HomeMy WebLinkAbout03-16-06
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4It 1 APPEARANCES:
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MARIELLE F. HAZEN, CELA
Law Office of Marielle F. Hazen
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
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I N D E X
16 witness
MICHAEL DEMICHELE, M.D.
17 Examination by:
Ms. Hazen
Paqe
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Exhibits
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3 having been
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PRO C E E DIN G S
MICHAEL DEMICHELE, M.D.,
sworn, was examined and testified as
MS. HAZEN:
This is the deposition of
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Dr. Demichele.
Am I saying that correctly?
myself.
THE WITNESS: Correct.
MS. HAZEN: Present are Dr. Demichele and
This is regarding Lillian Huntz.
10 EXAMINATION
11 BY MS. HAZEN:
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Q
I have several questions for you.
If you
don't understand a question, please let me know so I
can rephrase it, and if you don't understand it or if
you don't hear a question, please let me know so that I
can restate.
Would you please state your name and
professional address?
A
Michael Demichele, M.D., 108 Lowther
Street, Lemoyne, PA.
Q
Would you describe your education,
22 training, and background with particular emphasis on
23 your experience in evaluating individuals with
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incapacities.
A Okay.
I went to Hahnemann Medical School
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from '87 to '91.
I graduated medical school, went to
2 Hartford, Connecticut, the University of Connecticut,
3 did an Internal Medicine residency program.
4 I have been boarded in Internal Medicine
5 and got reboarded approximately two years ago, which is
6 necessary for everyone in Internal Medicine.
So I am board certified current in
Internal Medicine.
I see anywhere from 1500 to 2000 patients
a year, a busy practice. I see and examine at least
25 to 30 patients a day, see a lot of geriatric
patients, and I probably have done on an estimate five
to six of these competency type of exams before.
Q
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Q
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When did you first examine Lillian Huntz?
She was seen in 6/05.
What were the circumstances?
She at that point had a -- I have to ask
18 you a question.
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How much of her medical history should I
Enough to give her --
disclose?
21 Q Anything relevant to the competency issue.
22 A She at that point had a fungating breast
23 mass that she really I don't even think knew or
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understood what it was, had a blood clot on her lung,
and a pleural effusion which had been treated, and
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psychiatrically at that time I deemed her to have
dementia. I didn't think she could understand her fate
3 or what she wanted or didn't want.
4 I had to speak to several family members
5 at that time and told them that she most likely had a
6 breast tumor.
7 The family did not want aggressive
8 treatment, and said that she had made her wishes clear
9 to all of them beforehand that she did not want to have
10 anything aggressively done.
11 I discharged her on June 17th, 2005.
12 At that point her diagnosis was blood clot in her lung,
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called a pulmonary embolus, probable fungating breast
cancer, and a pleural effusion most likely secondary to
cancer.
The next time I was contacted was by the
family to see if I could help participate since I met
her before, and because they didn't have a physician to
go to with determining her competency and mental
abilities.
So we had our next visit on 1/16/06 In
which I did the mental status examination focusing on
her abilities to concentrate, make decisions, and have
memory.
Q
At this point what is her diagnosis?
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The diagnosis is probable breast cancer,
2 history of pulmonary embolus, and dementia.
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The breast cancer, is that being treated?
No.
What is the prognosis for it?
Poor.
The dementia, could you describe her
8 impairment?
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She did very poorly with orientation to
person, place, time of the year.
She did extremely
11 poor with short- and long-term memory testing. She
12 could not name simple objects. She could not read very
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well, nor follow directions.
When I asked her to write sentences, she
could not do this correctly.
She could not write or
16 follow and write shapes that we asked that most people
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The biggest deficit was In her whereabouts
19 within the time, year, date, where she was.
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She also, on further questioning, not
21 involved in this exam, did not have insight into her
22 disease or its manifestations.
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Q
In your opinion, is Lillian Huntz' ability
to receive and evaluate information and communicate
decisions impaired to such a significant extent that
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she lS totally unable to manage her financial
2 resources?
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Correct, she lS unable.
4 Q Is she totally unable to meet her
5 essential requirements for physical health and safety?
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Correct.
With the dementia, is that a progressive
condition?
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Yes.
So you don't expect any improvement?
No.
What is your recommendation for meeting
essential requirements for physical health and safety
for Lillian Huntz?
A My requirements? The family has been,
from all of the meetings I have had, which were several
by phone in June, and then when they brought her to the
appointment, it seems like the family has been mainly
the ones who have been taking care of her.
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Do you think she needs 24-hour
supervision?
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Yes.
With regard to her financial resources, do
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you believe someone else needs to handle those?
A Yes.
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Q
Given your testimony, I assume you don't
2 think she has the capacity to sign the Power of
3 Attorney.
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At this point, no.
So do you know of any less restrictive
6 alternative to guardianship that would meet her needs?
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No.
In your opinion, would the physical or
9 mental condition of Lillian Huntz be harmed by her
10 presence In court at the hearing on this matter?
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A Can you restate that?
you are asking.
I am not sure what
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She needs to be present under Pennsylvania
14 statutes at the hearing in this matter unless there is
15 medical testimony that her physical or mental condition
16 would be harmed by participating in the court
17 proceeding.
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I am not really sure if she would be able
to sit there and to go through it.
She was very
20 cooperative the last time I have seen her about asking
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the questions.
I thought she thought some of the
22 questions may have been silly or beneath her, but maybe
23 she was just too embarrassed to answer or didn't know.
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I don't know how she would be or react in
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Q Is there anything else you think the Court
should hear in this matter?
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I think that she has a terminal disease,
4 probably breast cancer. She has had blood clots on her
lungs. I think it's quite adamant, if it was due to
her family, that she's even gone as far as she did
because I don't think -- wasn't sure she was even going
to survive this long, but she did.
I don't think, to the best of my
knowledge, she should be making decisions.
Q At this point she is living at home with a
caregiver and the family is participating in that.
They are concerned about the adequacy of that
situation, and would like to see her in a care setting,
15 which is what has precipitated this guardianship
16 petition so that they will be able to make that
17 decision for her.
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Okay.
You would think that is consistent with
20 her best interests?
21 A I would.
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MS. HAZEN:
I have no other questions.
23 I thank you for your time, and the family thanks you
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for your time.
(The deposition was concluded at 11:54 a.m.)
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C E R T I F I CAT E
I, Sharon L. Dougherty, a Notary Public for the
4 Commonwealth of Pennsylvania, do hereby certify:
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That the witness named in the deposition, prior
6 to being examined, was by me first duly sworn or
7 affirmed;
8 That said deposition was taken before me at the
9 time and place herein set forth, and was taken down by
10 me in stenotype and thereafter transcribed under my
11 direction and supervision;
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That said deposition lS a true record of the
testimony given by the witness and of all objections
14 made at the time of the examination.
15 I further certify that I am neither counsel for
16 nor related to any party to said action, nor in any way
17 interested in the outcome thereof.
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