SAN DIEGO — The city of San Diego is moving forward with a lawsuit against Scripps Health, alleging a mentally ill, elderly patient was illegally discharged for financial reasons. CBS 8 has been investigating several reports of alleged patient dumping by local hospitals.
The patient, identified in court records as J.N is in his late 60s. He was admitted to Scripps Mercy Hospital’s behavioral health unit in 2019, according to the lawsuit.
J.N. had a history of schizophrenia, depression, hallucinations and suicidal behavior, including overdosing, attempting to get hit by a truck and threatening to cut his throat with a knife, the lawsuit claimed.
Doctors wanted J.N. placed under public conservatorship and transferred to a locked, skilled nursing facility, according to an amended complaint filed in San Diego County Superior Court.
Instead, the hospital released him to an independent living, group home on 71st Street off Imperial Avenue, according to San Diego City Attorney Mara Elliott
“When a hospital takes care of a patient, they're supposed to ensure that they are discharged in a responsible manner,” said Elliott.
City attorney inspectors later found the man at the group home, living in squalor, court records showed.
“He was in terrible condition. He had open sores. He didn't know where he was. He thought he was in another generation. He thought he'd be traveling with a girlfriend. He couldn't tell us very much about his situation at all,” said Elliott.
The motivation for J.N.’s release was twofold, according to Elliott. One, no secure, skilled nursing facilities were available locally, and two, J.N.’s Medicare had expired.
“First of all, this person never should have been released into an independent living facility. He's by no means independent. And secondly, this healthcare system skirted the laws to save a few bucks,” Elliott said.
Last week, a judge ruled the city's lawsuit alleging elder abuse and unfair business practices could move forward.
In court papers, attorneys for Scripps Health said that J.N. or his public conservator never objected to him being released.
“(A) patient has no right to continuing care with a specific healthcare provider, and ‘a physician can withdraw for no reason at all,’ so long as fair notice is given,” according to a Scripps Health filing in the case.
“Moreover, there is no allegation that either J.N. or the (Office of Public Conservator) did not consent to J.N.’s discharge, and consent is a complete bar to any claim of negligence," the court filing continued.
In a statement to CBS 8, a Scripps Health spokesperson wrote, “Discharging any patient prematurely because their insurance expired is inconsistent with anything we do or believe in."
With the assistance of the County of San Diego, J.N. is now living at a secure, skilled nursing facility near San Bernardino, Elliott said.
“We want an order from the court determining that the behavior that we are complaining about is not up to standard. It does not abide by the law,” said Elliott.
A bench trial in the case is set for May 12, 2023 before Judge Timothy Taylor.
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