 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Broehm v. Rochester1/20/2005
. Wick stated that Broehm's restraint "had the essential characteristics of a 'dressing,' so as to require adherence to the skin integrity and dressing inspection protocols." She further noted that if Dr. Pairolero ordered that the restraint not be disturbed, such an instruction from a physician would require him to personally inspect the dressing or assign someone else to "fulfill the duty of inspection." Wick also asserted that these orders should have been included in the medical records obtained from Mayo by Broehm, but were not. Finally, Wick stated that Mayo's hospital records did not indicate that any inspections by Dr. Pairolero or others took place before Broehm complained of pain.
In the disclosure, Wick observed that the "importance of frequent, periodic inspection of dressings, particularly where adhesive tape is stretched tightly against unprotected forehead skin, is well-known and universally accepted in basic nursing instruction and medical literature." She then described how necrosis of the skin can result from restriction of the blood supply. The development of skin necrosis may take from several hours to several days depending on a number of variables, including the amount of pressure and the direction of the pressure. Wick explained that pain usually precedes death of the skin tissue, but an anesthetized or heavily sedated patient who cannot sense pain is "uniquely vulnerable to the skin necrosis process." The necrosis process may also depend on the health of the patient. Wick stated that, because Broehm did not suffer from any health condition that would have contributed to the necrosis, "the amount of pressure on [Broehm's] skin sufficient to cause necrosis must have been significant and excessive."
Wick then asserted that Mayo's staff "minimized and underestimated the severity of the wound" after it was discovered. She noted that a skin specialist or plastic surgeon did not examine Broehm until Tuesday, December 21--two days after the wound was discovered. Wick claimed that more aggressive attention would have "produced less permanent scarring."
Wick next stated that Mayo owed Broehm duties to:
1. Obtain her informed consent to the use of a head restraint device that had a foreseeable risk of causing a permanent wound and scarring to her forehead if such was a known or foreseeable risk.
2. Construct a head restraint device that did not cause a wound injury or, alternatively, employ an alternative technique to immobilize the head.
3. Inspect skin integrity and the restraint device as though it were a dressing at regular intervals, no less often than once each 8 hour nursing shift or more often if medically indicated.
4. Seek appropriate specialty care to diagnose and treat the patient's forehead wound immediately upon discovery of the wound.
Wick then specified that these duties were breached when Mayo:
1. Fail to obtain [Broehm's] informed consent.
2. Fail to construct a head restraint device that did not cause a wound injury .
3. Fail to inspect skin integrity and the restraint device as though it were a dressing at regular intervals no less often than once each 8 hour nursing shift or more often if medically indicated.
4. Fail to seek appropriate specialty care to diagnose and treat the patient's forehead wound immediately upon discovery of the wound.
Wick was the only expert disclosed by Broehm before the January 28, 2002 expiration of Minn. Stat. ยง 145.682's 180-day disclosure deadline. That day, Broehm filed a motion to extend the deadline. Mayo opposed the extension and on February 17, filed a motion to dism
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|