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

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.


~Philip B. Luloff MD


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).


StandUp said...

I appreciate this doctor's candid comments as well as his support for this important bill.

Mindy said...

Thank you for your comments, Dr. Luloff.

Betty said...

In my case, the judge ignored my power of attorney and forced my father into a guardianship. It's been pure hell ever since.

I support this bill for Illinois and hope it passes.

B Inberg said...

Are the Illinois State Legislators listening to Dr. Luloff?

Do the elected legislators care what we want?

HB 5573 gets my vote it sounds like a bill that the majority of people want as a needed safeguard for we the people who have God given rights to plan our destinies while we are able.

NOTE: People forget rights 'given' by the government to we the people can be taken away.

Wake up Baby Boomers ~~ read the articles here at NASGA blog ~~ read the victim's profiles at NASGA website ~~ for a glimpse of your futures. You are looking in the mirror!!!

The poor souls who are lost to guardianship depend on your voices and actions to stand up and demand those who are paid by the taxpayers to represent us, to listen to you.

How many state legislators have you met with in your districts? Fear not: They work for you, not for special interest groups who have their attention who get top priority in every respect.

Anonymous said...

How refreshing! Common sense thinking? In this day and age the language of this bill gives me hope we have elected leaders who hear, who get it or why would there be a need for a law to protect common estate planning legal documents?

Sue said...

I hope this letter by Dr. Luloff tears down the walls of protection of hospital administrators that go bad tracks to Social Workers and Case Managers who may not be working in your best interests, beholding and in communications with: *your insurance carrier and **Medicare and ***Medicare Advantage Plan insurance companies who are for profit businesses who have direct contact with the case manager for discharge planning and coverage not with you the client of the hospital. Discharge is not the decision of your doctor your discharge date and follow up is dictated by your insurance carrier. Yes there are some good insurance companies however there are many with a bag of tricks their goal is to deny coverage, deny benefits less money spent on your medical needs.

How did this happen? When Hospital Administration level business people who will do whatever it takes to get what they want hide from mistakes causing harm to their clients. Yes you are a client of the hospital.

It's a sad day when we have to be in fear of hospitals - one step into their facility you are entering the unknown zone.

My heart breaks for the late Dolores Bedin, who had the right to be told about her life threatening condition and so devastating for her daughter Janet who is her Mother's army of one for the rest of her life.

And remember this is not an isolated case, a very important sentence in Dr. Luloff's Letter: I have heard numerous medical horror stories like what the Bedin family experienced.

Gina said...

The Bedin case is outrageous and I hope the daughter was able to get some accountability what was done to her mother.

Anonymous said...

I am a health care provider who was privy, after the fact, of some of the events in the Ms. Bedin case. It appears as though the hospital attempted to guardianize Ms. Bedin to prohibit either Ms. Bedin or her daughter from suing the hospital for their gross error in not reporting the CT results to Ms. Bedin.

You see, if a person is guardianized, that person loses "standing" to bring their case to a court of law--- in other words, they cannot sue.

The fact that the guardianship courts are being utilized in this manner (in addition to being used to deplete estates with legal fees and guardian fees) should be criminal.

Kudos to Sylvia Rudek, Rep. Harris, and NASGA for their work on this legislation.

Sylvia Rudek said...

Dear Dr. Luloff,

Thank you for your position and public support of HB 5573 introduced by Representative David Harris.

The efforts to fix the broken system, to amend and strengthen existing state statutes will continue in earnest.

Your strong support of the Bedin Family will make a difference.

Thank you.

Sylvia Rudek

Casey said...

The doctor made very valid points and I am glad to see he recognizes the importance of POA's.

The Bedin family was treated like dirt. I wonder if anyone from the hospital ever apologized.

This bill is needed!

Anonymous said...
This comment has been removed by a blog administrator.
jerri said...

interesting serious revelations here about the motive and intent of the hospitals move on their patient or is that person in the bed their client as stated by sue truthfully i never figured it that way but it makes sense this scares me now what to do when a person is hospitalized which is something facing most of us in our lifetimes i need to do some serious thinking while praying when its my time to go i die fast in my house to ensure being spared the grief and terror that was forced on dolores bedin and her family i agree with anon that this is criminal in nature yet no anyone been hauled off to face a judge

Anonymous said...

One of the attorneys on this case (AM) reportedly placed false information into the court record in order to guardianize Ms. Bedin. The record was subsequently sealed.

On a separate case, I had the unfortunate experience of working with AM....Collusion was apparent in an attempt to get colleagues named as guardian instead of a caring family member. 

This attorney should be investigated.

NASGA said...

Note from NASGA: The comment that was removed by a blog administrator was removed at the request of the author.

Friday, May 16, 2014 6:54:00 PM

Anonymous said...

If you or your loved one has been victimized by an unethical guardian, attorney, judge, physician, etc., please report that person to the appropriate authorties.

This blog provides victims in Illinois (especially Cook County) with valuable info such as: how to order court transcripts, links to probate laws, and links and info on reporting unethical players in the court system.

Please check it out, and follow up with reports to the appropriate authorities. Thank you!

Daniel said...

My Beloved fiance Parricia was reped in a rehab facility while recovering from a tailbone injjury. APS sayed she was "delusional" and they guardianized her to cover it up. I was her designated DPoA, Health Surrogate, yet the judge used those documents as toilet paper! The guardian and ALF owner demonized me by lying to the police I threatened to come and shoot everyone. I have lost her to this MOST HORRIFIC ATROCITY. It has been A nightmare

Anonymous said...

Now they are guardianizing people to cover mistakes? Unbelievable! But in retrospect, some of the likely illegal actions of the court which guardianized my mother may have been done to cover the 'mistakes' of the original judge and my lawyer, who both forfeited Constitutional Rights of my mother and me, her Power of Attorney. She did not have two doctors declare her incapacitated,nor did she get a hearing to adjudicate her incapacitated, both required by law.
This legislation is important on many fronts. I hope it passes, then makes its way through all the states.