Jacobs vs. Our Charitable Sisters of Mercy Hospital, et al.
Whether the MDs responded appropriately to infant John’s history of tick exposure, rash and fever Whether the nurses responded appropriately to infant John’s clinical deterioration
Hospital records – Both hospitals and transport records Pediatric records from birth Labor and delivery records Medical bills
Rocky Mountain Spotted Fever (RMSF) Criteria for admission to ICU Antibiotic administration Consults
2004-2007 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc., Houston, Texas. All Rights Reserved.
American Medical Association American Academy of Pediatrics American Nurses Association Pediatric Nursing Standards
Authoritative textbooks and journal articles
AAP – Infectious Disease Pediatric texts
Rocky Mountain Spotted Fever Antibiotics Viral enteritis DIC Scrotal hydrocele Drugs
This is a case about a failure to presumptively diagnose RMSF and treat RMSF in the presence of the triad of symptoms This resulted in the death of infant John
This is a case about an atypical presentation This is a case about a very ill infant who unfortunately would have died no matter what we did
Hospital #1 – Our Charitable Sisters of Mercy Hospital Hospital #2 – Mission Children’s Hospital Corporate owner Dr. Bringham Young (pediatrician) Dr. Mike Robe (infectious disease consult)
Dr. Hank N. Round (ICU physician) Physician’s associate group Staff nurses
2004-2007 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc., Houston, Texas. All Rights Reserved.
[9] Healthcare facility #1 [9] Corporate owner [9] Physicians [9] Physician’s associate group [9] Nurses [9] Other healthcare providers [ ] Residents or students [ ] Medical or nursing school [ ] Other negligent parties [? ] Plaintiff
Healthcare facility #1 – Our Charitable Sisters of Mercy
Respondeat superior – RNs and employees Direct corporate liability
Inadequate staffing Inadequate policies and procedures
Hospital #1 – Our Charitable Sisters of Mercy Hospital
Negligently disregarded history of tick exposure Failed to make a presumptive diagnosis of RMSF
Failed to examine daily Failed to timely transfer to ICU
Failed to timely transfer to second hospital Conflicting notes
Failed to diagnose and recommend treatment for RMSF
No note for May 23 Inadequate communication
Delay in 1st dose of Chloramphenicol Inadequate ventilatory support
2004-2007 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc., Houston, Texas. All Rights Reserved.
Failed to timely transfer to second hospital
Failed to do complete assessments every shift Failed to timely notify Dr. Young of deteriorating condition Delay in administering Chloramphenicol (6 hrs)
Delay in administering Chloramphenicol (6 hrs) Failed to get ABGs Negligent transport
Other healthcare providers – Pharmacy
Delay in administration of Chloramphenicol
Timeliness of bringing to doctor Tick attachment Repeated exposure to ticks
Death from RMSF Was full recovery achieved? [ ] Yes [9] No
Did the negligence cause the injuries complained of? [9] Yes [ ]No
High mortality rate Delay in seeking treatment Finger-pointing among defendants
Pediatrician ÅÆ Infectious Disease consult Dr. Round ÅÆ Both doctors Nurses ÅÆ Doctors
Possible Defenses (Not Already Addressed Above)
Appropriately diagnosed viral enteritis Fever and rash nonspecific symptoms Serum sample for RMSF was negative Relied on infectious disease consult
2004-2007 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc., Houston, Texas. All Rights Reserved.
Called back Done a punch biopsy Ordered Chloramphenicol
Both doctors were negligent I got dumped with a mess Did the best I could given the deteriorated condition of the infant
Missing Records or Evidence of Tampering
[9] Yes [ ] No Missing records – No progress notes for 3 days by Dr. Young No progress notes for May 23 by Dr. Robe
Negative serum sample could confuse the jury
Pediatrician Pediatric infectious disease specialist Pediatric nurse Pathologist PICU nurse Intensive care MD
In my opinion, this case is meritorious because there was a failure to presumptively diagnose and treat for RMSF in the presence of the triad of symptoms The significant deviations caused the infant’s death
Locate expert witnesses Research SOC Write detailed report
2004-2007 Vickie Milazzo Institute, a division of Medical-Legal Consulting Institute, Inc., Houston, Texas. All Rights Reserved.
Jerry L. Dennis, M.D., Medical Director, Raymond K. Lederman, D.O., Associate Medical Director, ADHS/DBHS BENEFITS OF PSYCHOTROPIC MEDICATIONS • Assists with biologically-based disorders • Decreases negative symptoms • Increases functioning • Increases effectiveness of other approaches • Cost-effective KEY INFORMATION • Generic and
ZIEKENHUIS MONICA DIENST ANESTHESIE CAMPUS OLV- MIDDELARES CAMPUS EEUWFEEST PREOPERATIEF DOSSIER INFORMATIEBROCHURE, VRAGENLIJSTen INFORMED CONSENT Informatie voor de behandelende geneesheer, chirurg of huisarts Beste Collega, als behandelend chirurg, of huisarts bent U in’t bijzonder betrokken bij het peri- operatieve gebeuren. De dienst anesthesie verzoekt U dan ook vriend