NEWS

Lee Memorial sues to evict another 'John Doe' patient

Frank Gluck
FGLUCK@NEWS-PRESS.COM

Lee Memorial Hospital is suing the family of a patient with dementia and Parkinson’s disease for resisting efforts to transfer him to a long-term care facility.

Lee Memorial Hospital

The lawsuit, filed last week in Lee County Circuit Court, claims multiple nursing homes have agreed to take the man, identified only as “John Doe” because of medical privacy regulations, since doctors cleared him to leave the hospital on Feb. 8.

But, Lee Memorial claims, his family caretaker — a daughter, identified as “Jane Doe” — refuses to apply for Medicaid benefits to pay for such long-term care.

“It is (Lee Memorial Hospital’s) understanding that Jane Doe will not apply for long-term Medicaid because John Doe will lose his low-income housing,” the lawsuit states. “However, due to John Doe’s medical condition, he will never be able to return to his home without full-time assistance and care.”

No attorney for the family is listed in the court documents. Information about the family, including their address, has been redacted from existing filings.

MAY 24: Lee Memorial discharges brain-damaged 'John Doe'

This case bears similarities to another “John Doe” patient Lee Memorial successfully evicted last month from the hospital.

That patient, 41-year-old Jason Degraaf, was housed at the hospital for year after doctors cleared him to leave.

The hospital claimed Degraaf, who was struck by a vehicle in February 2015 while walking in a Cape Coral street, was in a “persistent vegetative state” and needed permanent long-term care outside of the hospital.

His continued, medically unnecessary stay meant Medicaid would not pay for his continued time there.

MAY 17: Judge: Lee Memorial Hospital can evict 'John Doe' patient

Degraaf’s family disputed the hospital’s characterization of his condition, saying he can respond to commands, and said nursing homes aren’t qualified to treat his brain damage.

He was sent to Consulate Health Care at Lake Parker in Lakeland, the man’s family said.

As in the Degraaf case, Lee Memorial argues this patient’s continued stay could cause other patients needing hospital care to wait longer for inpatient beds.

APRIL 16: Lee Memorial sues to discharge 'John Doe' patient

“This decision is not made lightly,” said hospital spokeswoman Mary Briggs. “We understand it is always hard for a family to make difficult decisions relating to their loved one’s care. Unfortunately, LMHS does not have the physical space to hold patients who no longer medically need to be in the hospital, but refuse to leave.”

Briggs did not comment when asked if more such cases are expected in the near future.

Connect with this reporter: @FrankGluck (Twitter)