what the day demands

holding the hospital accountable

Just quickly, because I hate thinking about it, I want to give you an update on our experience with Alaska Regional Hospital, who refused emergency care to our toddler when he broke his arm and needed emergency surgery because I would not allow them to swab him for Covid.

The hospital investigated the incident and admitted fault. They apologized profusely, multiple times. We have had communication with them through emails, letters, and phone calls. To quote the letter from the Patient Safety Director: “Our comprehensive review found opportunities for improvement and we will address these concerns with the individuals involved and will provide education throughout our facility.”

That’s the quick summary.

The longer, more detailed version is this: In the same letter, they said they considered the matter concluded but also admitted they had not yet addressed the people involved (“we will address these concerns”) and that was a red flag to me. So I spoke with the director who wrote the letter and expressed that concern, and asked for more specifics.

In that conversation, the Patient Safety Director was very nice and again apologized. However, she also attempted to shift blame by accusing me of taking video in spite of their policy against it. I was unaware of this policy, since they violated their own policy by not giving me a copy of the Patient’s Bill of Rights and Responsibilities. Ironic, yes? This is just one example of how policies are neglected or enforced based on a convenient double standard instead of integrity.

To give you an idea of how that conversation went (and to help equip you in the event of a similar debacle), the bulk of my follow up letter is copied below.

You mentioned the hospital’s policy against taking video, which, since I was not given a copy of the Patient’s Bill of Rights and Responsibilities (a violation of Alaska Regional’s own policy, per its website here) I was unaware of. However, does that policy excuse the behavior that was captured on those videos?

In our conversation, I pointed out that most people breaking the law (as your staff did) tend to not want video or audio recordings of such behavior. However, the State of Alaska does not prohibit the recording of conversations, per Alaska Statute § 42.20.300(a) which indicates that only a party of the conversation is allowed to record and/or broadcast the communication, in addition to Federal law, 18 U.S.C. § 2511(2)(d), which requires only that one party give consent, and I am that party.

I was alone with no other advocate (your staff not allowing my husband to be with me, which also seems to violate the hospital’s listed visitation rights per your website here, nor offering a patient advocate as is policy for all joint commission accredited hospitals). Your staff broke several policies and laws, so this is a bad time to defray responsibility by accusing me of recording of the event. It was the only wise protection for myself as I was left with hospital staff who attempted to strip me of every other protection, to the point of calling the police and threatening to trespass me because I dared to ask questions about a test for my son that I had every right to refuse, also according to the Patient’s Bill of Rights.

It was interesting to me that, like the nurse who was focused more on the mask issue than our toddler’s broken arm, you also returned to the mask issue a couple times, to the point of repeatedly asking if our entire family has mask exemptions. Our entire family consists of eight children and two parents — ten people— and none of our medical status or history is any of your business. As a Hospital Patient Safety Director, you ought to know that. Your returning to the irrelevant mask issue likewise shows a grave error of priorities in this situation.

I suggest your staff review these and other laws more closely as it appears there are several misunderstandings where you and your staff judge certain hospital policies to be superior to actual laws, which they are not, and other hospital policies that are there for the protection of patients to be irrelevant. Alaska Regional Hospital is subject to the laws of the United States and the State of Alaska. Those laws are not nullified because of policies and mandates.

To reiterate from our conversation and your letter, we are using very different language. I want to clarify to you again and in writing that I did not simply feel “unsupported” but that I was bullied and traumatized. Your staff was not “insensitive” – they were abusive, and repeatedly attempted to intimidate and pressure me into doing what they wanted. Lastly, this is not simply “an opportunity for further education and improvement;” this was Alaska Regional Hospital committing multiple violations of the law (ADA, HIPPA, and/or EMTALA, in addition to those mentioned above), along with committing multiple violations of the Patient’s Bill of Rights as listed on the hospital’s own website.

Please call it what it is; acknowledging the gravity of the situation would make your apology more convincing. Whitewashing the events does not convince me that any lasting change is coming to your facility.

Their behavior during this event indicates that the staff involved in this situation have clearly been getting away with this kind of treatment for a long time.

The only reason it came to light this time is because we did not succumb to it and we let many, many people know about it. Those people, including our family and several elected representatives, are very eager to know how Alaska Regional Hospital is going to correct this situation, including whether they will persist in charging us the $708 for such a traumatic, incompetent experience. We would like your assurance that this kind of situation never happens to another family again.

Thank you again,
Shannon Guerra

In her reply, the same director ignored the laws and policies mentioned and repeated many of the kind-but-squishy phrases from her original letter. Watered down words don’t impress me, and euphemisms expose dishonesty.

You spurn all who go astray from your statutes, for their cunning is in vain.

– Psalm 119:118

They did, however, waive the $708 charge as a “gesture of goodwill.”

It was truly the least they could do.

One of our daughters was born in that hospital. Baruch, our baby who I miscarried, was delivered there. But now this happened there, too, and I never want to step foot in that place again.

Forgiveness is free, but trust is not regained by double standards and diplomatic condescension.

This quote hangs in my office:

Weasel words from mollycoddles will never do when the day demands prophetic clarity from great hearts.

– Theodore Roosevelt

The day is coming when medical abuse will be brought to justice and those who justified it will find they were on the wrong side of history, to their shame and regret. The more we call out the whitewashing mollycoddles and speak with the truth of prophetic clarity, the sooner that day comes.

I am filing away this paperwork, and wishing the memories were that easy to shut away, too. We have bills upon bills from facilities who actually did provide service for Kav, and we are grateful for those in the medical industry who are doing their work with integrity and honesty.

Bottom line: Be a decent person. Don’t hide behind hypocrisy and double standards. And be nice to nerdy writers; we know how to get the word out.