Persons Who Abandon Relatives At Hospital To Face Civil Suits Come January

As of January 2022, the Government will begin the process of filing civil suits against the families of persons who have abandoned their relatives in health facilities.

This was disclosed by Minister of Health and Wellness, Dr. the Hon. Christopher Tufton, who noted that there are currently 174 of these social cases in hospitals across the country.

Social cases refer to patients who have been released but remain in hospital because they have nowhere else to go as their families have abandoned them. There are instances where these persons have remained in hospital for up to seven years.

Dr. Tufton, who was making a statement in the House of Representatives on Wednesday (November 10), said that by filing the civil suits, the intention is to “test these cases to see what the courts’ opinion of this particular situation is likely to be, and from that opinion we’ll explore, where possible, an adjustment in policy or law to hold those persons more accountable”.

“It is really unfair for persons who need a hospital bed and cannot get one, because it is occupied for multiple years by persons who would have been released but have nowhere to go. I believe that the State has to maintain compassion for those persons because they are victims, but we should not confuse the compassion we show to those persons by extending it to the family members who exploit those persons’ situation [and] are taking advantage of their assets where these assets exist. We do have evidence to suggest that those assets exist,” he said.

Dr. Tufton noted that through the Ministry’s social work case management process, families have been identified that are able to support the care and treatment of these social cases but have refused to take on the responsibility.

“We know of cases of persons who are receiving pension from overseas, but relatives have refused to use these funds to support their relatives in hospital or other care. We know of instances where persons have been abandoned in hospital and relatives have rented their property and refuse to use these resources to care for the owners of the property and basically abandon them in our hospital system,” he lamented.

Dr. Tufton stressed that the Government intends to address this matter directly, first, by reaching out to these family members “and hopefully, having dialogue with them to try to help them to appreciate what their responsibilities are. Failing that, we will take any follow-up action that is necessary to see how we can change the attitude and the approach by putting in place the policies, and if necessary, the laws to protect these persons, who have become victims”.

He is imploring Jamaicans to desist from the practice of deliberately abandoning elderly or sickly relatives at the hospital during the Christmas period.

He further advised persons to ensure that their relatives with chronic conditions take their medication, so that they do not become ill and need hospitalisation.

“The Government understands the tremendous challenges that face families in the care and support of their elderly and infirmed relatives.  However, every effort should be made to ensure that persons with chronic diseases take their medications and keep their routine health check-up appointments,” he said.

In the meantime, Dr. Tufton thanked the Minister of Local Government and Rural Development, Hon. Desmond McKenzie, and his team, for partnering with the Ministry of Health and Wellness to create 40-bed spaces at the Golden Age Home in Kingston and May Pen Infirmary, Clarendon, to accommodate 36 social cases, and free up these spaces for coronavirus (COVID-19) patients.

“The Ministry provided $50 million for the addition of spaces at the Golden Age Home in Kingston and May Pen Infirmary… .  We also had put 40 beds at the Spanish Town Infirmary through this partnership and relocated the same [number] of social cases from Spanish Town Hospital,” the Minister said.

In addition, Dr. Tufton informed that the Health and Wellness Ministry continues its thrust to improve the capability of its social workers through training and the identification of alternative strategies and methodologies for the management of social cases.

“In a sense, we have seen it as part of our duty, not just to treat but also to manage the homeless, essentially giving them the appropriate counselling and assessment that is necessary,” he said.