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Auckland District Health Board Taikura Trust Aranui Home and ...

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<strong>Health</strong> <strong>and</strong> Disability Commissioner<br />

115. It was also stated that ADHB could ―… not comment on Ms A’s impression that she<br />

was discharged to Oak Park Private Hospital under a court order as upon Ms A’s<br />

discharge it would have been clear to ADHB staff that there was no order in place as<br />

Ms A had not been served with an order <strong>and</strong> there was no court documentation to<br />

support such an order under the PPPR Act‖.<br />

116. However, ADHB subsequently acknowledged that it appeared that discharge<br />

proceedings had progressed in the belief that the PPPR Act application had been filed.<br />

It apologises to Ms A for the breakdown in this process <strong>and</strong> the fact that she was not<br />

advised that the application had not been lodged. 23<br />

117. ADHB noted in response to my provisional opinion that it is important to distinguish<br />

between discharge <strong>and</strong> discharge planning, in relation to consent. While preparation<br />

for discharge, <strong>and</strong> subsequent care in a rest home, are provision of services requiring<br />

the consent of the patient or his or her representative, the decision to discharge a<br />

patient is made by the hospital, <strong>and</strong> consent is not required.<br />

118. ADHB has noted the learning that has resulted from these events:<br />

There need to be checks to ensure important documentation such as PPPR Act<br />

applications meet their destination.<br />

That placement arrangements need to be carefully documented in discharge<br />

arrangements.<br />

That the PPPR Act application process can be a lengthy affair which may not<br />

be completed before a patient is discharged. As such, ADHB’s responsibilities<br />

for co-ordination may not stop when a patient leaves hospital.<br />

119. ADHB also advised that further training for social workers by legal services had been<br />

initiated, <strong>and</strong> provided HDC with a protocol developed to guide staff with court<br />

orders under the PPPR Act.<br />

120. ADHB undertook its own adverse event investigation, issuing its final report in<br />

November 2009. The purpose of the investigation was to identify factors that led to<br />

the failure to ensure appropriate legal authority was obtained to transfer Ms A to a<br />

[residential facility]. ADHB identified the primary cause as:<br />

121. ―The lack of an individual or a multidisciplinary team to coordinate <strong>and</strong> be<br />

accountable for:<br />

Identifying appropriate legal authority to treat <strong>and</strong> transfer [Ms A]<br />

The lodgement of the PPPR Act application for [Ms A].‖<br />

122. A number of contributory factors were outlined. Several recommendations were made<br />

for the development of processes for PPPR Act applications. The person or team<br />

responsible, <strong>and</strong> the timeframes were not specified.<br />

23 This apology was contained in correspondence submitted to HDC before Ms A died.<br />

20 3 November 2010<br />

Names have been removed (except <strong>Auckl<strong>and</strong></strong> DHB, <strong>Taikura</strong> <strong>Trust</strong>, <strong>Aranui</strong> <strong>Home</strong> <strong>and</strong> Hospital/Oak<br />

Park Dementia Unit <strong>and</strong> the expert who advised on this case) to protect privacy. Identifying letters are<br />

assigned in alphabetical order <strong>and</strong> bear no relationship to the person’s actual name.

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