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Wuerl Legal Nurse Consulting, LLC
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| CASE EXAMPLES
WRONGFUL DEATH A middle
aged male with esophageal cancer was admitted to a hospital for insertion of a jejunostomy tube in the small intestine for nutrition,
medication administration and hydration.
The surgeon, in order to prevent anyone from inflating the balloon of
the Foley catheter used for this purpose, cut the insertion port and instructed
all of the nursing staff at the hospital on the proper care of the jejunostomy tube. He
instructed them that inflating the balloon would result in perforation of the
small intestine and possibly the patient’s death. The patient was later
transferred to a sub-acute rehabilitation facility where he was to work on
strengthening prior to going home. The
admitting RN erroneously noted the feeding tube as a gastrostomy
tube and gave orders accordingly. Later
that week, there was a problem with the tube, the patient reported a “pop” and
was subsequently transferred to the ER where he later died. Based on the CLNC’s initial screening of the case, the nursing home, the
admitting nurse and the LPN were sued for wrongful death of the patient The hospital was
also named as a defendant for lack of instruction to the nursing home on care
of the J-tube, which resulted in his death.
The family was awarded $25 million for malpractice issues resulting in
wrongful death. TAMPERING AND FRAUD An elderly
nursing home resident with severe dementia, CHF, Diabetes, Chronic Renal
Failure, and COPD was totally dependant on staff for care, including bathing,
dressing, toileting, transfers, eating and bed mobility. A new nursing assistant noticed a dark bruise
on the resident’s body and alerted the nurse.
Later that day the resident died.
An autopsy was performed which
indicated the resident fell within hours of the death, and the family sued the
facility. Review of the medical records
revealed no documentation about the bruise or the fall. The nursing home and
nurses were found guilty of tampering with the medical record and for the
wrongful death. The administrators are
serving 10-year prison sentences. RESPIRATORY FAILURE A young
home care patient was confined to the home, and on continuous oxygen via a tracheostomy for Pickwickian
syndrome, a multi-system disease process where there is an excessive amount of
fatty tissue, especially around the respiratory system. The home care Case Manager noted the client’s
pathways were clear, and there was no clutter from room to room. The person coughed hard and
expelled the trach tube while home alone. Following the instruction received in the
hospital years before, he tried to replace the trach
tube, like he’s done before.
Unfortunately, he ran into trouble and called 911. When the fire department arrived, they found
him pulseless and non-breathing on the floor, and
initiated CPR. The CLNC’s
initial screening and research in Pickwickian
syndrome showed no merit for proceeding with court because the scenario is a
common result for people with the unfortunate disease process. |
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