So my center is now a Davita... Let the H*ll begin...

[dialysis.sucks]

 

Reallllyyyyy long story short there is no love lost between Davita and I. Nearly killed me, twice, etc... In all fairness, it could've simply been that ONE center. I'm not one to generalize an entire corporation by one satellite location, however its how they do somethings (their corporate culture if you will) that leads to the centers and particularly the nurses and techs, acting the way they do.

So my center has now officially been bought out by Davita and the changes are starting. Gone is the personalized service, while not always great, it was always friendly and less corporate "cold"... All that changed when I went in to my center today and the first thing I noticed was a bunch of people in the very small waiting room (no one is ever in there) and the door to the treatment center locked. Now I get WHY they lock the door, false sense of security and all, but all the same I preferred walking through the door saying my hellos (to staff and patients) and goodbyes (to leaving patients).

Next I had to sign a mountain of paperwork that basically said in no uncertain terms my assets are now there assets if, for some reason, medicare decides not to pay. Up to and including first rights to all retirement, pensions, life insurance, etc... Now Ive been involved in multi million dollar contracts before in my "working life" and they had FAR less legalese than these "simple" 30 pages of documents that they want sick people to sign. I had to fight to get copies PRIOR to signing.

Thirdly, they no longer offer any medications, even tylenol, even if it was prescribed. Once again I understand, WHY, however trying to mitigate potential lawsuits, when medications are prescribed by an outside doctor in the first place, in place of the comfort of the patient (the whole reason the company exists) is slightly ridiculous.

So we will see what the next couple of weeks hold in the way of service. Had to rant. I dont want to "corporate bash" for the sake of doing so, but when almost the entire "clientele" complains when you start to initiate changes, there might, just might, be a problem.

[Rerun]

My DSI center got bought out by DaVita a year ago.  I had a hard time signing my life and children (if I had any) over to them.  Really?  But, if you don't sign it you are out the door.  I made them research it and got the "oh, they just have to put that blah blah".  I bet you anything when I die they come in with that paper and take anything I have left my family.  Even the dog!

A lot of stuff changed at first but now it is back to normal.  The poor staff have to wear these white plastic lab coats.  So, my nurse is sweating on me.... just dripping.  How is that sanitary?

They ran out of lidocaine shots.... said there was a national shortage... I went to Walmart with an Rx from my doc and got 5 vials.  It is not medically necessary so they don't provide it.  National shortage my ass!  I got some at Walmart! 

 

[Hemodoc]

My DSI center got bought out by DaVita a year ago.  I had a hard time signing my life and children (if I had any) over to them.  Really?  But, if you don't sign it you are out the door.  I made them research it and got the "oh, they just have to put that blah blah".  I bet you anything when I die they come in with that paper and take anything I have left my family.  Even the dog!

A lot of stuff changed at first but now it is back to normal.  The poor staff have to wear these white plastic lab coats.  So, my nurse is sweating on me.... just dripping.  How is that sanitary?

They ran out of lidocaine shots.... said there was a national shortage... I went to Walmart with an Rx from my doc and got 5 vials.  It is not medically necessary so they don't provide it.  National shortage my ass!  I got some at Walmart! 

 

Wow that sounds a lot like my unit.

[Simon Dog]

I had to fight to get copies PRIOR to signing.

Pressuring you to sign the contract, without giving you a fair opportunity to read it and have it reviewed you your attorney, could constitute duress and compromise the enforceability of said contract.

[dialysis.sucks]

I had to fight to get copies PRIOR to signing.

Pressuring you to sign the contract, without giving you a fair opportunity to read it and have it reviewed you your attorney, could constitute duress and compromise the enforceability of said contract.

Yup... Thats why I made sure others heard that they wouldnt let me take home the paperwork and had to sign it there in the office (AFTER dialysis) 

[Simon Dog]

in place of the comfort of the patient (the whole reason the company exists)

No.  The company exists to generate a return for the shareholders.

Yup... Thats why I made sure others heard that they wouldnt let me take home the paperwork and had to sign it there in the office (AFTER dialysis)  :angel

Another option is to sign, but find some space in the margin and write "I was required to sign this without being given an opportunity to have my attorney review it as a condition of receiving lifesaving treatment."

When my employer signs someone, they are given a week or so to return the papers (to get the severance) and advised, in writing, that they are encouraged to have the employees attorney review the contract if they wish.

[NDXUFan]

They will not have an easy time collecting. 

Reallllyyyyy long story short there is no love lost between Davita and I. Nearly killed me, twice, etc... In all fairness, it could've simply been that ONE center. I'm not one to generalize an entire corporation by one satellite location, however its how they do somethings (their corporate culture if you will) that leads to the centers and particularly the nurses and techs, acting the way they do.

So my center has now officially been bought out by Davita and the changes are starting. Gone is the personalized service, while not always great, it was always friendly and less corporate "cold"... All that changed when I went in to my center today and the first thing I noticed was a bunch of people in the very small waiting room (no one is ever in there) and the door to the treatment center locked. Now I get WHY they lock the door, false sense of security and all, but all the same I preferred walking through the door saying my hellos (to staff and patients) and goodbyes (to leaving patients).

Next I had to sign a mountain of paperwork that basically said in no uncertain terms my assets are now there assets if, for some reason, medicare decides not to pay. Up to and including first rights to all retirement, pensions, life insurance, etc... Now Ive been involved in multi million dollar contracts before in my "working life" and they had FAR less legalese than these "simple" 30 pages of documents that they want sick people to sign. I had to fight to get copies PRIOR to signing.

Thirdly, they no longer offer any medications, even tylenol, even if it was prescribed. Once again I understand, WHY, however trying to mitigate potential lawsuits, when medications are prescribed by an outside doctor in the first place, in place of the comfort of the patient (the whole reason the company exists) is slightly ridiculous.

So we will see what the next couple of weeks hold in the way of service. Had to rant. I dont want to "corporate bash" for the sake of doing so, but when almost the entire "clientele" complains when you start to initiate changes, there might, just might, be a problem.

[Jean]

   WOW!!!!

[Swamp Gator]

QUOTE:
Pressuring you to sign the contract, without giving you a fair opportunity to read it and have it reviewed you your attorney, could constitute duress and compromise the enforceability of said contract. UNQUOTE

That is a violation of a Tort Liability... Meaning they are responsible and held financially accountable for ALL health issued the duress causes you and your loved ones as a result of the stress/pressure/duress/emotional upset caused by their action.

This not only includes Davita, but also the staff member who was a party to such actions and they could not only be responsible for the Tort Liability but could also loose their license in the medical field forever.

Davita can not put you out of their center... It is a bluff they use on you. It is against the law to refuse a life saving service to a dying person. They tried to put me out of the Davita center I am in and my husband challenged them on it and I am still there and a constant thorn in their side.

Our unit is the best in our area but they are very unprofessional in how they interact with us patients and how they speak to us. They know I will not hesitate to turn them in and there is a big file on the goings on in our unit. Our Network and also the state health dept. or whom ever investigates their license is watching them closely.

A couple of weeks ago the administrator accused me of being in violation of the Hippa (sp?) Law because I turned a tech who refused to listen to a patient and rudely snipped at him. When I went back in for my next treatment I informed them I had talked to our Network, the kidney transplant hospital and an attorney and I was told I did everything right and THEY were in violation of the Hippa (sp?) Law and a Tort Liability.

They are trying to get me to back off but I won't until they treat the patients right and with dignity and respect. Patients and their families have told me to back off because I can't win... Through my efforts there has been a lot of changes for the better and a lot of lives improved. I won't quit until all the necessary changes are made.

I have never in my life seen such a disregard for human life and dignity before. But in Davita's defense, in our unit anyway Davita is not the problem. This problem has been there long before Davia bought our unit about 1 1/2 years ago.

SG

[Bill Peckham]

Davita can not put you out of their center... It is a bluff they use on you. It is against the law to refuse a life saving service to a dying person. They tried to put me out of the Davita center I am in and my husband challenged them on it and I am still there and a constant thorn in their side.

I'm glad you've been successful but it is absolutely true that DaVita, or any other dialysis provider, can refuse to treat you - there are many stories of dialysis providers refusing to treat a patient, firing them in effect and even impacting their ability to get care at other units. The for profit dialysis providers exchanged the ethics of medicine for the ethics of business a long time ago.

[NDXUFan]

Davita can not put you out of their center... It is a bluff they use on you. It is against the law to refuse a life saving service to a dying person. They tried to put me out of the Davita center I am in and my husband challenged them on it and I am still there and a constant thorn in their side.

I'm glad you've been successful but it is absolutely true that DaVita, or any other dialysis provider, can refuse to treat you - there are many stories of dialysis providers refusing to treat a patient, firing them in effect and even impacting their ability to get care at other units. The for profit dialysis providers exchanged the ethics of medicine for the ethics of business a long time ago.

Can you spell "L-a-w-s-u-i-t?"  As Fred Rodgers said, "I know you can."  Can you spell p-u-b-l-i-c r-e-l-a-t-i-o-n-s n-i-g-h-t-m-a-r-e?  Can you see that my friend is an attorney who sues, who is paid $300 per hour?  Can you also see that I would call my Senator who regulates the dialysis industry, along with county officials who could audit your property tax bills???  Have a nice day.......

[Bill Peckham]

Davita can not put you out of their center... It is a bluff they use on you. It is against the law to refuse a life saving service to a dying person. They tried to put me out of the Davita center I am in and my husband challenged them on it and I am still there and a constant thorn in their side.

I'm glad you've been successful but it is absolutely true that DaVita, or any other dialysis provider, can refuse to treat you - there are many stories of dialysis providers refusing to treat a patient, firing them in effect and even impacting their ability to get care at other units. The for profit dialysis providers exchanged the ethics of medicine for the ethics of business a long time ago.

Can you spell "L-a-w-s-u-i-t?"  As Fred Rodgers said, "I know you can."  Can you spell p-u-b-l-i-c r-e-l-a-t-i-o-n-s n-i-g-h-t-m-a-r-e?  Can you see that my friend is an attorney who sues, who is paid $300 per hour?  Can you also see that I would call my Senator who regulates the dialysis industry, along with county officials who could audit your property tax bills???  Have a nice day.......

Involuntary dismissal happens all the time, tens of thousands hundreds of times a year. There are seminars about it at conferences. There are PowerPoints available online that explain the process. No lawyer will take your case.

[Simon Dog]

I expect Bill is right.  A lawyer may get $300/hour, but that is not paid by the other party unless there is a victory in court or a settlement.   This means you have to find an attorney who considers the chances of winning, and the payoff, large enough to invest his/her time in the case.   Clinics always follow proper procedure, give reasonable (in their viewpoint) notice you need to find another clinic, etc.   

You will have no trouble finding an attorney to take you case, provided you can supply a hefty retainer that is drawn down at $300 - $600/hour.   Finding one to take a dismissal case on contingency is going to be a long and fruitless quest.

[NDXUFan]

Davita can not put you out of their center... It is a bluff they use on you. It is against the law to refuse a life saving service to a dying person. They tried to put me out of the Davita center I am in and my husband challenged them on it and I am still there and a constant thorn in their side.

I'm glad you've been successful but it is absolutely true that DaVita, or any other dialysis provider, can refuse to treat you - there are many stories of dialysis providers refusing to treat a patient, firing them in effect and even impacting their ability to get care at other units. The for profit dialysis providers exchanged the ethics of medicine for the ethics of business a long time ago.

Can you spell "L-a-w-s-u-i-t?"  As Fred Rodgers said, "I know you can."  Can you spell p-u-b-l-i-c r-e-l-a-t-i-o-n-s n-i-g-h-t-m-a-r-e?  Can you see that my friend is an attorney who sues, who is paid $300 per hour?  Can you also see that I would call my Senator who regulates the dialysis industry, along with county officials who could audit your property tax bills???  Have a nice day.......

Involuntary dismissal happens all the time, tens of thousands hundreds of times a year. There are seminars about it at conferences. There are PowerPoints available online that explain the process. No lawyer will take your case.

There is more than one way to skin a cat.......

[NDXUFan]

Reallllyyyyy long story short there is no love lost between Davita and I. Nearly killed me, twice, etc... In all fairness, it could've simply been that ONE center. I'm not one to generalize an entire corporation by one satellite location, however its how they do somethings (their corporate culture if you will) that leads to the centers and particularly the nurses and techs, acting the way they do.

So my center has now officially been bought out by Davita and the changes are starting. Gone is the personalized service, while not always great, it was always friendly and less corporate "cold"... All that changed when I went in to my center today and the first thing I noticed was a bunch of people in the very small waiting room (no one is ever in there) and the door to the treatment center locked. Now I get WHY they lock the door, false sense of security and all, but all the same I preferred walking through the door saying my hellos (to staff and patients) and goodbyes (to leaving patients).

Next I had to sign a mountain of paperwork that basically said in no uncertain terms my assets are now there assets if, for some reason, medicare decides not to pay. Up to and including first rights to all retirement, pensions, life insurance, etc... Now Ive been involved in multi million dollar contracts before in my "working life" and they had FAR less legalese than these "simple" 30 pages of documents that they want sick people to sign. I had to fight to get copies PRIOR to signing.

Thirdly, they no longer offer any medications, even tylenol, even if it was prescribed. Once again I understand, WHY, however trying to mitigate potential lawsuits, when medications are prescribed by an outside doctor in the first place, in place of the comfort of the patient (the whole reason the company exists) is slightly ridiculous.

So we will see what the next couple of weeks hold in the way of service. Had to rant. I dont want to "corporate bash" for the sake of doing so, but when almost the entire "clientele" complains when you start to initiate changes, there might, just might, be a problem.

   

Good luck in collecting, what a joke.

[NDXUFan]

I expect Bill is right.  A lawyer may get $300/hour, but that is not paid by the other party unless there is a victory in court or a settlement.   This means you have to find an attorney who considers the chances of winning, and the payoff, large enough to invest his/her time in the case.   Clinics always follow proper procedure, give reasonable (in their viewpoint) notice you need to find another clinic, etc.   

You will have no trouble finding an attorney to take you case, provided you can supply a hefty retainer that is drawn down at $300 - $600/hour.   Finding one to take a dismissal case on contingency is going to be a long and fruitless quest.

Big Boy, I have been in law for about 20 years....    In addition, I can pay any retainer......  My attorney is a best friend from childhood, since 1977.  I hate to shoot your plane down, always is a false argument.  Private companies and government lose lawsuits, all of the time.  "Reasonable" is in the eye of the beholder, when the real question is "What is a jury going to think?"  In other words, their "opinion" does not make facts. 

http://www.enquirer.com/editions/1999/09/02/loc_sheriff_filed_dozens.html

Allegations raised in the medical malpractice lawsuit indicate that the dialysis center workers allowed Paxson to fall while transferring her from her wheelchair in January 2012. As a result of the injury, Paxson suffered a subdural hematoma, lost consciousness until May and now has to use a feeding tube to eat. Paxson claims that the Fresenius dialysis center failed to follow the company’s policy towards fall assessments and was negligent in its duty to ensure that she did not fall and injure herself. The clinic’s own assessment had identified Paxson as a patient belonging to a category of those at most risk of suffering a fall for multiple reasons. The Fresesnius dialysis clinic has been accused of malpractice, violation of reasonable care, and violation of the defendants own standards of care in preventing falls. The lawsuit seeks compensatory and punitive damages for Adda Paxson, alleging that the clinic acted in total disregard for her safety. Her husband is seeking financial compensation for loss of consortium - See more at: http://www.aboutlawsuits.com/dialysis-injury-lawsuit-medical-malpractice-38356/#sthash.hVdAWCOT.dpuf

I wonder what a jury would think if a dialysis patient was involuntarily discharged and because of their actions, that patient had a cardiac event?   Let us say that I beat you up badly in an alley......  Later, in the hospital, you die from those injuries that I inflicted on you in the alley.  First, the local prosecuting jurisdiction is going to get me for felony assault and then, when you die in the hospital, they are going to try to get me on a murder charge.....   However, it will probably be pleaded down to a lesser charge.....  such as manslaughter......  Civil lawsuits are not the only remedy available, criminal charges are also available.    I wonder how reasonable a jury would find the actions of a dialysis clinic, if the patient was discharged for complaining about a tech not washing their hands, to handle their access, after they took out the trash?  Is that a reasonable standard of care?  Common sense dictates that it is not a reasonable standard of care, nor is allowing bugs into a dialysis center.  Dialysis clinics are not God, they are not judge, jury, or executioner......  Why are dialysis clinics exempted from reasonable standards of conduct that are applied to the rest of society?

[Simon Dog]

I hate to shoot your plane down, always is a false argument.

You are indeed fortunate to be in the small minority where your access to top flight legal counsel is not limited solely to contingency fee attorneys.  I'd guess my generalization that per-hour counsel is not a practical avenue applies to at least 90% of the dialysis population.

Private companies and government lose lawsuits, all of the time.

Absolutely true.  Been there, done that.     My point was that for the "little guy" taking on a big corporation requires the partnership with contingency fee counsel.

[NDXUFan]

I hate to shoot your plane down, always is a false argument.

You are indeed fortunate to be in the small minority where your access to top flight legal counsel is not limited solely to contingency fee attorneys.  I'd guess my generalization that per-hour counsel is not a practical avenue applies to at least 90% of the dialysis population.

Private companies and government lose lawsuits, all of the time.

Absolutely true.  Been there, done that.     My point was that for the "little guy" taking on a big corporation requires the partnership with contingency fee counsel.

ND: 
Good points and criminal charges are handled by the local county DA, that does not cost a penny to the person on dialysis.  In addition, if the dialysis clinic tries to intimidate the rest of the patients, witness intimindation charges will be bought against these individuals, these charges are felonies.  The court system takes a very dim view of witness intimidation tactics in a criminal case......   A felony charge is a charge that requires at least one year in the slammer, per charge.......