San Francisco-based Dignity Health is suing several patients in California for trespassing after they allegedly refused to be discharged, KFF Health News reported Nov. 15.
The unusual legal strategy is grounded in a California law intended to prevent anti-abortion demonstrators from obstructing entry to healthcare facilities.
Dignity has filed three lawsuits against patients and their advocates, accusing them of "commercial blockage" for "unreasonably and unlawfully" refusing to be discharged once they were deemed medically and legally eligible. Dignity claims the actions hindered its ability to care for other patients during COVID-19 surges.
Family members and advocates argue the patients were asserting their right to be discharged to a post-acute facility they could afford, rather than being simply sent home without the means to care for themselves, according to the report.
"It could be a watershed case if it goes in either direction," Tony Chicotel, senior staff attorney with the California Advocates for Nursing Home Reform, told KFF Health News. "If it's a defense verdict, we'll know our laws are somewhat protective of patients. And if it's a plaintiff's verdict, patients around the state could be dumped and us advocates will have to figure out what we can talk about without getting sued."
Dignity told KFF Health News it does not comment on pending litigation. Dennis McPherson, an attorney representing Dignity, said the health system made the decision to sue after serious deliberation.
Read the full article here.
Editor's note: Becker's has reached out to Dignity for comment and will update the article if more information becomes available.