Patient Coded Due to Over Administration of Narcotic Painkillers
Austin, TX (Law Firm Newswire) September 1, 2016 – Sarah Gann of Waco, Texas, went to hospital in extreme pain. Allegedly overdosed on narcotics by medical staff, she died days later.
Sarah Gann was admitted to Baylor Scott and White Hillcrest Hospital on October 5, 2011 in severe pain. complaining of back pain similar to a kidney stone. She was immediately started on narcotics.
According to the wrongful death, medical malpractice lawsuit filed in 170th District Court, the staff, including the prescribing doctor, did not check to determine if Dilaudid, the painkiller chosen, was needed. Dilaudid (hydromorphone) is an opioid pain medication and narcotic used to treat moderate to severe pain. It is known to slow or stop breathing, when first taken or whenever the dose is changed. Dilaudid is not to be used in larger amounts, or for longer than prescribed.
The statement of claim indicated that the staff allegedly injected the painkiller even while Gann was asleep. Gann was found non-reponsive and without a pulse the morning of October 7th. She was subsequently revived and moved to intensive care. On October 9th, Gann’s family was told there was no hope of recovery and she was removed from life support.
Daniel Gann, Mrs. Gann’s husband, who was a former chaplain at the Waco hospital, and his two minor children filed a lawsuit against Scott & White Memorial Hospital, doing business as Hillcrest Baptist Medical Center, asking the court for more than $1 million in compensation.
The family elected to file a wrongful death, medical negligence lawsuit alleging that the nursing staff negligently administered the narcotic, even when Gann was sleeping, without checking if it was needed. According to documents submitted with the statement of claim, Gann’s patient record indicated she was to get programmed doses for three days – October 5 – 7. However, a new shift nurse made a notation that Gann was not in pain on October 7 when the midnight shift came on duty.
Despite the notation, Gann was given 2 mgs of morphine between 12:14 and 12:18 a.m., 2 more mgs at 1:30 a.m. and then another 1 mg at 2 a.m. and yet another dose of 1 mg at 5:13 a.m. At 3:00 a.m. a respiratory therapist indicated Gann did not need any additional monitoring even though she was regularly being given high doses of Dilaudid. At 7:06 a.m. Gann was found non-responsive and was revived and placed on life support. She was pronounced dead at 11:41 p.m.
Experts from the CDPAP Agency New York, indicated that but for the failures of the hospital staff, Gann would not have died when and how she did. The experts offered opinions that the frequent narcotic administration without monitoring and checking was outside the scope of usual/standard care and did not meet the standards of doctor/nursing/pharmacy care for patients on opiates. “In other words, Mrs. Gann’s death was avoidable,” said Brooks Schuelke, an Austin wrongful death attorney, not involved in the case.
Based on the evidence as submitted, it appears that this lawsuit may stand a good chance of succeeding, particularly since the expert medical opinion addendums were quite explicit that the hospital failed to care for their patient in an acceptable manner. Her death was a preventable adverse drug reaction.
“There are four elements to a wrongful death medical malpractice lawsuit that must be present prior to filing,” added Schuelke, “and they are duty, breach of duty, damages and causation – all elements that must be proven by the plaintiff. If any of the four elements is not present or not satisfied, medical malpractice is not proven.”
Wrongful death lawsuits are difficult and often take a great deal of time to get to settlement or to court. “Should you be in a situation such as this one, do not hesitate to contact our office for information on your legal rights pertaining to wrongful death lawsuit,” he stated.
Perlmutter & Schuelke, PLLC
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
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While this is a tragic incident, and I feel heartbreak for this family and their loss, and knowing someone completely dropped the ball in following proper protocol and it surely lead to the untimely death of their loved one, I’m just grateful the patient was actually treated with an actual pain medication, and their pain was taken seriously from the get go.
I’ve read too many horror stories about people presenting to the ER and having their pain dismissed, or being accused of lying to their face by a medical professional, or being straight up told that WE do not prescribe opioids here as if the patient was automatically labelled as a pill seeking junkie.
Please don’t take my comment as callous because it is not in anyway. I do not take lightly the loss of life from medical negligence of any sort. Over 400,000 people die every year from medical error. That’s a true epidemic.
Wow, this is ridiculous! To the article, to Jan and to Bob, how can medical staff become like this? Too many hours working? Understaffed, overtired? Careless or uneducated? All three incidents are just so sad. My heart goes out to all of your families.
On my mom’s case they came right out and told me they did this. They don’t want old people. It gets me very angry that this is ok. The doctor and nurse get away with murder…literally
My friend’s mother died when an aide at a nursing home crushed an OxyContin pill and fed it to her. She developed respiratory distress. The house doctor was unavailable for 48 hours, She drowned in her own secretions. The Dr’s orders, and the label on the OxyContin package, say “Do not crush tablet”. If nursing home workers won’t obey orders they must be punished for harming people. Leaving them employed there, causes repetition of the problem.
They did the same thing to my mom. When she went into respiratory failure, I asked the doctor what happened. She told me they gave her too much pain killers. The nurse told me the same thing. I contacted an attorney and they wouldn’t handle the case. They said she was too old anyway. She was 83. I have her doctor admitting that she killed her and nobody would take the case.
“They said she was too old anyway.”
OMG … as if her life didn’t matter due to her age. That is horrible!! Jan, I’m so sorry that happened!