Wrongful death lawsuit continues
Jun 04, 2014 | 61 61 recommendations | email to a friend | print
To the editor:

My Daddy, Van Adams, passed away at Shady Lawn three years ago from a wrongful death. It was owned by Extendicare at the time. My Daddy had a fistula placed in his right arm in January 2011. He went to the nursing home in March 2011 for physical therapy. While there, he had pneumonia many times, his rights were violated many times, not properly being dressed at all times, he did not receive oxygen as he should have. They have portable oxygen they wear when up. The dials were all broken on the cylinders so no one knew how much oxygen was in it at any time. There was no set person to check them at any certain points. He would become disoriented, but once he received his oxygen again, he would be oriented.

Upon admission, there is so much paperwork that is overwhelming. As I was signing all those papers, I came across an arbitration agreement. The employee explained that it was an agreement that we would agree to go to arbitration first, if at any time we would want to sue the facility. There is no first. You are bound by this agreement and I want everyone to know, if they admit a loved one to NOT sign this agreement. It is not mandatory and they still have to care for them.

The night my Daddy lay dying, I was laying with him and I hugged him. He moaned out. I removed the cover from his arm to find that the fistula was red, hot, swollen. His arm was twice the size and had large water blisters over the fistula area. I went to the nurses. They finally called the doctor to my demand. They waited for third shift to attempt to give an antibiotic. There was a large bruised area on his arm which shows a blood pressure cuff was used on that arm to take a blood pressure. Any nurse knows NOT to take a blood pressure in the arm of a fistula that is to be used for dialysis.

We are in court, we have won through Trigg County and Kentucky Court of Appeals and are awaiting a decision from the Kentucky Supreme Court to take this matter to trial.

People need to know what they are signing and they do NOT have to sign such an agreement. My Daddy’s death needs to mean something. Help someone else. Thank you.



Belinda Whisman, Cadiz
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