I practice healthcare law in NY. Mostly medical malpractice, nursing negligence, and facility compliance. The scenario that OP describes has many red flags.
At minimum, if it was me, I would think that a need for around the clock, skilled nursing care is very serious; much more so than around the clock aides / home assistance. Requiring this level of assistance demonstrates the fragile state of the resident.
- If it was my friend who worked at a (skilled nursing facility?) and was planning this trip, from a liability standpoint, I would be concerned for her. Unless the friend is at the very top of the chain of command for the facility (or even better, if it’s a multi-entity corporation, for the corporation at large), I would hope that the friend ran it up the chain of command and received corporate approval. In this vein, that the friend / resident also sought medical clearance and that a physician approved it, perhaps with enumerated limitations and safeguards to be strictly followed. The medical clearance would be important for all involved. I would also hope that even if the resident consented, if there is family/friends in the resident’s life, particularly if there is guardianship over the resident, that the appropriate individual(s) in the resident’s life also consent.
- I would speculate that special accommodations may need to be made for the flight, to include, but not necessarily be limited to planning for medical emergency. Perhaps approval from the airline.
- Once in the Orlando area, it seems prudent to have a known provider/practice lined up, for whatever ailment(s) the resident has, in case something adverse were to occur. Without planning, this would essentially be a foreign land with unknown medical providers, at unknown locations. If it was me, I would hate to have to rely on and waste precious time with WDW’s equivalent of, at most, an urgent care setting.
- I would continue to think that 24/7 skilled nursing care is very serious. Does the resident require turning and positioning in bed, other pressure relieving, or other nighttime interventions / administration of ____. If so, may need to find a hotel or other place that can accommodate, e.g., a Hillrom bed or whatever other equipment may be prudent.
- In considering physician approval for the trip and its discrete components, this could very loosely be analogized to medical clearance before surgery. Not considering it being potential malpractice, I personally wouldn’t want my primary to be the one who clears me for a complex procedure. I would want an appropriate specialist to do that. While a primary care physician might be able to clear for a flight and being out of the facility for whatever the duration might be, depending on specific ailment(s) of the resident, I would certainly consider obtaining appropriate specialist clearance (e.g., if orthopaedist is in picture) to ride particular rides. It might be one thing to ride the train around MK, but could potentially place the resident in peril (physical force, elevated heart rate, etc…) to say, ride Tron Lightcycle.
- I am assuming that there are other potential considerations above and beyond those that I have listed.
(Obligatory disclaimer: Nothing within this post is legal advice and there is no attorney-client relationship.)
