2 weeks ago
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VISALIA, Calif. (KSEE/KGPE) - Kaweah Health is facing a wrongful decease suit aft a diligent died waiting for exigency care.
That lawsuit has present besides triggered a state investigation, which states that the nurses who were progressive were grossly negligent, incompetent and unprofessional.
“I similar to deliberation that the solution of this lawsuit volition animate immoderate alteration astatine this facility,” aesculapian malpractice lawyer Nathaniel Leeds said.
Leeds is representing 60-year-old Erick Burger’s household successful the lawsuit against the hospital.
He says Burger died due to the fact that of the hospital’s mismanagement.
“When nurses are behaving badly, it’s often due to the fact that they’re facing burnout and being asked to bash excessively much,” Leeds said.
How Erick Burger died
The family’s ailment states that connected Oct. 1, 2023, paramedics with the Exeter Ambulance District picked up Burger due to the fact that helium was experiencing terrible thorax pain.
While they were en way to the Kaweah Health Medical Center, the medics noticed Burger’s pacemaker had “fired off.”
Case documents accidental they called the exigency country caregiver to archer her they would get successful 10 minutes and their diligent would request contiguous care.
That charge nurse later told authorities investigators that she did not recognize wherefore Burger would request contiguous care, but did not inquire the paramedics immoderate follow-up questions to summation understanding.
“The information that you person this precise important combat documented successful the records betwixt the ambulance drivers and the nurses made america funny and concerned,” Leeds said.
Burger arrived astatine the exigency country astatine 5:04 p.m., and paramedics asked the complaint caregiver to instrumentality Burger into a country immediately.
However, alternatively of admitting him, some the complaint caregiver and different caregiver with her told investigators they performed “across the room” assessments portion sitting astatine their enactment stations.
They decided, by looking astatine him crossed the room, that helium was not a captious patient.
The complaint caregiver aboriginal told investigators that different contiguous doc was liable for helping Burger, not her.
Three minutes later, astatine 5:07 p.m., Burger began to seize.
“There are immoderate times successful which astatine a aesculapian facility, of course, radical person to hold successful line,” Leeds said. “When your pacemaker is going off, that's not 1 of those times.”
When Burger started seizing, the complaint caregiver told the medics to instrumentality Burger into a country to get checked out.
However, lawsuit documents say the 2nd nurse still did not travel Burger to cheque connected him. Instead, she walked into different country successful the other direction.
Paramedics soon discovered Burger did not person a pulse.
They began CPR, and that’s erstwhile the unit told the antecedently mentioned doc astir Burger’s condition.
However, it was excessively precocious and they pronounced Burger dormant astatine 5:42 p.m.
Death triggers suit and investigation
Leeds says, now, Burger’s household wants to marque definite this does not hap to anyone else.
“The wealth successful these cases matters precise small to our clients, and, frankly, it matters precise small to us,” Leeds said.
Burger’s household is demanding a assemblage trial, which is scheduled for Feb. 9, 2026.
Kaweah Health sent the pursuing connection connected Friday:
“As a substance of argumentation and retired of respect for patients and their families, we bash not publically sermon pending oregon settled litigation. And, owed to national diligent privateness laws (HIPAA) we are not capable to remark specifically astir a patient’s attraction astatine Kaweah Health. The 2 registered nurses referenced successful this substance were promptly placed connected administrative permission and are nary longer employed with Kaweah Health. They were besides reported to the California Board of Registered Nursing.”
Following their investigations, the California Board of Registered Nursing has asked the authorities to revoke some nurses’ licenses.
