Complaint Review: Western Health Care Hospice Loma Linda California

TO: MEDICAL REVIEW BOARD

FROM: VICTOR I. DELLA ROSSA
1186 BROADWAY 1121
NEW YORK, N.Y. 10001
Phone: (212) 779-4650
Victor@DellaRossa.Net

DATE: TUESDAY 01 JUNE 2004

SUBJECT: DAVID DELLA ROSSA ~
WRONGFUL DEATH

David Della Rossa was visited 08 February 2003 by his Mother Yvonne G Della Rossa at his residence in Glendale. Mrs Della Rossa immediately recongnized that David was in severely debilitated physical condition, and required treatment.

Having her residence in Loma Linda, Mrs Della Rossa prevailed upon David to return there to seek treatment. Upon returning to Loma Linda, Mrs Della Rossa presented David to Loma Linda University Medical Center on or about 09 February 2003.

After an initial diagnosis lasting until on or about 12 February 2003, David was released from Loma Linda University Medical Center with a prognosis of a liver condition that required a specialist that was claimed to be unavailable through association with Loma Linda University Medical Center. Mrs Della Rossa was given instructions to search for a liver specialist, and David was released from treatment.

On or about 19 February 2003, Mrs Della Rossa was unable to find a liver specialist who would consult with David, and viewing David's condition as severely impaired, David was once again returned to Loma Linda University Medical Center for treatment.

David was diagnosed with kidney failure, Hepatitis C, and a prognosis of 3 to 6 months of life. David remained entirely cognizant during this time. However, David had previously viewed his common-law wife's death one year prior to this time, as a result of failed attempt of treatment, and David, being severely depressed and despondent, signed a Do Not Resucitate (DNR) release, as well as refusing an option for dialysis.

On or about 05 March 2003, David was released to the care of a local Hospice, with a prognosis of 6 days to 3 months of life. David remained entirely cognizant during this time, one doctor claiming that his mental awareness was surprising in his physical condition.

David was accompanied throughout each event and diagnosis by Mrs Della Rossa.

On 06 March 2003, David's brother Victor I. Della Rossa visited him in Western Health Care a Loma Linda California hospice. At 1:30 am, Victor entered the room where David was resting, and noticed that he was not attended by a nurse. David then requested help removing his oxygen tube from his nose, claiming it was extremely uncomfortable. A nurse appeared and requested the reason for the removal of the oxygen, as it was explained to her that David demanded it removed.

David began complaining of extreme pain in his abdomen. He then requested Victor to lift him onto a seat, and into the bathroom where he could facilitate excretions. David was attended by Victor and a nurse into the bathroom, where he immediately went into an extreme convulsion, eyes rolled up into his head, with loud groaning noises.

Victor held onto the back of David's head with his left hand to keep him from swallowing his tongue, and pounded on David's heart with his right palm, calling his name, "David", in a successful attempt to revive his cognizance. The nurse, having witnessed this, frantically escaped the bathroom, however, never returned with any assistance.

Victor immediately began requesting the assistance of the David's presiding doctor of care. From approximately 2:30 am until 8:30 am, Victor repeatedly requested a doctor to attend to the condition of David, without success.

An orderly named John assisted lifting David up and adjusting David's bed, however, no nurse of attendant delivered any medication, or any assistance of any type until David perished at about 8:45 am.

The orderly John was repeatedly asked by Victor to get the doctor in charge of David, that David required immediate medical attention, and needed the fluids released from his stomach, among other extremely pressing concerns. However, John kept excusing the doctor, saying the doctor would not be available until 8 am.

Victor waited until 8 am, while David entered another convulsion of the same type as previous, and began hemorrhaging onto the floor prior to his return to his bed.

At 8:20 am John was again requested the whereabouts and presence of the doctor in charge of David. John explained that the doctor was "doing rounds of medication and would not be available until 10 am or 10:30 am".

Victor was exasperated, and sat down in a chair beside the bathroom to keep an eye on David, who was in extreme discomfort, and frantically searching for a position that would allow him to rest.

At about 8:45 am, Mrs Della Rossa arrived to visit David, and discovered that David was unconscious, extremely cold to the touch, and not breathing. Victor had dozed off, and was awakened to Mrs Della Rossa entering the room.

When Victor turned David over to face him, David gasped for breath, but was unable to breath normally. Mrs Della Rossa immediately returned with a nurse and shortly thereafter, the Loma Linda Fire Department paramedics and a chaplin arrived who counseled Mrs Della Rossa and Victor to "let him go".

Under extreme duress and against David's DNR, Mrs Della Rossa and Victor requested the resucitation of David, if possible. However, at about 9 am, David was still not breathing, and was pronounced deceased.

David's Certificate of Death proclaims his cause of death to be Cardiac Arrest.

There appear to be significant discrepancies in the overall diagnosis and treatment of David throughout his initial admittance to Loma Linda University Medical Center, and during his final hours in the hospice.

1. David should never have been released from Intensive Care Unit in his condition of liver damage and kidney failure.

2. David should have been reviewed for clinical psychological irresponsiblity when he signed DNR, and restrained respective to his treatment options and life support.

3. David should have been cared for by qualified nurses who would have followed strict doctor's orders to maintain oxygen at all times, delivered appropriate pain medication, and furthermore, ensured that a doctor was available in this type of emergency.

Medical records, treatment logs, and testimony of Mrs Della Rossa, Victor, Loma Linda University Medical Center and Hospice staff may indeed demonstrate medical malpractice, negligence and wrongful death in this untimely and tragic instance of premature loss of David's life.

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Notes from conversation with

Dr. Alan E. Laskow
Retired, Psychiatry
318 Greenwich Street
Apt. 38-A
NYC, NY 10013
(212) 513-7222

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inappropriate discharge from emergency

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hepatologist should be inhouse

specialists are always available

since LL is a medical school

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compromised by lack of action in emergency

returned to hospital within a week

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when the patient refused treatment

he should have been evaluated by psychiatrist

to determine his mental status to make decisions

patient should have been restrained to retain oxygen

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hospital discharged to hospice

medical orders:

patient requires nasal interjection of 02

removal of oxygen most likely caused seizure

and heart failure

nurse abandoned patient during convulsion

nurse didn't follow doctor's orders with 02

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in emergency circumstances

doctor was not summoned

doctor's orders were not followed

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patient appears to have been gorked

(delivered minimal treatment to die)


Victor I Della Rossa
New York City, New York
U.S.A.