Lawsuit: Negligence at Rehab Center led to Death

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CHICAGO — Negligent care at a West Side rehab center ultimately led to the death of a 67-year-old man. His hip was broken when he fell as a nurse tried moving him onto a wheelchair, the man’s daughter says.

A wrongful death lawsuit is filed on behalf of Cydney Kaplan in Cook County Circuit Court, according to the law firm of Levin & Perconti.

Martin Kaplan was admitted to Schwab Rehabilitation Center on Sept. 3, 2007, after having his leg amputated, the suit said. Prior to admission, Kaplan’s daughter did “extensive research” to determine the facility best suited for him. “I wanted to choose the most reputable rehabilitation center for my father. Schwab was a modern facility with a great reputation so it seemed like a no-brainer. I completely trusted Schwab to take good care of my dad,” she said.

Upon admission, Martin’s doctors assessed him as being at risk for falls and accidents during transfers and required he be transferred by two staff members using a mechanical lift. The following day, the suit says, a certified nursing assistant attempted to move Martin into his wheelchair by herself. She used a slide board instead of the mechanical lift his doctors ordered and Martin fell, fracturing his left hip and femur.

Kaplan was admitted to Mt. Sinai Hospital in Chicago the following day for surgery to treat his broken hip and femur. In the weeks after his surgery, according to the suit, his condition deteriorated rapidly. His hip and femur fractures immobilized him and he developed a serious pressure ulcer on his sacrum. In addition, he was diagnosed with sepsis, pneumonia and respiratory failure.

The illnesses developed after his fall at Schwab led to his death in early December 2007.

“We brought this case against Schwab because the staff failed to follow specific care orders,” attorney Steven M. Levin said. “Our goal is to help improve the system of care for other residents by revealing the mistakes made in Mr. Kaplan’s care.”

The suit was filed two months after the Illinois Department of Public Health completed an investigation into Kaplan’s case and cited the facility for improper nursing care..

 

Veteran Malpractice: Heartbreaking Stories, Shameful Conduct

Veteran Malpractice
March 10, 2008. By Gordon Gibb

Marion, IL: One would assume that putting one’s life on the line for one’s country would be met with obligations in kind, including top-notch health care after the veteran comes home. However, that appears not to be the case, as more reports of veteran malpractice at Veterans Affairs hospitals come to light.

One of the most recent reports originates in St. Louis, where a VA official apologized to families and pledged reform after it was revealed that substandard care at a southern Illinois VA hospital may have contributed to 19 deaths.

There are other horror stories. A veteran who served at Pearl Harbor and narrowly escaped death was denied hospitalization at the Colorado State Veterans Nursing Home. Elroy Martinez, 88, suffers from dementia and Alzheimer’s. His wife Stella, who is 83, has found that caring for her husband is overwhelming.

However, the facility has refused her husband care because, according to a report appearing in the Rocky Mountain News late last month, the family complained about his care during previous visits to the hospital. Reports indicate Martinez was last admitted for six days in 2006, and during a previous stay his family complained of abuse, and claimed that he may have been sexually abused, according to the director of nursing at the facility, Nancy Corsentino. The spokesperson adds the allegations were investigated right away, and that the facility has the right to refuse care.

And then there is the tragic story of the late Carmelo Rodriguez, a proud Marine who enlisted in 1997 and served his country in Iraq. Rodriguez was felled by Stage 4 malignant melanoma—a diagnosis made in 1997 by a military doctor at the time he enlisted, but was never followed-up.

By the time he was re-examined in 2005, the melanoma site on his buttocks was enlarged, raised and oozing. The soldier was told to ‘have it looked at’ in five months upon the conclusion of his tour of duty.

By that time, it was too late. When CBS News cameras, invited by Sergeant Rodriguez, arrived for an interview in late January of this year, the now emaciated former Marine was minutes from death. Eight minutes, actually. He died before the interview could take place.

Sadly, because the misdiagnosis, and subsequent re-examination occurred while Rodriguez was an enlisted soldier, the Feres Doctrine bars his family from suing the United States Military for medical malpractice, a law passed by the Supreme Court in the early 1950s.

However, families of veterans do have legal recourse, provided care was administered at a VA hospital. The Federal Torts Claim Act (FTCA) provides that right.

Could this be the reason why a VA hospital in Illinois refused care, potentially in fear of legal reprisals by the family? Who knows?

However, it’s probable that the VA hospital at Marion, Illinois may draw some legal fire. According to reports, it is alleged that the facility was ill equipped and not properly staffed to undertake surgical procedures too complex for their expertise, and was slow to respond to problems. While one surgeon was initially investigated, two subsequent federal reports have cited five other doctors.

The problems first came to light last August. Since then the active management team has either been replaced or reassigned, and in-patient surgeries have been suspended indefinitely.

An investigation determined at least nine deaths at the facility between October 2006 and March of last year were ‘directly attributable’ to substandard care at the Marion facility. The deaths were linked to two surgeons.

A further investigation into 34 additional cases found that 10 patients died after receiving questionable care, which complicated, and compromised their health, although it is not known if the care (or lack thereof) actually caused those deaths.

It has been reported that one of the surgeons was under investigation in the state of Massachusetts at the time he was hired at Marion. Dr. Jose Veizaga-Mendez wound up resigning from the Marion VA hospital just days after a VA patient bled to death following gall bladder surgery. He was eventually barred from practicing in Massachusetts.

George Washington once said that when you put on the uniform, you do not cease to be a citizen.

The appearance of substandard care in VA hospitals, refused care and—in the case of the late Carmelo Rodriguez of the United States Marine Corps a botched diagnosis that was never followed up—suggest that veterans are not always given the respect they are due.

Worse, it appears in some circles they are shown less respect than the average citizen who has never set foot in a war zone.

Veteran Medical Malpractice Legal Help

If you are a veteran and have suffered injuries or negligence at a VA hospital, please contact a lawyer involved in a possible [Veteran Medical Malpractice Lawsuit] to review your case at no cost or obligation.