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Damron Medical
Legal Consulting

1136 Walking Horse Way
Sharpsburg, KY 40374
E-mail:  info @ damronmlc.com
Phone: 877.888.4983
Fax: 606.247.2084


Over 40 years of Administrative and Clinical Experience in Nursing and Radiology




a

Sample Case

 

1. Screening for Merit

 
2. Further Case-Development
    A. Time-Line of Events with deviations from Standard of Care        
    B. Medication Administration Record (MAR)

    C. Physician Orders

 



1. Screening for Merit

 

Damron Medical Legal Consulting

1136 Walking Horse Way

Sharpsburg, KY 40374

 

May 18, 2005

 

Mr. Edward Franklin

Franklin, John & Tackett, PLLC

0000 Main Street

Lexington, KY 00000

 

Re: Bobbi Brooks v. Robert Moore, M.D. and General Hospital Inc.

 

Dear Mr. Franklin:

 

As requested, our office has screened the medical records of Ms. Brooks. This is a 28 year old female that presented to the emergency department with nausea, vomiting and severe abdominal pain. The patient was subsequently taken to surgery for an exploratory laparoscopic procedure and later died that evening.

 

After screening her medical records, it is of my opinion that there are significant deviations from the standards of care, both medical and nursing that directly contributed to the death of Ms. Brooks. Specifically, Dr Moore failed to reevaluate her appropriately; he issued orders to administer high doses of narcotics with disregard for her physical well being as she was being cared for on a busy general Medical/Surgical unit. The nursing staff caring for Ms. Brooks failed to provide standard of care as is evidenced by the administration of high doses of narcotics in an unmonitored environment.

 

Conclusion: Ms. Brooks was over medicated with narcotics, experienced respiratory arrest in an unmonitored situation and subsequently died from hypoxia. This is an unfortunate case involving medical and nursing malpractice and negligence. If you would like additional assistance in further developing this case please contact our office.

 

Thank you for the opportunity to consult on this case.

 

Best Regards,

 

Damron Medical Legal Consulting


 

2. Further Case-Development

 

Damron Medical Legal Consulting

1136 Walking Horse Way

Sharpsburg, KY 40374

 

July 28, 2005

 

Mr. Edward Franklin

Franklin, John & Tackett, PLLC

0000 Main Street

Lexington, KY 00000

 

Re: Bobbi Brooks v. Robert Moore, MD and General Hospital Inc.

 

Dear Mr. Franklin:

 

As requested, I have further developed the case by providing you with a Time-Line of Events (attachment A) that identifies deviations from standard of care, a Medication Administration Record (attachment B) that summarizes the total narcotics received by Ms. Brooks and a summary of Physician Orders (attachment C). I hope this will help to establish a clear recount of the actual events as they took place.

 

I strongly believe that this case is about the negligence/failure of Dr. Moore to provide his patient with a safe environment of care and pain management post-operatively. Ms. Brooks was requiring high doses of pain medication and therefore should have been moved to a post-op intensive care unit for constant monitoring of respirations and oxygen saturation levels. Nursing management should have been notified of this inappropriate patient care situation. The nurse's failure to follow basic nursing practices and standards of care caused Ms. Brook's respiratory arrest and unfortunate death directly related to an overdose of narcotics.

 

Please note that I have concerns regarding the nurse-to-patient staffing ratio on this particular unit on the day of the occurrence, as well, I have suspicions of possible tampering of the medical record.   

 

Thank you for the opportunity to provide additional medical-nursing insight related to this case. If you would like, we will be happy to provide additional services, including expert witness referral. Please feel free to contact our office.

 

Best Regards,

 

Damron Medical Legal Consulting


 

A.Time-Line of Events

 

 Date/Time

Events

Standard of Care Deviations

02/10/2005

 

        1100

 

 

Nurse A  Administered: 

 

Morphine 6mg IV Push

 

Patient underwent Exploratory              Laparoscopic Procedure of Abdomen & Pelvis.

Weight  118 pounds

Age 28 

Nurse failed to assess and/or document after administration of high dose of narcotic:

         • Vital Signs

         • Oxygen Saturation

         • Respiratory Effort

 

Vital signs documented at 1015:

Temp 98, Heart Rate 78, Resp 20

        1300

Nurse A  Administered:

 

Morphine 6mg IV Push

 

 

 

 

 

Nurse failed to assess and/or document after administration of high dose of narcotic:

         • Vital Signs

         • Oxygen Saturation

         • Respiratory Effort

 

Vital signs documented at 1015:

Temp 98, Heart Rate 78, Resp 20

        1400

Nurse A  Administered:

 

Percocet 10mg PO Phenergan 12.5 IV Push

Vital Signs Documented:

Temp 96.8, Heart Rate (HR) 94, Resp 16, B/P 95/55

 

**B/P Falling & HR Rising**

 

B/P at admission, pre-op and immediately post-op ranged from 120/84 to 140/70, HR was in 70's

 

Nurse failed to document:

         • Oxygen Saturation

         • Respiratory Effort

        1500

Post Op visit by Dr. Moore

 

Pain meds changed:

 

Morphine increased from 6mg to 10mg every 2 to 4 hours as needed for pain.

 

Nurse A  Administered:

 

Morphine 10mg IV Push

 Nurse failed to document:

         • Oxygen saturation

         • Respiratory Effort

         • Mental Status   

 

Vital Signs Documented:

B/P 90/48, HR 108, Resp 16

 

**BP continues to Fall & HR continues to rise**

        1700

Nurse A called Dr. Moore concerning continued complaints of pain:

 

Dr. Moore Issues Verbal Telephone order to:

 

Discontinue Morphine 

 

Administer Demerol 50 to 100mg IV Push every 4 to 6 hrs as needed for pain.

After ordering high dose narcotic, Dr. Moore failed to:

 

         • Order Vital Signs every hour

         • Order bedside monitoring of oxygen saturation

         • Move patient to a higher level of care such as ICU

         • Re-evaluate Pt. condition

         • Follow Up on patient

 

After administering high dose narcotic, nurse failed to:

        • Obtain Vital Signs

       • Assess Resp Effort

        • Monitor Oxygen Saturation

        • Contact Nursing Manager for appropriateness of care

        • Recognize change in acuity

 

Patient remains on a busy Med/Surg floor with 6 to 8 patients per nurse. Patient status changed requiring high dose of pain medication, needs to be moved to a nursing unit that delivers a higher level of care with a lower patient to nurse ratio such as a post-surgical ICU.   

        1800

Nurse A Administered:

 

Demerol 50mg IV P  Phenergan 12.5mg IV P

Nurse failed to assess/document:

• Complete set of Vital Signs

• Oxygen Saturation

• Respiratory Effort

 

BP 90/40, remains low

         2100

 

 

 

 

 

 

 

 

 

 

Nurse B Administered:

 

Demerol 100mg IV Push

 

Insert is attached to this document regarding vital signs and respiratory effects related to Demerol and Morphine

Nurse failed to assess/document:

• Complete set of Vital Signs

• Oxygen Saturation

• Respiratory Effort

Patient respiratory arrested 30 minutes after administration of demerol. Following an unsuccessful Code 500 attempt, the patient died of hypoxia (lack of oxygen) at 2200.


B. Medication Administration Record Post-operative until Death

1000: Morphine 6mg IV Push administered in recovery room 

1100: Morphine 6mg IV Push given by Med/Surg Nurse A

1300: Percocet 10mg PO & Phenergan 12.5mg IV Push administered by Nurse A

1500: Morphine 10mg IV Push administered by Nurse A

1800: Demerol 50mg IV Push, Phenergan 12.5 mg IV Push administered by Nurse A

2100: Demerol 100mg IV Push administered by Nurse B

2130: Respiratory Arrest Code 500 Unsuccessful

2200: Time of Death

 

Total Narcotics received by Ms. Brooks within 11 hours

 

Morphine 22mg Intravenous Push

Demerol 150mg Intravenous Push

Percocet 10mg by mouth


  

C. Physician Orders

 

1000: Standing Post-Op Orders: Medical & Surgical Floor

                                           
Morphine 2mg to 6mg IV Push every 2 to 4 hours as needed for pain

 

Percocet 10 mg PO every 4 to 6 hours as needed for pain


Ambien 10mg PO at bedtime for sleep as needed

 

Phenergan 12.5 mg IV Push every 4 to 6 hours as needed for nausea

 

 

1500: Written Orders per Dr. Moore-Post Operative Visit

 

Increase Morphine to 6 to 10 mg IV Push every 2 to 4 hours as needed for pain.

 

1700: Nurse A called Dr. Moore about the patient's recurrent complaints of lower abdominal and pelvic pain and informed him that after administration of pain medication, her Pain level was documented at 8 on a scale of 1 to 10. Dr. Moore issued the following verbal telephone order: Discontinue Morphine and administer Demerol 50mg to 100mg IV Push every 4 to 6 hours as needed for pain. 

This was the final Medication Order issued

DISCLAIMER: This sample work case is based on an actual wrongful death case. All information related to names, places, dates and people have been changed. Any similarity to any one person or place is purely coincidental.


 

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