When I received the suit filed against the Woodstock Residence in what has been called the “Angel of Death” case, I didn’t get the accompanying exhibits.
Monday, I got them.
One is from a Dr. Bruce Hyman. He concludes,
“In my opinion, there is a reasonable and meritorious basis for filing a cause of action against the Woodstock Residence.”
Hyman is described as “internal medicine doctor who does geriatrics and who sees patients in nursing home” by attorney Steven Levin. A report such as his is required whenever an attorney files a medical malpractice case.
Hyman reviewed
Illinois State Police file No. 06-18954
Illinois Department of Public Health Complaint No. 0674232
Centegra Hospital Records
Woodstock Residence Records (Incomplete)
Monarch Hospice and Palliative Care Records Dates of Treatment 9/6/06 – 9/9/06
Death Certificate 9/10/06
The doctor points out that Virginia Cole resided at the nursing home from July 17, 2006 through September 10, 2006.
Then, there is this statement:
“On or about April 3, 2006, the Administrator at Woodstock Residence was aware that Morphine Sulfate was being administered to patients without an order and/or outside prescribed parameters.”
Here is Dr. Hyman’s chain of logic:
“Based upon my experience, training, knowledge, and my review of the above records, it is my opinion to a degree of medical certainty that the care provided at Woodstock Residence to Virginia Cole fell below the minimum standard of care and constituted negligence due to the following negligent acts or omissions:
1.Failure to initiate and conduct a complete and thorough investigation after allegations were made that a staff nurse was overmedicating patients;
2.Failed to protect residents from possible injury/abuse once it was alleged that a staff nurse was misusing medications;
3.Failed to properly access the need for, and monitor residents receiving Morphine Sulfate on an as needed basis;
4.Failed to assure there was an accurate count of all controlled medications to identify loss or diversion;
5.Failed to notify local law enforcement and state officials of possible criminal activity involving the potential misuse of narcotic medications by a staff nurse;
6.Failed to prevent the use of a Scheduled II medication, Morphine Sulfate, in excessive unmonitored doses to Virginia;
7.Failed to stop the use of a Scheduled II medication to Virginia after a noticeable change in her condition;
8.Failed to provide adequate monitoring for the use of Morphine Sulfate according to the current standard or practice and manufacturer’s guidelines;
9.Failed to ensure that the contracted pharmacy accurately reviewed the drug regimen of residents using Morphine Sulfate and promptly identify irregularities;
10.Failed to ensure Virginia was free from the use of chemical restraints without a physician’s order;
11.Failed to ensure that medications administered to Virginia had been ordered by a physician;
12.Failed to take reasonable steps to see that appropriate medical attention was given to Virginia when it was known, or should have been known that such care was urgently needed; and
13.Failed to property train individuals who provided care to Virginia, including, but not limited to, the administration of medication.”
Next Tennessee registered Nurse Darlene Bellows looks at LPN Marty Himbaugh’s care for the deceased.
“Improperly administered Morphine Sulfate” start four of her conclusions.
There are two “failed to assess” findings.
Two “failed to notify Virginia’s physician.”
And, “Failed to stop the use of Morphine Sulfate after a noticeable change in condition.”
Another affidavit by RN Bellows looks at how RN Penny Whitlock behaved as far as Virginia Cole’s case goes:
“Carelessly encouraged a staff nurse to continue actions which constituted neglect or abuse.”
In addition, conclusions similar to the ones drawn above about the LPN’s professional behavior are made.
Dr. Gurbax S. Saini, who was apparently Virginia Cole’s physician at the Woodstock Residence is asked a series of questions.
One of the questions:
“State whether you ordered any Morphine Sulfate or any similar pain medication for Virginia Cole,” plus details.