"I explained to him that this was not the Hyatt Regency, but we had to find him another place for him to stay," the lawyer, George Duzane, later reported to the court.
But the visit, which took place in August of last year and led to Gordon's temporary departure from the hospital, had its origin in a last-minute amendment to legislation involving conservatorships approved earlier that year.
The amendment, sponsored by Rep. Andrew Farmer after he was approached by various hospitals, was added to a bill designed to protect those who are placed in the care of conservators. The amendment gave hospitals a way to petition for court approval to discharge patients they say no longer need the costly care of a major health facility.
In Nashville the add-on provision has been used a dozen times to try to discharge people, more than half of them listed on court documents as currently or formerly homeless. In nine of the cases, including Gordon's, the petitions were approved by Davidson Probate Judge David "Randy" Kennedy.
The petition for Gordon's dismissal from the hospital was filed Aug. 8. He died less than a month later, on Sept. 2.
It's not clear from records and interviews who bore ultimate responsibility for the care of the patients involved. No one has alleged that the care they received was substandard. What is known is that the legislation gave hospitals a new way to move patients into other facilities.
Adrienne Newman, associate executive director of FiftyForward, which had been named as Gordon's health care fiduciary under the new law, said Gordon was transferred to a rehabilitation facility but then sent back to Saint Thomas Midtown Hospital on the day he died.
She said repeated efforts to reach Gordon's family had been unsuccessful.
Of the 12 cases filed in Davidson County by Saint Thomas and Vanderbilt hospitals since the new law went into effect July 1, seven were listed on Probate Court petitions as currently or formerly homeless. The first of those petitions was filed the day after the new law took effect. Seven petitions were filed by attorneys for Vanderbilt, while five were filed for Saint Thomas.
The most recent court records show most of those subject to the petitions were transferred to nursing homes, though at least one remains at Vanderbilt.
The petition for Gordon's release, like the others, was couched in official language.
"Respondent has been a patient at petitioner's hospital, but respondent is now ready for discharge," it said.
Later, Duzane said in a report to the court that he was surprised Gordon hadn't died even sooner. That was based on an attempt to interview Gordon at Saint Thomas before his discharge. Duzane told the court that after the petition was approved, Gordon was discharged from the hospital and "placed somewhere."
"Exactly where I am not sure."
Duzane said in a telephone interview that his duties ended once Gordon was discharged. He had been appointed by the court to act as Gordon's legal advocate but did not know where he ended up.
Duzane, who records show had been appointed as the attorney ad litem in many of the cases, said homeless people were the most common recipients of the new designation.
"The hospitals do the best they can do," he said. "It's a sad situation."
