update on my father
update on my father
warrenr said:
The following is a statement by one of the Insurance Companies for hospitals and physicians.
BREACH OF DUTY
Your duty, once created by the physician-patient relationship, is to practice within a reasonable standard of care. This standard is well known to all physicians. It is what medical school, postgraduate medical training, practice experience and continuing medical education teach us. The standard of care might be simply stated as good medical practice.
It is incumbent upon you to keep your medical knowledge current and updated. This will reduce your malpractice risk. Guidelines of practice such as those promulgated by the American Society for Gastrointestinal Endoscopy should be familiar to all endoscopists. Endoscopists should practice within these and other appropriate guidelines in order to maintain a practice level at a reasonable standard of care.(7) http://www.asge.org/nspages/practice/patientcare/anticoagulation.cfm#PageLink05
There sure are a lot of physician's, dentist's and gastroenterologists out there that tell you to stop taking coumadin 4-5 days prior to simple dental procedures and colonoscopies and don't discuss the stroke risk with you.
It seems to me that they are not keeping there medical knowledge current and updated. According to Risk Management Insurance Companies , this would be "A BREACH OF DUTY" by your physician's and dentist's.
If the different medical assoc such as the ASGE have set guidlines concerning perioperative anticoagulation management and the insurance companies for the physicians and hospital's say that they shall operate under these guidlines then were is the breakdown.
It seems that these doctor's are just disregarding all of this info. It is almost crimanal in my opinion.
You valvies need to show the ASGE guidlines to your doctor's and also show or remind them what breach of duty is as outlined by the managed risk insurance companies.
thanks again
warren r mead
Well, it has been quite a while since I last visted this site. I have been so wrapped up in research and the lawsuit. I recieved an email several weeks ago from one of the members here asking for an update on my father's condition and legal proceding's. Here it is.
He is still in a long term care facility. Absolutely no use of left arm or leg, severe depression, no visual field to his left side, can speak fairly well, very short attention span, is on zyprexa for hallucinations, long term memory is good but has short term memory problems. I visit him 3 times daily and put him to bed almost every night. Going to bed is his favorite time. I set his night stand up with a mini coca cola and six turtles (candy). Other than the complications from the stroke/brain damage he is very healthy and will probably live for many year's to come. As originally thought, he will spend the rest of his life in the nursing home. It is mind boggling how much it cost's to keep a person in a long term care facility. To date the out of pocket expense is at $77,000.00. Looks like the out of pocket is going to run about $100,000 per year.
As far as legal proceeding's, the action was filed in Jan 2005 with a trial date set for Jan 2007. Thank's to a special member here (I won't mention Marty's name
) we have retained a top trial attorney/firm. Here is an exerpt from the filing:
COMMON ALLEGATIONS:
18. Warren Mead, a 73 year-old man, had a St. Jude Mechanical Mitral Heart Valve implant on November 23, 1999, performed at Riverside Methodist Hospital in Columbus, Ohio
19. Prior to this surgery, it was recommended to Dr. Roger Wilt placing Warren on long-term Coumadin anticoagulation therapy with a target INR range of 2.0 to 3.0. Warren began the Cournadin therapy and between October 26, 1999 and November 8, 1999, Warren's INR levels ranged from 1.3 to 1.9; below the therapeutic range protocol of 2.0 to 3.0.
20. On November 27, 1999, following the implant surgery, Dr. Duff wrote a letter to Dr. Wilt informing him of the surgery implanting the St. Jude Mechanical Mitral Valve and recommending that the long-term anticoagulation therapy be changed to achieve a therapeutic range of 2.5 to 3.5
21. On November 29, 1999, Dr. Wilt received the November 27, 1999 letter from Dr. Duff and made a handwritten note on Warren's chart indicating receipt of Dr. Duff's letter; however, Warren's Coumadin Anticoagulation Record indicates that Dr. Duff's recommendations were not followed. At no time between November 23, 1999 and February 20, 2004, did Warren's Coumadin levels fall within the INR of 2.5 to 3.5, the range recommended by Dr. Duff.
22. On February 24, 2004, Warren presented to Dr. Wilt for an INR check. On that date, Warren's INR was 1.5. Dr. Wilt instructed Warren to stop taking his Cournadin as of March 4, 2004 in preparation for a routine screening colonoscopy that was scheduled for March 8, 2004. Dr. Wilt also informed Warren that his INR would be checked after the colonoscopy.
23. On March 8, 2004, Warren presented to Dr, Joseph Laney of Ohio Gastroenterology Group at Riverside Methodist Hospital for his routine colonoscoopy. The colonoscopy was performed by Dr. Laney with no complications and no biopsy was performed. Later that same afternoon, following the colonoscopy, Warren's son took Warren home. Warren's son returned to the house later that evening to discover Warren on the floor covered in vomit. The paramedics were called and Warren was taken to the Emergency Room.
24. At the hospital, it was determined that Warren had suffered a massive right side embolic stroke. His INR was checked at the hospital and it had dropped to a level of 1.1. Warren is now confined to a long-term care facility and can no longer enjoy the active life-style he once enjoyed.
PLAINTIFFS' FIRST CAUSE OF ACTION
[Medical Malpractice - All Defendantsl
25. Plaintiffs incorporate the proceeding paragraphs as if fully restated herein.
26. Dr. Roger Wilt fell below the accepted standard of care, skill and diligence for physicians practicing in Ohio or other similar communities in the care and treatment of Warren Mead. Dr. Wilt's failure to meet the accepted standard of care, skill and diligence include, but
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are not limited to his (1) failure to properly monitor and maintain Warren Mead's INR levels within the therapeutic range recommended by Dr. Duff, for over four years; (2) failure to timely schedule INR checks when Warren Mead's INR levels were below the recommended therapeutic range; (3) failure to recognize and communicate the risks of stopping Coumadin to Warren Mead prior to his colonoscopy; (4) failure to properly inform Dr. Laney, the gastroenterologist, of Warren Mead's medical condition and Coumadin levels; (5) failure to recognize Warren Mead as a high condition risk for stopping Coumadin for a low risk colonoscopy, (6) instructing Warren Mead to discontinue Coumadin use for four days prior to the colonoscopy, (7) failure to recommend bridge therapy for the colonoscopy, (8) failure to consult with Dr. Laney, and other negligent acts.
27. Dr. Joseph Laney fell below the accepted standard of care, skill and diligence for physicians practicing in Ohio or other similar communities in the care and treatment of Warren Mead. Dr. Laney's failure to meet the accepted standard of care, skill and diligence include, but are not limited to his (1) failure to discuss Warren Mead's condition risk and the risk of stopping Coumadin for the colonoscopy; (2) failure to check and monitor Warren Mead's INR levels prior to the colonoscopy; (3) failure to recognize Warren Mead as a high condition risk for for stopping Coumadin for a low risk colonoscopy; (4) failure to remain current with the standard procedures and protocols for Coumadin patients, (5) failure to recommend a screening colonoscopy only, as this type of colonoscopy would not have required stoppage of Coumadin or bridge therapy; (6) failure to inform Warren Mead that he should not discontinue Coumadin prior to the colonoscopy; (7) informing Warren Mead through literature that he should discontinue Coumadin for four days before the procedure, (8) failure to consult with Dr. Wilt, and other negligent acts.
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28. The care and treatment rendered to Warren Mead by employees, agents and servants of Defendant Northwest Family Physicians, Inc. fell below the accepted standards of care, skill and diligence for physicians, nurses, and other health care personnel and breached their duties of care owed Warren Mead.
29. The care and treatment rendered to Warren Mead by employees, agents and servants of Ohio Gastroenterology Group fell below the accepted standards of care, skill and diligence for physicians, nurses, and other health care personnel and breached their duties of care owed Warren Mead. Further, Ohio Gastroenterology, Inc. was negligent in informing Warren Mead through pre-colonoscopy literature to discontinue Cournadin.
30. The care and treatment rendered to Warren Mead by employees, agents and servants of Riverside Methodist Hospital fell below the accepted standards of care, skill and diligence for physicians, nurses, and other health care personnel and breached their duties of care owed Warren Mead.
31. Defendants John Doe Physicians Numbers 1-3 fell below the accepted standards of care, skill and diligence for physicians practicing medicine in the Sate of Ohio and similar communities in the care and treatment of Warren Mead. Defendants John Doe Physicians Numbers 1-3 failed to meet the accepted standards of care and treatment of Warren Mead and other negligent acts which may appear during the discovery or at the trial of this action.
32. The care and treatment rendered to Warren Mead by employees, agents and servants of John Doe Corporations Numbers 1-3 fell below the accepted standards of care, skill and diligence for physicians, nurses, and other health care personnel and breached their duties of care owed Waffen Mead.
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33. The named Defendants and John Doe Corporations Numbers 1-3 by and through their agents, servants and employees, breached their duties of reasonable care owed Warren Mead and are liable for the negligent acts and omissions of their employees.
34. As a direct and proximate result of the failure of Defendants to discharge their duties of care owed to Warren Mead and their failure to meet the accepted standards of care, skill and diligence, Warren Mead has suffered a stroke and will continue to suffer physical pain and mental anguish. Warren Mead will incur permanent medical expenses and care expenses, loss of enjoyment of life, inability to do usual functions, brain injury, lost wages and a lost earning capacity. All such damages are permanent.
PLAINTIFFS' SECOND CAUSE OF ACTION
lRespondeat Superiorl
35. Plaintiffs incorporate all allegations contained in the proceeding paragraphs as if fully rewritten herein,
36. At all times relevant hereto, Dr. Roger Wilt was duly employed by and/or acting on the behalf of his employer, Northwest Family Physicians, Inc,
37. Dr. Wilt was in the scope and course of his employment with Northwest Family Physicians, Inc. at the time of his negligent acts,
38. By virtue of the doctrine of respondeat superior, Defendant Northwest Family Physicians, Inc. is and remains liable for Plaintiff's injuries.
39. At all times relevant hereto, Dr. Joseph Laney was duly employed by and/or acting on the behalf of his employer, Ohio Gastroenterology Group.
40. Dr. Laney was in the scope and course of his employment with Ohio Gastroenterology Group at the time of his negligent acts.
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41. By virtue of the doctrine of respondeat superior, Defendant Ohio Gastroenterology Group is and remains liable for Plantiff's injuries.
42. At all times relevant hereto, Dr. Joseph Laney was duly employed by and/or acting on the behalf of his employer, Riverside Methodist Hospital.
43. Dr. Laney was in the scope and course of his employment with Riverside Methodist Hospital at the time of his negligent acts.
44. By virtue of the doctrine of respondeat superior , Defendant Riverside Methodist Hospital is and remains liable for Plaintifrs injuries.
45. At all times relevant hereto, Defendants John Doe Physicians Numbers 1-3 were duly employed by and/or acting on the behalf of their employer, Defendants John Doe Corporations 1-3
46. Defendants John Doe Physicians 1-3 were within the course and scope of their employment with John Doe Corporations 1-3 at the time of their negligent acts.
47. By virtue of the doctrine of respondeat superior, Defendants John Corporations 1-3 are and remain liable for Plaintiff's injuries.
PLAINTIFFS' THIRD CAUSE OF ACTION
[Loss of Consortium of Warren Mead, Jr. and Deborah Mead - All Defendants]
48. Plaintiffs incorporate all allegations contained in the preceding paragraphs as if fully rewritten herein.
52. Plaintiffs Warren Mead, Jr. and Deborah Mead state that by virtue of the negligence of Defendants and the resulting injuries to their father, Warren Mead, they sustained a loss of his society, companionship, services, attention, consortium, and care, and also sustained mental anguish, and incurred reasonable and necessary expenses, including out-of-pocket expenses, in connection with the treatment and care of their said father, or otherwise.
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Again, sorry for my absence from this sight. I will come back more often and provide updates. My thanks to all for your support.
