The following is the professional drawn up medical complaint which was reviewed by a local law firm on behalf of my husband Dale E. Parker and the wrongful treatment of his medical condition at Oak Ridge Methodist Hospital in Oak Ridge Tennessee and the resulting death of their treatment.
The Hurley Law Firm, P.C., 625 S. Gay St., Suite 260, P.O. Box 682, Knoxville, TN 37901
D. Scott Hurley, Ryan N. Shamblin, October 30, 2007
Methodist Medical Center of Oak Ridge, 990 Oak Ridge Turnpike, Oak Ridge, Tennessee 37831
RE: Dale Eugene Parker (Deceased)
Attention Chief Legal Counsel and Director of Risk Management:
This law firm has been retained to file a formal administrative complaint on the part of our client Linda Parker, pertaining to the care that was provided by Methodist Medical Center of Oak Ridge and certain physicians, related to the treatment of Dale Eugene Parker (Deceased). Mr. Parker died at Methodist Medical Center of Oak Ridge on February 6, 2007.
The purpose of this formal administrative complaint is to document what our client believes to be various shortcomings on the part of Methodist Medical Center of Oak Ridge and certain physicians in the care and treatment of Dale Eugene Parker (Deceased).
Background:
Dale Eugene Parker was a citizen and resident of Oliver Springs, Tennessee. On or about January 19, 2007, Mr. Parker was admitted to the cardiac care unit of Methodist Medical Center of Oak Ridge with the following symptoms:
1. CVA (stroke)
2. Severe COPD (chronic obstructive pulmonary disease)
3. DM (diabetes mellitus)
4. DVT/PE (deep vein thrombosus/pulmonary embolus)
5. Lung Cancer
We have carefully reviewed what we believe to be the entire medical chart pertaining to the treatment provided to Dale Eugene Parker (Deceased). The medical records indicate that Mr. Parker was placed on a significant amount of medication, with much of this medication basically being blood thinners, in order to address the CVA, DM and DVT/PE problems that he was experiencing. As a result of the administration of these medications, the medical records indicate that Mr. Parker began to experience bleeding in the brain. As a result of the complications from this development, Mr. Parker was placed on and became dependent on a ventilator.
His condition rapidly worsened. After several days of deterioration, doctors at Methodist Medical Center discussed with Linda Parker the issue of whether or not she desired to institute "do not resuscitate" procedures pertaining to her husband. Linda Parker informed the medical staff at Methodist Medical Center that she wanted everything done that could possibly aid and assist her husband, with the exception that if he experienced cardiac arrest resulting in the stopping of his heart, she did not want procedures instituted to restart his heartbeat. This instruction by Linda Parker occurred prior to January 23, 2007.
However, on January 23, 2007, Dr. Gavin wrote an order that appears to indicate that Dale Eugene Parker was placed on "do not resuscitate" status. The medical records do not contain any indication in written form or otherwise that Linda Parker ever consented to, authorized or otherwise requested that her husband be placed on "do not resuscitate" status.
In fact, to the contrary, a physicians note on January 27, 2007 recorded that Mr. Parker should be maintained on "full support" as of that time. It should be noted that both of the entries by physicians at Methodist Medical Center conflicted with and were contrary to specific and express instructions provided by Ms. Parker as to the degree of care and resuscitation that would be provided to her ailing husband in the event of the worsening of his condition.
Leading up to February 1, 2007, the medical records indicate that Dale Eugene Parker began to experience significant fluctuations in his blood pressure. In particular, Mr. Parker experienced a rapidly declining blood pressure rate shortly before the time he experienced his final cardiac arrest. However, the medical records do not indicate the prescribing of, administration of, or providing of treatment or medications that would have adjusted his blood pressure when it began to fall prior to his arrest. The failure to administer medications or fluids in an effort to improve his blood pressure status likely was a precipitating, if not the proximate cause of the cardiac arrest that he experienced on or about February 6, 2007.
In the days up to his unfortunate death, Mr. Parker began to experience other complications. As a result of these complications, on February 1, 2007, an order was written by Dr. Mascioli for an ethics committee meeting regarding surgery for the insertion of a trach and the placement of a peg (feeding tube). These procedures had been initiated by Dr. Mascioli. However, the surgeon on call at Methodist Medical Center had expressed concerns about futility of these procedures, and the conflict between the doctors as to whether or not such procedures should be performed resulted in a referral to the ethics committee of Methodist Medical Center.
Even though the order for a referral to the ethics committee was issued by Dr. Mascioli on February 1, 2007, it was not until February 5, 2007 that the ethics committee convened for the purpose of discussing the case of Mr. Dale Eugene Parker (Deceased). During the four (4) days that elapsed from the time that Dr. Mascioli wrote the order requesting an ethics committee meeting and the occurrence of the meeting, Mr. Parker's condition deteriorated significantly. This four (4) day lapse resulted in a catastrophic deterioration in the condition of Mr. Parker, and this deterioration likely contributed greatly to the events that were to occur on the day of February 5 and on February 6, 2007.
The medical records of Methodist Medical Center (particularly the ethics consult record for February 5, 2007) indicate that the ethics committee met in the Ridge Conference Room. Present was Jack Sills, Acting Chairman, Lucreta Chesney, Arnold Godsey, Tim Gowder, MD, Elizabeth Pemberton, Randy Robbins, MD, George Smith, MD, Helen Vodopick, MD.
The ethics consult record indicates that a consult request by Dr. Mascioli, was reviewed pertaining to Dale Eugene Parker. The ethics consult record does not reference the date that Dr. Mascioli requested the ethics committee review. However, the ethics consult record clearly establishes that the committee thoroughly reviewed the case of Mr. Parker, considered the fact that Dr. Mascioli had recommended the referenced procedures but that the surgeon on call had expressed concerns about futility, discussed the issue thoroughly, including a review of the requests made by the patient's wife, (Linda Parker) who did wish to proceed with the procedures and "looked at it from all sides."
Additionally, the committee appears to have invited Dr. Valedon to participate as the neurologist on the case.
The ethics consult record indicates that it was a "consensus" by the committee that the case should proceed forward with the requested procedures in hope that the patient "can become stabilized and perhaps be able to move to a long term facility." Obviously, the committee felt that the procedures recommended by Dr. Mascioli could be constructive, beneficial, and result in the patient experiencing enough of a recovery to be able to be discharged from the hospital and into a long term care facility. In essence, the committee appears to have conclusively and unanimously concluded that the recommended procedures would not be futile, but rather likely result in a significant improvement in the patient's condition.
The ethics consult record does not indicate the time of the meeting of the ethics committee, nor does it indicate whether or not the committee made and immediate notification to Dr. Mascioli that the procedure should proceed. A review of the medical records indicates that the four (4) day delay in convening to meet and discuss the issue of the treatment of Dale Eugene Parker, along with what appears to have been a delay by the ethics committee in communicating its determination to Dr. Mascioli, resulted in catastrophic consequences.
It should be noted that these delays again conflicted with and clearly violated the express instructions of the patient's wife, Linda Parker, that everything be done possible to provide care and treatment for his condition, with the exception of the restarting of his heart in the event that his heart stopped. The records do not reflect that the patient was fully informed and advised of the controversy that developed within the medical staff of Methodist Medical Center between February 1, 2007 and February 5, 2007 as to whether the procedures recommended by Dr. Mascioli should actually be performed. Further, the records do not reflect that Mrs. Parker was kept informed and advised that the hospital staff was withholding treatment recommended by a treating physician due to the fact that it might be "futile" to provide such treatment. In essence, Mrs. Parker was not afforded the opportunity to address the issue of whether she deemed such treatment to be futile or whether she concurred with the referral of the treatment to the ethics committee.
The events of Mr. Parker's last few hours of life are equally disturbing. Mrs. Parker had remained with Mr. Parker throughout the majority of the day on February 5, 2007. That evening, she went home to attempt to obtain a few hours of rest. She received a telephone call on her cell phone at 3:19 a.m. and was told by hospital staff members that she should come to the hospital because her husband's condition was worsening and he might be dying. She actually arrived at the hospital at 3:30 a.m., and was informed, upon her arrival at the hospital at that time, that he had just passed away.
However, the autopsy report by Forensic Medical, P.C., a copy of which is attached hereto as an exhibit, clearly indicates that Mr. Parker died at 3:00 a.m. on February 6, 2007. This conclusion was formed by forensic pathologist Staci A. Turner, MD. If the conclusion set forth in the autopsy report by Forensic Medical, P.C. is correct, then Ms. Parker was actually notified of her husband's worsening condition approximately 19 minutes after he had actually died.
The referenced facts would appear to indicate that the medical staff of Methodist Medical Center failed to alert Ms. Parker of the worsening condition of her husband until such time as he had already passed away. The failure to monitor his condition on February 5, 2007 and to inform Ms. Parker in a timely manner of the worsening of his condition denied her the opportunity to be able to spend time with her husband during his dying moments. At the time that she left the hospital on February 5, 2007 she was not made aware that his condition was imminently life threatening. If she had known this, she would have never left his side.
As a result of the facts set forth heretofore, Ms. Parker firmly believes that Methodist Medical Center is guilty in numerous shortcomings which culminated in the catastrophic events that occurred between January 19, 2007 and February 6, 2007, being the date of the death of her husband Dale Eugene Parker. In effect, Linda Parker would assert that the hospital engaged in the following failures:
1. Failure to prescribe appropriate medications.
Linda Parker firmly believes that Methodist Medical Center engaged in the failure to prescribe and administer appropriate medications during its care and treatment of Dale Eugene Parker. In particular, she believes that excessive medications were administered early in his stay at the hospital, with the administration of these medications (blood thinners) resulting in bleeding to the brain. Ms. Parker believes that the proper administration of medications could have addressed the complications that had been experienced by Mr. Parker without causing the additional complication of bleeding in the brain.
2. Failure to properly treat.
Linda Parker believes that Methodist Medical Center failed to properly treat Dale Eugene Parker. First, she believes that the medications that were administered for the purpose of thinning the blood of Mr. Parker were made in an excessive manner, resulting in bleeding of the brain. Secondly, she believes that his condition was not properly monitored during his hospital stay, that his blood pressure was not properly regulated, especially in light of the medications that had been administered, and that the failure to properly monitor his condition resulted in a collapse of his blood pressure. The plunging blood pressure resulted in numerous other complications, including, eventually, cardiac arrest on the morning of his death. Ms. Parker firmly believes that the proper monitoring and administration of reasonable care during this time frame could have avoided the catastrophic deterioration that her husband experienced in his physical condition during his hospital stay at Methodist Medical Center.
Just as importantly, Ms. Parker believes that the failure of the hospital to act in accordance with her express instructions when approached regarding the "do not resuscitate" status, was a major contributor in the death of her husband. In particular, the medical records indicate that medical staff members and doctors reported conflicting entries as to the type of care that was to be provided to Mr. Parker. Secondly, Ms. Parker was not adequately consulted or informed of the controversy that developed within the Methodist Medical Center staff between February 1, 2007 and February 5, 2007 as to the administration and procedures recommended by Dr. Mascioli.
Third, the delay in the administration of the procedures by Dr. Mascioli most assuredly caused and accelerated the deterioration in the physical condition of Dale Eugene Parker during that time frame. The delay by the ethics committee in convening and conducting its meeting to act on the recommendation of Dr. Mascioli was inexcusable in light of the dire physical complications being experienced by Dale Eugene Parker in the February 1/February 5, 2007 time frame. The result, not surprisingly, was deterioration in his condition that resulted in his death.
Further, the failure of the ethics committee to immediately notify Dr. Mascioli of its approval of his recommended treatment and procedures likely contributed to the death of Mr. Parker.
3. Failure to provide notification to Linda Parker
The medical records of Methodist Medical Center appear to clearly indicate that Ms. Parker was not notified of her husband's rapidly deteriorating condition and his imminent death until such time as he had already passed away. This failure on the part of Methodist Medical Center denied Ms. Parker the opportunity to spend time with her dying husband in his last moments on this earth. The losing of a loved one is a tragic and emotionally crushing occurrence. Being denied the opportunity to spend those last moments with a dying spouse has caused Ms. Parker more anguish and grief than can be described in this letter.
LEGAL STANDARD
Under Tennessee law, the provider of medical care owes a duty to provide reasonable care to a patient. (citation). The standard of reasonable care required by a professional medical provider is determined by surveying the methods and practices of like and similar medical professionals in the locality of the professional or provider in question. (citation).
A medical professional is required to provide such monitoring, treatment, and care as is required under the circumstances and as dictated by reasonable standards and protocols practiced by the medical community. The committing of an act by a medial professional which deviates from this standard of care, or the omission in the providing of any treatment or care that would result in a deviation from this standard, constitues negligence. (citation).
In those instances where negligence on the part of a medical professional occurs (i.e. the failure to use reasonable care), a determination must be made as to whether or not the failure to provide the reasonable care has resulted in or served as a legal or proximate cause of harm to the patient. (citation). In the event that negligence of a medical professional does serve as the legal or proximate cause of harm to the patient, then the medical professional is responsible for such damages as may result from the failure to utilize reasonable care. (citation).
In this instance, there can be absolutely no question that Methodist Medical Center owed a duty of reasonable care to Dale Eugene Parker. Further, Methodist Medical Center owed a duty to Linda Parker to observe and follow her instructions on any issues pertaining to the "do not resuscitate" status discussed with her in January of 2007.
Additionally, Linda Parker firmly believes that the failure of Methodist Medical Center to properly diagnose, treat and monitor the condition of Dale Eugene Parker proximately resulted in a severe and catastrophic deterioration of his condition in the later part of January and early part of February, 2007. Specifically, the failure to properly medicate, monitor and otherwise treat these serious conditions experienced by Dale Eugene Parker resulted in his death.
CONCLUSION
Linda Parker has requested that we provide you with this letter and this analysis for two reasons. First, she wishes to make you aware of the events and circumstances surrounding the unfortunate death of her husband on February 6, 2007. She also wishes for you to be aware of the distress, frustration and disappointment that she has experienced because of the numerous failures by Methodist Medical Center and its staff in the providing of treatment to her husband.
However, more importantly, Linda Parker wishes for Methodist Medical Center to be aware of the circumstances referenced herein in an effort to make certain that Methodist Medical Center has an opportunity to implement procedures, protocols and policies that will insure no other family ever has to endure the type of events referenced in this letter (being the events experienced by Linda Parker pertaining to the illness and death of her husband). It is her sincere hope that Methodist Medical Center will seriously consider the events and circumstances surrounding the death of Dale Eugene Parker, that Methodist Medical Center will implement new procedures and policies that will avoid these types of developments in the future, and that Methodist Medical Center will become more sensitive and responsive to the needs of those patients who experience severe illness, and their families.
Please feel free to contact the undersigned with any questions or comments that you may have pertaining to this situation.
Sincerly,
D. Scott Hurley
The above complaint is a draft, and the completed complaint will soon be sent to not only me, but each of the doctors that were over my husband's care while in Methodist Medical Center of Oak Ridge, Tennessee, along with an additonal paragraph that I requested be added, with two of the very main doctors which I believe were the cause of my husband's death. I will revise this when I get the completed form from my attorney. I am also awaiting my only chance to see that this injustice is made right in some manner, so that I may try go on with my life knowing I did all that I could possibly do to not only care for my husband but stand for what I know we both believed in and his rights to have had the very best of care from these medical professionals regardless of what their personal individual opinions were. They let him die a painful and lonely death, I could have been there with him, I could have been holding him when he left this world, and they denied that right to both him and me, after they did what they did to get him in the condition he got to, and then they did nothing at all to help save him. I cannot help but feel strongly toward them for this. They not only hurt him, and caused his death, but they hurt me as well. They ended a lifetime marriage, they took someone precious from me, and that hurts! I can only hope the attorney that I forwarded the complaint to will be able to see and be willing to do for and with me to see that my husband's death at the hands of this hospital and their doctors, does not go unpunished or neglected.
