He initialed the 2 parts of “effective immediately”. He might say to me he will go, but if they ask him he might say no because he’s tired. But something is very wrong and it needs to be checked! Top neurologist 3 weeks ago rated him A-/B+ with mild cognitive impairment. Now something is wrong and they don’t know what!

Answer: I sympathize with your situation. There is nothing more frustrating than when medical personnel conflict with a family’s wishes for better care for their loved ones. It can often be difficult to understand how or why they make certain decisions.

I suggest having an independent medical examiner assess your dad to ensure that the UTIs are not causing his symptoms. As you may already know, UTIs can often present as dementia-like symptoms.

To answer your immediate question: yes, a nursing home or medical personnel can refuse to send someone to the hospital if, in their medical judgment, it is not required. In your father’s situation, it seems clear that there are other factors that suggest sending him to the hospital or seeking additional medical attention is the best course of action.