In a court affidavit filed by emergency medicine representative, Dr. Purvi D. Shah of Montefiore Medical Center, she wrote that a family member should be prohibited from advocating on behalf of their parent because doing so places the patient in “danger and harm.”

Who at Montefiore Medical Center would cause a patient “danger and harm” in retaliation of advocacy for improved health care services? What type of “danger and harm” could a family member cause their loved one? How would Montefiore Medical Center cause “danger and harm” to a patient? Why would Montefiore Medical Center’s doctors, staff, employees and agents cause a patient “danger and harm”?

In a disturbing affidavit written and presented to the Bronx County Supreme Court by Montefiore Medical Center who is represented by Wilson Elser, the parties sought an Order to Show Cause to prevent a family member from advocating on behalf of their elderly parent. The motion seeks to restrain the relative from communicating with Montefiore’s staff, agents and doctors or disseminating communications regarding the health and well-being of their parent.

In addition to Wilson Elser and Dr. Shah’s affidavit being replete with blatant lies and known gross misrepresentations of material fact. This abuse of legal process will have a chilling effect upon patient care and their families who witness abuse and neglect. The lawsuit is an act of both retaliation and intimidation to silence the family member from reporting abuse and neglect at the hospital regarding the negligent, abusive, unethical and deadly acts committed by their doctors and staff.

As an emergency medicine physician of one of New York’s largest private employers and medical institutions, Dr. Shah’s affidavit is very alarming. Especially, since she claims that her “professional interests include Quality of Care and Patient Safety.” Furthermore, as an assistant professor at Albert Einstein College of Medicine, her use of legal process to intimidate family members from speaking out about abuse and neglect at Montefiore is troubling. After all, she is entrusted to teach the future generation of medical and healthcare providers. Her comments are weighed against two elderly patients at Montefiore Medical Center who allegedly committed “suicide.”

Within the last few months, New York media reported the deaths of patients. The New York Daily News reports one “suicide” took the life of a 76-year-old in the early morning hours and the second death occurred when a 77-year old was found with a rope around their neck. In addition to asking about how a patient retrieved a rope to commit suicide, these mysterious deaths raises many questions about patient care, hospital security and the “danger and harm” that patients experience daily at Montefiore. Ironic, both reported “suicides” occurred within the same week.

Considering the history of Montefiore Medical Center and the deaths of patients, doctors, and employees, the acts of Montefiore, Wilson Elser and Dr. Shah’s affidavit are alarming and should be troubling to everyone. No patient, family member or staff who experiences, witnesses or reports abuse and neglect should be subject to intimidation through legal process or “danger and harm.”

Montefiore Medical Center delivers services to a predominately minority population and Dr. Shah‘s affidavit raises serious concerns about the medical treatment rendered and the “danger and harm” they endure. Recommendation: How to effectively report patient care and abuse.

1. Document the abuse by date, time and location.

2. Take photos or video footage of the abuse or outcome of abuse or neglect (ex: bruising, scars, etc.)

3. Report the abuse to the nurses manager and hospital social worker. Do not provide original documentation. Make copies.

4. File a formal complaint with the Ombudsmen, Customer Care/Patient Advocate for the hospital. Do not provide original documentation. Make sure you get a copy of your report, copy of your communications, preferably by email or in writing. Document the name of the contact person and the date and time of your communications.

5. If necessary, call 911 and file document your concerns when life threatening. Alternatively, if not in immediate threat of death file an official police report.

6. Contact members of the media or use social media to draw attention to the abuse.

7. If life threatening or conditions become unbearable and when necessary you may seek a transfer to another hospital. If refused, call 911 or private ambulance and transfer patient to the nearest emergency room for services.

8. Contact legal counsel for advice regarding neglect, abuse and mistreatment of patients. At every stage look for improved quality of care. If you observe retaliation or continued neglect, immediately eek transfer of the patient to another hospital.

Transfer can also occur by contacting the patient care advocate at healthcare insurance companies and seeking authorization codes to forward medical history and billing information.

Doctors are empowered to conduct transfers and it has to be one of the attending physicians, but not necessarily the person who engaged in the “danger and harm.”

Sherri Jefferson www.SherriJefferson.com

The LawMobile www.TheLawMobile.net