As reported in the Bozeman Daily Chronicle, a judge has found a physician negligent in failing to "see, examine, treat or follow up" on her patient's condition while in a nursing home, and the patient later died.
In 2007, the patient, D.R., died from head injuries she had obtained while a patient in the Evergreen Bozeman Health and Rehabilitation nursing home. Her widowed husband, G.R., along with the couple's three children, named the nursing home, numerous staff members and Dr. K.B. in a suit filed in July 2008.
The suit against all but Dr. K.B., the medical director at the nursing home and D.R.'s personal physician, was settled for an undisclosed amount in 2010. The suit against K.B. is still pending.
Judge John Brown, of the Gallatin County District, ruled that K.B. was negligent in D.R.'s death. The charges and ruling will be weighed by a jury.
On November 22 Brown wrote, "It is undisputed that Mrs. (D.R.) was Dr. (K.B.'s) patient during the time period in question. Dr. (K.B.'s) failed to fulfill her duties to Mrs. (D.R.), breaching the standards of care ... by refusing to see, examine, treat or follow up with her as Mrs. (D.R.) condition demonstrably deteriorated from her lack of care."
Attorney John Russell, in representing Dr. K.B., said that the judge's written opinion was "exceedingly rare" and "It's our position that his decision that she committed malpractice was in error because that's a decision for a jury to make."
The lawsuit stated that D.R., 87, was admitted to Evergreen for "what was to have been a short-term admission for the purpose of improving her strength" on May 10 2007.
By June 13, 2007, D.R., after three reported falls, had a fourth fall in which she was discovered unconscious and bleeding from her head. The next day she died. The "death certificate shows as 'acute cerebral hemorrhage'" as the cause of death after a notation that read that she had fallen "in room - hit head."
Judge Brown's ruling stated that K.B. "failed to visit, examine or devise a medical plan of care for Mrs. (D.R.) within an acceptable timeframe" and only examined D.R. on May 29 - which was "weeks after Mrs. (D.R.) was admitted, and at a time at which Mrs. (D.R.'s) condition had seriously declined."
Court documents also report that K.B. failed to evaluate D.R. for possible side effects from her prescribed medications. Some of the possible results would have been D.R. suffering with increasing tremors, lowered blood pressure, higher risk for falling and sedation.
Dr. K.L., a consultant for the state of California and the U.S. Department of Justice on nursing home and elder abuse issues, gave a deposition in the case that was cited by Judge Brown. Brown wrote, "Dr. (K.L.) opines that Dr. (K.B.) committed multiple incidents of gross professional negligence and neglect, breaking many applicable standards. Clearly Dr. (K.B.) abandoned her patient and refused to properly evaluate her. The undisputed evidence establishes Dr. (K.B's) neglect and indifference to her patient's worsening condition."
Over $4.6 million in damages are sought on behalf of the family for pain and suffering, grief, loss of comfort and society and anguish. The figure also includes damages for the deceased humiliation, physical impairment and medical and funeral expenses.
An additional $10 million is asked in punitive damages and over $19.3 million for compensatory damages and attorney's fees.
Have you, or someone you hold dear, been hurt instead of helped by a physician? Contact a medical malpractice attorney to file your lawsuit and receive compensation for your losses.