The judge rejects some, not all, of the misconduct claim in the lawsuit
Some of the civil claims in the OMC medical misconduct lawsuit are dismissed; others are upheld.
Clallam County Supreme Court Justice Brent Basden dismissed several civil claims in a medical misconduct litigation relating to the 2017 death of a 99-year-old woman pronounced dead before she died at the Olympic Medical Center (OMC) should. However, Basden said, “Expert evidence is needed to establish the standard of care for declaring death.” If the lawyers cannot reach an agreement out of court, they will be brought to justice.
Basden noted that on the day Catherine Leona Delo was declared deceased, too much vital information was still unknown to dismiss the unlawful death suit. He ordered attorneys from OMC and Evelyn Galland, Delo’s daughter, to produce a list of witnesses and initiate civil proceedings on May 17th. At the hearing, he also rejected OMC’s request for a summary judgment.
Basden dismissed a corporate negligence lawsuit, dismissed an unlawful death lawsuit against nurse Karen Tyler, and dismissed negligent infliction of emotional distress claims against OMC, Dr. Yiragalem Tiruneh and nine other defendants, who were not named, returned. He also dismissed undocumented and unlawful death claims against Tyler.
Photo by Anna Shvets on Unsplash
“There is a real material question as to whether Ms. Delo passed away when her death was declared on February 15, 2017,” judged Basden. He added, “More research is needed to determine whether OMC is up to standard of care.”
Galland said her mother’s broken nose and bloody bedspread prove she was alive for up to two days after she was declared dead. Its conformity is: “Death is the termination of life; cessation of existence; defined by doctors as a complete interruption of the blood circulation and as an interruption of the animal and the resulting vital functions such as breathing, pulsation, etc. “
Delo’s daughter also alleged that her mother had been denied fluids and oxygen, stating, “I believe the defendant removed fluids and oxygen from her to hasten her death. It is a terrible thing. I have lingering nightmares about her treatment at OMC and that me and my mother are trapped. “She added,” When I learned that the morgue found my mother soaked with blood and that I had a broken nose, I was shocked and concerned that my mother had been suffering from untold fears and pain. Dead people don’t bleed in large quantities. I didn’t just have nightmares [described] above, but I was scared to think about how my mother suffered from being pronounced dead while she was alive. “
OMC, she said, had not followed its policy of confirming two nurses’ deaths. The complaint states: “Agents from the Olympic Medical Center treated Ms. Delos negligently, breaking her nose and damaging her eye socket. Ms. Delo was trapped in the body bag long enough for her to squeeze and hit the bag to get out and injure her hand. “
In its motion to summarize the judgment, OMC noted that a forensic pathologist found that the patient had died of arteriosclerotic cardiovascular disease and that “no traumatic injury, including an injury to her nose, contributed to her death and that her nose and eye injuries may have occurred postmortem. ”
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