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I have proof what do I do with it?


lilyjohn

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This is mainly addressed to everyone who has read Johnny's story but I want others to see it too.

Sense Johnny's death I have searched for answers and tonight I found the big one. The day before Johnny died there was a blood gas test taken. His son was told that his blood gases were so bad that they didn't expect him to make it through the night. The number the doctor gave his son was PaCo2 58. They used that information to get his son to give permission to give him morphine. I have believed from the day he died that it was the medication that they gave him that killed him. Now I see that I am right but I'm not sure what to do with the information. In a medical book at the nurses station where I work I read an article on respiratoy failure. It gave the treatment that should be used and that is where I found my information. I knew that the narcotics should have been stopped and the oxygen lowered from my reasearch. What I saw tonight was that when the PaCo2 reaches 60 or above then a machanical means of ventilation should be used. They had to know that he didn't even need a ventilator. They just kept drugging him with both morphine and vicodan when they should have stopped all of the narcotics. His blood gases were at 58 not even to 60 and they knew that they could save him. I don't know why they decided that he had to die that day but I have my suspecions. Right now I know that he could have been saved and that is what counts.

How do I go about getting someone to look into this and acrually do something about it? There has to be a way. I can't stand by and see them do it to anyone else!! I have already learned how inept the medical board in Washington is. I know I can't trust them to do an honest investigation. Does anyone have any ideas on how I can go about getting this out into the open and making them be held accountalbe? Thanks for your input. Lillian

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Hi,

I would start by getting a referral for a good attorney (preferably someone who has personal injury / or malpractice experience) and has the ability to go the distance with a big organization. Next I would put together a time line throughout your whole ordeal and be as precise and meticulous as you can. The more information and the more organized you are the better. I realize this is going to be a task given the circumstances.

Take good care,

Botley

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Botleys suggestions are right-on. You will need precise records, and you will need a good medical malpractice attorney. I suggest you choose a large firm as these cases are very expensive to try and smaller firms usually won't touch anything like this. Also, before hiring an attorney, If this had happened to me, I personnally would file a complaint with the medical board against the doctor(s), hospital and medical personnel. Although you seem to imply that in the state that you are in the medical board is not very reliable to patients rights, filing a formal complaint before hiring an attorney looks good for your case and might even prompt an investigation so that this form of neglegence will not happen again.

Remember, you can talk to as many attorneys as you want before choosing one and they will point you in the right direction...you may have to visit several before one will agree to take your case. If this is something you feel strongly about, don't ever give up, no matter what anyone tells you. From my experience in the legal business, as a client, you need to make it personal. Attorneys tend to go out on a limb, pull out all stops and go the extra mile if they make that personal connection with their client...many don't...but the good ones will.

Everything I've just written are soley my personal opinion and should not be taken as legal advice. Please keep us updated and I wish you the very best of luck. If this is what happened to your Johnny, I personnally feel that someone MUST be held accountable.

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I will try to answer a few of your questions. Yes I have filed with the medical board. They dismissed the charge against the doctor who harrased him about the DNR saying that what he did did not meet their criteria for verbal abuse. They never even considered that he refused to treat Johnny because he would not sign a DNR so he did not get the antidote to the Ativan. Also sending him to another hospital agains his will and endangering him further were not addressed.

The claim I filed against the nursing home was dismissed because when they visited this past March (not November when Johnny was there) they could find no evidence of the violations taking place at that time. They ruled this dispite the fact that another claim that was almost the same found fault. They left a man with chest pains for 6 days and never notified his doctor. In the letter saying no action was taken because of lack of evidence they admitted that they found no record of when the nurse called Johnny's doctor. Still they made that decision.

The first hospital claim was denied because they said that a doctor could give a medication that a patient was alergic to even after he refused it if the doctor decided that the bennitits could ourweight the risks. Apearantly too in his records they lied saying that his conditon improved because of being given the drug. They also said that because the doctors decided that not resusitating him would be a bad medical decision they could refuse to treat him when he would not sign a DNR. That is just an example of their ruling. There is so much more and everyone of them I can find in the patient's bill of rights showing that they had no right to do those things and that it was illegal.

Soon after Johnny died I called an lawyer. She told me that she hears the same story everyday but all a doctor has to do is argue that a person with cancer was going to die anyway and they can get away with anything they do.

I do not have his medical records only his son can get those and even tho I offered to pay for them he never acted on it. I believe it is because he feels guilty about approving the morphine even tho he was lied to to get his approval. I also believe it is because he has guilt about never being there to help us.

I doubt that I can file a law suit because we were not married. I do not expect his sons to because of what that lawyer said. They see no money in it so they will not waste their time or effort.

That is my story for now. I continue to write and give new information to the medical board. I am planning on sending copies of the claims that I have filed along with the medical boards replies and all of the information I have that proves their decisions wrong to members of congress. Maybe in an election year they might be interested.

I am still wating for the outcome of the claim against the second hospital but I really do not expect it to be any different than the others. After all the medical board is made up of doctors and nurses. They protect their own in any way they can. Lillian

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