Woman sues Mercy over wrong drug allegation

http://www.cantonrep.com/article/20150618/NEWS/150619293/?Start=1

• CANTON

  An 86-year-old Perry Township woman is accusing Mercy Medical Center of wrongly giving her a drug that caused a massive stroke and partial paralysis.

  Her lawsuit alleges that the hospital’s nursing staff gave propofol to Lois E. Arrendale instead of a prescribed antibiotic. Propofol is a powerful sedative that has drawn attention because a doctor gave the drug to pop singer Michael Jackson the day he died in 2009. Jackson’s doctor was found guilty of involuntary manslaughter in the case for recklessly prescribing propofol as a sleep-aid.

  Investigations into Arrendale’s care by a state agency revealed a “shocking lapse of pharmaceutical oversight and nursing training within the hospital,” Allen Schulman said of the local case in a news release.

  Mercy Medical Center issued a statement in response to a request for comment.

  “Due to patient privacy rights under Ohio and federal law, Mercy Medical Center is not able to comment on the care provided to a patient or comment on her current medical condition,” the hospital said. “Therefore, we are unable to rebut the allegations contained in the lawsuit at this time.”

  The lawsuit is seeking damages of more than $25,000.

  THE CASE

  Arrendale was taken to the hospital’s emergency room Sept. 21, 2014, because she was having abdominal pain and suffering from a urinary tract infection, according to the lawsuit filed this week in Stark County Common Pleas Court.

  The following day, Arrendale’s physician ordered an intravenous antibiotic for her condition. The lawsuit alleges that upon receiving the order for the intravenous antibiotic, a nurse administered the incorrect medication.

  The lawsuit contends that the medication had been improperly labeled or improperly filled.

  Propofol is a strong anesthetic drug that slows the activity of the brain and nervous system; it’s used before and during general anesthesia for surgery and requires constant monitoring of the patient, the lawsuit says.

  The prescribed antibiotic is a clear liquid, and propofol — also known under the brand name of Diprivan — has a cloudy, milky appearance, according to the lawsuit, which calls the incident “blatant medication error.”

  The effect on Arrendale was so sudden she was without a pulse for roughly seven minutes, the lawsuit says. The patient was transferred to the intensive care unit.

  She remained hospitalized at Mercy Medical Center until Jan. 22 and continues to require 24-hour care, the lawsuit says.

  OUTSIDE INVESTIGATION

  The Ohio Department of Health investigated the incident, the lawsuit says. A document, from the Centers for Medicare & Medicaid Services, is included in the lawsuit and references the investigation.

  The Department of Health’s investigation revealed that the hospital did not meet the federal requirements for participating in the Medicare program due to its failure to provide organized nursing services, proper protocols, ensure proper labeling and administration of drugs and follow an established pharmaceutical policy, according to the lawsuit.

   

  Page 2 of 2 – As a result, the Department of Health and Human Services and Centers for Medicare & Medicaid Services required Mercy Medical Center to take corrective action to address the deficiencies, the lawsuit says.

  Also, the lawsuit says, the hospital agreed to provide Arrendale with subsequent medical care “given the injuries she suffered as a result of their negligence.” The hospital agreed to pay for the medical care, according to the lawsuit.

  But the hospital has breached the agreement “by refusing to provide the necessary medical care and goods as promised,” the lawsuit alleges.

Filed under: General Problems