Update on Memorial Cases:Motion for Punitive Damages filed in Chandler case

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A motion was filed in the matter of George Clay Chandler v. Memorial Hospital Jacksonville, et. al. seeking punitive damages on Mr. Chandler's behalf. The evidence filed shows that in 2008 and early 2010 Memorial Hospital was cited by AHCA for deficiencies in its care of patients and particularly for numerous failures relating to nursing and wound care.

A motion was filed in the matter of George Clay Chandler v. Memorial Hospital Jacksonville, et. al. seeking punitive damages on Mr. Chandler’s behalf.

The Motion presented the following facts: Clay Chandler entered Memorial Hospital in March of 2007 for bariatric surgery. Clay’s suit claims that following his surgery, he suffered from complications which were ignored and resulted in sepsis, a respiratory arrest, followed by a cardiac arrest and ultimately severe brain damage. In the aftermath, he was held in Memorial Hospital’s Critical Care Unit as a total care patient for weeks.  During his stay in the critical care unit, he suffered severe injuries to his eyes, contractures (frozen joints), and bedsores.  His claim for punitive damages seeks to prove this all happened due to a lack of the most basic human care. The motion presents evidence that Memorial Hospital nurses failed to perform basic managerial review of Clay’s medical records which should have caught and corrected these problems. 

Recently (December 14, 2010), Clay’s attorneys took the deposition of Memorial Hospital’s wound care nurse. The wound care nurse testified that in the year following Clay Chandler’s problems, she resigned from Memorial Hospital in protest over Memorial Hospital’s administration and management refusing to address serious care problems that she had warned them about repeatedly since 2002. As described in her two depositions, the nurse complained to management at least every couple of weeks.  Her testimony has been confirmed by other nurses.

The evidence filed by Clay’s attorneys shows that in 2008 and early 2010 Memorial Hospital was cited by AHCA for deficiencies in its care of patients and particularly for numerous failures relating to nursing and wound care. 

Memorial Hospital’s administration announced in early 2010 that, after reviewing its care rendered to Mr. Chandler, it found all care and treatment of him to have been reasonable and within the standard of care.  These statements were made to the press following publicity about the failures of care Mr. Chandler suffered while a patient at Memorial Hospital.

The motion for punitive damages was filed today, January 18, 2011, in court and attorney Tom Edwards expects similar motions to be filed in 5 other Memorial cases in the near future.

œThe thing that is most shocking to me, is these problems all are problems related to basic human care. It is as simple as adding drops to eyes, as simple as turning a patient every 2 hours¦as simple as taking the time to move joints in range of motion or even explaining to a family member how to do it said Edwards. No specific amount of damages is being asked, but will be decided once the case is in front of a jury.

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