In 2003, 53-year-old David Fitzgerald entered RDH Medical Centre in Farmers Ranch for a routine stomach ulcer operation. Within days of the surgery, he went into septic shock. The hospital's infectious disease specialist failed to recognize that the patient contracted MRSA, or methicillin-resistant Staphylcoccus Aureus, a common infection hazard present in almost every hospital and a recognized threat to patients.
"If the doctor had recognized that this was a MRSA infection and provided the right antibiotic treatment for my client, he would have walked out of hospital with both arms and legs--but that didn't happen," says Turley, with a sigh.
Despite the fact that Fitzgerald was coughing up green phlegm and clearly had a lung infection, a sure sign of MRSA, the doctor chose to focus on what he believed was infection confined to the site of the patient's incision.
"MRSA is everywhere, both in hospitals and in the community," says Turley. "According to the statistics from 2003 that we brought forward at trial, a third of all hospital infections are infections of the lungs—and a third of those lung infections are MRSA."
The question was not how Fitzgerald got the infection, but rather, what the doctor did to treat it. "He should have provided the patient with the full range of antibiotics including ones that would fight MRSA," Turley says. "He was not treated quickly and with the appropriate antibiotics."
Eventually the error was realized. To save his life, both arms and legs had to be amputated and his world was forever changed. "He is unable to work, or zip up his pants, or comb his hair, or go to the bathroom without help," says Turley, "and this is never going to change, he's never going to get better and he will need psychological help for the rest of his life.
"I can tell you from having spent a lot time with my client that people stare because he looks so different, and children--even adults--say inappropriate and hurtful things to him. He has chosen to withdraw from the Dallas community and lives out in the country now."
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Linda Turley began practicing law in 1983. She has been board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1988. Ms. Turley has the highest professional and ethical ranking among her peers (AV). She handles cases in Products Liability, Negligence, Medical Malpractice and Special Projects sections. Through out her career she has handled serious injury and death cases.
READER COMMENTS
Kandace Price
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Virginia Ortiz
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Death Certificate Cause of Death: (a) Sepsis (b) Pneumonia OTHER: Cellulitis, Aspiration of Peg Feedings. Date of Fall: 11.16.14 Date of Death 1.7.15
My dad, Ramon Mendiola, age 86 fell down and broke his hip at home on 11.16.14. Prior to his fall, he lived alone and did everything on his own. He lived at his home, cooked for himself and drove his truck nearby his home. He ate healthy foods and never missed his doctor’s appointments. All conditions stated below, he did not have before his fall. He was operated at Mission Trail Baptist Hospital and received a total hip replacement, thereafter; he was transferred to Hunter’s Pond Rehabilitation and Healthcare Center on 11.21.14. During the latter part of his stay at Hunter’s Pond we noticed the symptoms of pneumonia got worse and he didn't want to eat. At Hunter’s Pond we only saw and spoke to nurses, we never saw a doctor. We wanted to take him to a hospital; however, we were told he could not leave without doctor’s orders. After two days and no doctor we just left, as his condition worsen.
When he arrived at the Methodist Stone Oak Hospital on 12.14.14, The ER nurse said, “His condition is unacceptable and all could have been prevented.” My dad was severely mal nutrition, dehydrated, had pneumonia, kidney failure (which got better), ulcers on heels and toes (these were getting treatment at Hunter’s Pond) and bed sores on his buttocks. These were not receiving treatment. In the Hunter’s Ponds medical records it states that they didn’t know he had bed sores on his buttocks. Thereafter, we were told he needed a PEG tube placement and we needed to wear a mask, gloves and a gown to see my dad during his stay here and did so until his death.
He was then transferred to Warm Springs Rehabilitation Hospital of San Antonio on 12.22.14 they gave him good care, but here he developed a urinary tract infection and showed symptoms of Sundown Syndrome. At the end of December we were told that he was (1) back to normal and he could leave. I strongly disagreed. I replied, “He can’t even dress himself. (2) The second reason given was that he was only getting “custodial care” and he needed to be transferred out. When we arrived here, we were told that he would not leave until he is able to do all things he used to do before his fall.
On 1.2.15 he was transferred to Kindard Hospital San Antonio. After receiving a modified barium swallow test on 1.6.15, we were told that he could eat a soft diet. On 1.7.15 in the morning he went to physical therapy, he was very weak due to lack of sleep. At about 1:30 p.m., he ate for the first time a spoon of chicken salad and 3-4 oz. of tea, immediately thereafter, he aspirated. The lung specialist Jonathan came in about 3 p.m. and gave him some treatments, thereafter, he fell asleep. At about 10:15 p.m. we were called and told that he had stopped breathing for us to rush to the hospital.
After receiving and reviewing his death certificate it indicates that he died of ”Sepsis”. We were never told by anyone that he had Sepsis nor was he ever tested nor treated for Sepsis per all his medical records. His medical records at the Methodist Stone Oak Hospital state: “Was he tested for sepsis?” No answer to this question was left blank.
We wish to seek justice for the improper care received, failure to diagnose and failure to treat existing infections (buttocks bed sores and sepsis) which lead to his death. We have requested medical records from all locations and will provide them to you upon request.
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tammy
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walter wokcik
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Dr. Moojan Donaldson
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