My mother was just placed into a local nursing home after many years of my wife and I taking care of her around the clock had taken its toll on both us, and my mother. When admitted, I informed the staff (and social worker there) that my mother had had a craniotomy back in the 1980’s due to a severe infection, and because of it..had several “holes” in her skull where bone had to be removed (caused by the infection eating away at it…lots more details to that but its neither here nor there.) These “holes” meant (I told them) that she could NOT receive hair washing more than 2-3 times a week and she could NOT have her hair dyed in any way, shape or form because of the risk of the chemicals/dyes seeping into her scalp and into her brain. This has always been backed up by both my mother’s general doctor and her neurologist (they did not want her exposed to chemicals on her head.)
The problem at hand: My mother has dementia. I went to visit her this afternoon and when I walked into the room, I was absolutely SHOCKED to see that her white hair had been dyed jet black, and cut short. She said “oh, I asked them to do this for me when I went for my haircut. Do you like it??” I, of course, freaked out. I know that the nursing home has it on file that my mother is not to have her hair dyed..so why was this allowed to happen? I marked right into the director’s office and explained that the dye could very well cause permanent damage to my mother’s already failing cognitive skills. The director said that they would not be responsible for this.
Do I have a legal leg to stand on here? I’m terrified that something terrible, possible irreversible, has happened because of the dye. Who do I speak to about this? I think this is gross negligence on their part. Any advice would be greatly appreciated. I apologize for the lengthy typing.
The haircut and dying was performed by the in-house beautician…on the main floor of the nursing home. I am not looking for money here. But if the dye does prove to have caused damage I want the nursing home held responsible for her medical bills that arise from it.
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you have a lawsuit, get yourself a lawyer.
Well they shouldn’t have disobeyed your rules. However, your mother is in no danger. I would be concerned about any Dr. who thought so. The blood brain barrier is not going to be penetrated by hair dye applied to the scalp. When they found a dye for medical purposes that would transverse this barrier they were ecstatic. (http://www.sciencenews.org/view/feature/id/36345/title/Breaking_the_Barrier) Now with that said, put yourself in your mother’s position, elderly, in a nursing home, not able to do much or think straight. She has this one thing she gets to decide for herself.. does it really matter at this point? But regardless, she is not going to suffer in any way from the hair dye. You can disbelieve this, but you will see I am correct. Let her have some joy. You don’t need to feel that you have to keep her going as long as possible. Better one more year being as happy as she can be, making the decisions she is able to make, for better or worse, than coddled to live as long as possible like a china doll in a glass case.
Now, one thing to consider is you can only sue if you can prove “damage”, which in this case is probably near impossible to do, at least while she is living. Where was the coloring done and by whom? Did a friend or relative sign her out of the nursing home when this was done? If so, it’s out of the nursing home’s control. Get more info if you can, then talk to her doctor and a lawyer. You may also file a complaint with whatever (assuming you’re in the U.S.) state agency is responsible for Nursing Home regulation in your state. They will investigate your complaint.
I’m really sorry to hear about her situation.
Keep in mind that most advice on this site probably isn’t worth much more than you paid for it..
EDIT 04/04 - If there has not been a “guardianship” (or some kind of declaration by the courts of a diminished capacity) or an active “healthcare proxy” (healthcare power of attorney, etc.), then your mother is free to choose, in which case the home may (operative word here is “may”) not be liable. Again, you should consult an attorney at law for sound legal advice.