As reported by The Post-Standard from Syracuse, NY, a local health facility is being sued for wrongful death as an 88 year-old man that was left in their charge, with a history of falling, fell and subsequently died.
The suit claims that the St. Joseph's Hospital Health Center failed to monitor A.K. properly prior to his fall, and delayed in making an emergency call for an anesthesiologist after his fall.
The delay in providing A.K. with emergency care, according to the lawsuit, directly resulted in a lack of oxygen to his brain, and death a day after his fall.
Damages are yet to be specified, though compensatory and punitive damages are being sought. The suit was filed by A.K.'s widow M.K.
The lawsuit states that on June 1, 2011 A.K. was admitted to St Joseph's due to issues caused by pulmonary hypertension: shortness of breath and dizziness. An orange bracelet, that notes a patient's high propensity for falls, was not issued.
Nursing assistance was to be provided whenever A.K. needed to use the bathroom.
On June 3, 2011, at 2:59 a.m. a licensed practical nurse assisted A.K. to the toilet. Once there she turned away from A.K. to gaze out of the room's door. At that moment A.K. fell down.
A.K., with blood pooling around his face from a cut, was unresponsive. The nurse contacted the cardiopulmonary resuscitation team (CART) for immediate help. The anesthesiologist failed to respond to the call.
As blood obstructed A.K.'s airway a respiratory therapist was unable to intubate him. The anesthesiologist was then paged, and finally reached via his cellular phone. When the anesthesiologist did arrive – 16 minutes after A.K.'s fall – A.K. was already suffering due to a lack of oxygen to his brain.
The following day A.K. had a seizure and died.
According to attorney Michael Bottar, representing M.K. in the lawsuit, both the fall and the lack of oxygen contributed to A.K.'s death. Additionally, violations at St. Joseph's found by the state Department of Health (DOH) are the basis of most of the suit's allegations.
Bottar also stated that the nurse was not to leave A.K. alone and that the same nurse had failed to receive the hospital's latest training in regards to reducing patient falls.
Issues with the timeliness of the CART call system are cited by both the DOH and in the lawsuit. The hospital admitted that "pockets of communication blocks due to new construction" is what caused the holdup in treatment.
Issues in the CART system had been noted in May of 2011 by the DOH – prior to A.K.'s death.
Other items noted in the lawsuit include inaccuracies in nursing documentation records in regards to A.K.
Bottar believed that the report by DOH alone could have warranted a settlement without filing a lawsuit, however a settlement was not obtained.
Contact a personal injury lawyer to file a wrongful death lawsuit and seek a monetary award for your own damages.