A hospital is suing to move a quadriplegic 18-year-old to a nursing home. She says no
From her hospital bed, Alexis Ratcliff poses a poignant question: "Who expects to get sued at 18?"
Ratcliff finds herself in that very predicament, facing a lawsuit from the Winston-Salem, N.C., hospital that seeks to compel her departure.
As a quadriplegic relying on a ventilator, Ratcliff has resided at Atrium Health Wake Forest Baptist since the age of 13. Yet, her desire to depart is matched by her reluctance to relocate to a nursing home in another state, which the hospital has arranged.
Her aspiration is to reside in a local residence, in proximity to her family and schooling.
Refusing the distant nursing home's offer prompted the hospital to file a lawsuit against her for trespassing.
This impasse underscores the widespread failure of states to adequately cater to the long-term-care needs of younger individuals with intricate disabilities. This year marks the 25th anniversary of a U.S. Supreme Court decision emphasizing states' responsibility to facilitate the independent living of individuals with disabilities, regardless of age, in their own homes rather than institutional settings like hospitals and nursing homes.
In Ratcliff's hospital room adorned with cards, posters, and Disney memorabilia, she speaks softly amidst the constant hum of the ventilator, a lifeline sustaining her. "I didn't choose to be here," she murmurs. "This wasn't my decision. I never wanted this. But now, I'm the one facing a lawsuit."
She implores the state of North Carolina, her lifelong home, to secure a house or apartment for her, complete with necessary aides and nurses, mirroring initiatives undertaken for others with similar disabilities.
"Yes, I am a quadriplegic," she asserts, "but I am still a person, just like everyone else. I deserve the opportunity to live life to the fullest extent of my abilities."
Ratcliff emphasizes the importance of proximity to her family and the nearby college that granted her a full academic scholarship. Although she has commenced online courses, her dream remains attending classes on campus one day.
Ratcliff's journey began tragically in February 2008, at just 18 months old, when a car accident left her with a crushed neck. Her mother, driving under the influence of drugs, caused the collision, resulting in multiple convictions and a prison sentence. It was the doctors at Wake Forest Baptist who saved Ratcliff's life.
Initially sent home to be cared for by family, Ratcliff received assistance from North Carolina's Medicaid agency, which provided nurses and aides. However, this arrangement ceased when her grandfather's health deteriorated, compelling his relocation to an assisted living facility. Thus, in January 2019, at the age of 13, Ratcliff returned to the hospital, with only a brief interlude in foster care marking the sole departure since then.
Dr. Kevin High, the hospital's vice chief academic officer, asserts that the issue is not financial, as Medicaid covers Ratcliff's care. High contends that a hospital is not a suitable long-term residence. According to the hospital's lawsuit, Ratcliff's health has remained stable, barring a brief period following her return from foster care, and her care needs do not justify her continued hospital stay.
"We always have individuals waiting for beds, especially in the ICU," remarks High, who served as the hospital's president until September. He laments instances where individuals are turned away or endure prolonged waits due to extended hospital stays like Ratcliff's.
Ratcliff maintains her need for the hospital bed until suitable arrangements are made for her care in a home or apartment.
Since her return to the hospital in 2019, Ratcliff has received attentive and proficient care. She has experienced no bedsores or respiratory infections, common and perilous for quadriplegics reliant on ventilators.
The hospital staff, including nurses, doctors, and support personnel, have emerged as Ratcliff's staunchest advocates and closest companions.
Last spring, when Ratcliff graduated from high school, the pediatric staff at Brenner Children's Hospital hosted a celebratory event. In August, upon turning 18, Ratcliff was feted with an even grander birthday bash.
However, the subsequent directive from the health center's officials to relocate her to the adult wing and the escalated pressure to vacate underscores the ongoing challenges. With no local nursing home willing to accept her, the hospital identified one in Virginia, several hours away.
High acknowledges Ratcliff's initial agreement to the arrangement. Nonetheless, Ratcliff, now her own guardian at 18, alleges coercion by hospital staff, who purportedly warned her of potential placement in a more distant facility, possibly in Ohio, should she decline the Virginia option. Ratcliff and her legal representatives contend that she was compelled to decide without familial or representative counsel.
Allegations from Ratcliff's lawyers suggest retaliatory actions by the hospital, including the removal of respiratory equipment necessary for outdoor excursions and the termination of a contract with a nurse who occasionally accompanied her outside the hospital.
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