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Lawsuit: Mother taken off life support without permission
WSVN ^ | February 26, 2010

Posted on 02/27/2010 6:07:23 PM PST by BykrBayb

MIAMI (WSVN) -- A young mother died when, a lawsuit claims, she was taken off life support without her family's permission.

It was supposed to be a day of joy for the Francois family. Twenty-six-year-old Caroline was giving birth to her third child at a local hospital.

The baby was born fine, but the next day things went terribly wrong for the young mother. "Her blood pressure remained high and continued to remain high," said the family's attorney, Loreen Kreizinger. "As a result of her uncontrolled hypertension, she had a bleed to the brain, which happened the next day after the baby was born."

Caroline was put on life support. "It's terrible," said Kreizinger. "It's probably one of the worst things I've personally ever experienced as an attorney, and I am also a nurse."

According to the lawsuit, after Caroline was put on life support, the local hospital called the University of Miami organ donor program. An employee of the donor program went to the hospital and tried to meet with the family. "Mr. Francois never spoke with them and never gave consent," said the family's attorney.

But despite that, the lawsuit against the University of Miami claims that same employee, who is not a medical doctor wrote physician's orders in Caroline's chart which read: "Patient pronounced brain dead at 16:16 hours," and, "Please discontinue all treatments including the ventilator."

"We have evidence that he physically entered the room and actually turned off the ventilator," said the lawyer.

Court testimony supports that shocking allegation. Caroline's respiratory therapist was asked in a deposition, "Who physically took Caroline off the ventilator?" The therapist replied, "That's a gentleman from organ procurement."

In Caroline's chart, her nurse wrote the employee from UM "turned off vent," referring to the ventilator.

No one is saying why this employee might have pulled the plug, but Caroline's doctor is very clear. In testimony, her doctor was asked, "Did you yourself at anytime make an assessment that Caroline was brain dead?" The answer: "No."

"We have evidence that Caroline began to breathe on her own, both by a computerized respiratory printout and by handwritten notes of the respiratory therapist," said Kreizinger.

Asked if she was implying that Caroline was breathing on her own and still taken off life support, the family's attorney replied, "That's right. That's what we're saying here."

The University of Miami denies the allegations in the lawsuit, saying, "This defendant specifically denies that it, or anyone for whom it could be held legally responsible, caused or contributed to Caroline Francois's death."

"It certainly is the University of Miami's position that there were four determinations of brain death prior to disconnection from ventilator," said University of Miami attorney Helenemarie Blake. "There is an issue of fact as to who disconnected the ventilator, if at all."

In court Thursday, University of Miami attorneys tried to get the judge to strike Caroline's nurse from the witness list. That nurse allegedly witnessed who turned off the ventilator. The attorneys say they have not been able to locate that nurse to depose him. The judge has denied that request.


TOPICS: Crime/Corruption; US: Florida
KEYWORDS: carolinefrancois; euthanasia; gregoryjacobs; moralabsolutes; murder; prolife; whiterose
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To: AliVeritas
This issue was addressed one time in the 60s or 70s in a science fiction short story that I read the. I have forgotten the name of it, but in that society, people who chose not to had to wear some kind of large, ugly bracelet. If you did not have it on, the medics at an accident could strip you of your organs on the spot. The plot revolved around a young girl who took hers off to go on a date.
121 posted on 02/28/2010 7:47:15 AM PST by chesley (Lib arguments are neither factual, logical, rational, nor reasonable. They are, however, creative.)
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To: ladyjane

I think theres some confusion as to what alive is when it comes to donors.


122 posted on 02/28/2010 7:49:57 AM PST by linn37 ( "The problem with socialism is that you eventually run out of other peoples money.)
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To: linn37

I think you’re right. It’s not very clear what really dead means when talking about organ donation. Perhaps more people would donate if the issue were clarified.


123 posted on 02/28/2010 8:17:31 AM PST by ladyjane
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To: LibertyRocks

Totally Agree! If I hadn’t been there to listen to the doctor, my mom would not have remembered ANY of it. The drugs they gave her (liquid oxycodone) made her incredibly goofy, and she babbled on about all kinds of things she didn’t remember. She also had a bad reaction from the dilaudid they gave her the first day, got a rash all over her entire body. I had to take her to her regular doctor on Friday to see about the rash, and was the only one who could give him the entire time line of what happened, etc. Mom didn’t have a clue. She will be 76 this year, and if she ever needs major surgery again, you can bet I’ll be with her the whole time, even if I have to sleep on the floor! Especially after this story, as she is an organ donor. So am I, and now I’m thinking about changing that status, after the advice given by someone upthread!


124 posted on 02/28/2010 8:39:54 AM PST by Mama Shawna
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To: LibertyRocks

Heh.. I have had sooo many bad experiences at our local “hospital” and I use that term loosely. I reallllly want to be able to say something good about them, but I can’t. It’s one nightmare experience after another, just starting with the apathetic personalities of most of the employees there, then we go on to the emergency rooms, no excuse for blood on the trays from someone before us, trash on the floor, etc... If it was a hospital in the middle of Detroit, that might fly, but I just see no excuse for it here, especially when we go to the hospital hr. and half away, and it is spotless, you are checked on constantly, things run on time, etc. etc. etc.....


125 posted on 02/28/2010 9:09:47 AM PST by gibsosa
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To: greeneyes

And therein lies the rub (for me, anyhow) that the posters who think this is perfectly fine, or, that they don’t want to be on life support, blah blah blah, completely miss, or conveniently miss, -— this is about someone who is cared about. Be it my mother, son, brother, etc., I care about them, and I will exhaust every effort to make sure a fatal mistake is not made. Further, if Teri Schiavo was my sister, mother, aunt, etc.. I feel it is MY decision to take care of her, NOT the state! MY decision on how her quality of life is, if I am willing to spend my time caring lovingly for her, as long as she breathes. /rant off...


126 posted on 02/28/2010 9:29:14 AM PST by gibsosa
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To: Judith Anne
By law, the hospital must retain a record of each and every time your medical record has been requested. Ask them for this list. If they fail to provide it, they are going against HIPPA laws, and may be prosecuted (if you feel your privacy may have been compromised).

As someone who has worked extensively with medical records, I can tell you that this law isn't always followed to a T, nor is it practical, but if you don't stand up for your rights in this case, they will continue there lackadaisical attitude towards this law in other cases ("they are always doing that"). So although, you personally, may not be affected, it is the principle of the matter for others down the road. Believe you me, if the medical records department is not called on it now, they will continue in it's practice.

127 posted on 02/28/2010 9:30:12 AM PST by codercpc
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To: codercpc

Even though I’m a nurse, I did not know that the MR department MUST keep a record of every time my records have been requested.

If/when the risk manager calls me back on Monday, I’m going to ask for that list.


128 posted on 02/28/2010 9:35:51 AM PST by Judith Anne (2012 Sarah Palin/Duncan Hunter 2012)
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To: Judith Anne

The first link is a bunch of gobbily gook, but it is the part of the law that states you are entitled to an “accounting” of disclosures that the “covered entity” (ie Hospital).

The second link is to the Wikipedia article that this info was found in. It is under the Privacy Rule section.

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?YEAR=current&TITLE=45&PART=164&SECTION=528&SUBPART=&TYPE=TEXT

http://en.wikipedia.org/wiki/Health_Insurance_Portability_and_Accountability_Act#cite_note-18


129 posted on 02/28/2010 9:54:00 AM PST by codercpc
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To: Mjaye
I have let my family members know:

If my organs did not work well enough to keep me alive, then it is irresponsible to allow them to be put into someone else.

130 posted on 02/28/2010 10:05:24 AM PST by Petruchio (Democrats are like Slinkies... Not good for anything, but it's fun pushing 'em down the stairs.)
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To: codercpc

I knew it was strict, but didn’t realize HOW strict. Thanks.


131 posted on 02/28/2010 10:06:26 AM PST by Judith Anne (2012 Sarah Palin/Duncan Hunter 2012)
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To: wagglebee
This is one reason I would never put myself down as an organ donor.. There are many cases where they wanted to harvest organs when there were still treatment options and hope.

My advise is not to put anything in writing, tell your family when they hear you are gone to offer the organs..

I suspect this kind of decision is made more than we know..

132 posted on 02/28/2010 10:07:15 AM PST by RnMomof7
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To: Judith Anne
I, unfortunately, found out about this part of the law the "Hard Way".

At my last job part of my duties was random auditing of medical records. As an RN I am sure you have heard the line of "not documented, not done". So that was my job. I would run a computer program of randomly selected medical records. I generally never even got a persons name, just the medical record number of a patient, and I would then look at the record and determine if the procedures billed for were actually recorded in the permanent record (ie if an EKG was billed, did we have the necessary documentation to back it up), or on the flip side, if I found documentation of an EKG being done, was it billed for.

Anyway, one day a patient called in and complained that someone at the facility must have disclosed her health information because her ex boyfriend knew she was pregnant, and she never told him. As with most clinics, we took this accusation extremely seriously, so the administrator ran an audit of who had accessed her file. My name came up so I was called in for a "meeting". Thankfully, my policy had always been to keep track of the records I audited. I did it by the med record #, so after digging I was able to prove that my access of said record was totally innocent.

I am sure, as an RN, you understand when I say that I could give a rat's AS* about any ones personal info. I see so much of it every day that nothing surprises me in terms of "unique". In fact I generally have absolutely no idea of a patients name, although it is there. Because I work in the abstract, and not personal care, one medical records looks like all the rest to me.

133 posted on 02/28/2010 10:34:33 AM PST by codercpc
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To: codercpc

So much of our documentation was the legally required save our own butt stuff. Something like 43 pages for the RN admitting someone to the floor, for every Medicare patient, not to mention the other paperwork (dr orders, nursing assessment, RT, Dietary, personal possessions, treatment plan, X-rays, labs, meds, the whole shootin match.

Setting up TPN, irrigating a central line, restarting an IV, hanging piggybacks, changing out fluids, checking the NAs charting, fixing a blocked foley, calling for transport, documenting meals (the NAs were always busy after meals with bedpans and toileting), seeing who hadn’t had a BM for three days, checking on pain relief, giving narcotics, counting narcoticss, charting narcotics, *sheesh!* Working shortstaffed really sucked.

I’m glad I’m retired.


134 posted on 02/28/2010 10:47:43 AM PST by Judith Anne (2012 Sarah Palin/Duncan Hunter 2012)
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To: BykrBayb

This is exactly why I will not put that I am an organ donor on my license. I told my parents that they can use my organs but not unless I am officially dead.


135 posted on 02/28/2010 10:48:41 AM PST by Pinkbell
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To: AliVeritas

If we could extend this presumed consent to other donations, Goodwill could come in your house every spring and just take all the stuff you were probably going to donate during spring cleaning anyway. My neighbor didn’t tell me that she doesn’t want to donate her big screen TV to me. I guess that makes it mine.


136 posted on 02/28/2010 11:16:07 AM PST by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: RnMomof7

This is exactly what I’ve done. I have no problem with someone getting my organs AFTER I’m dead, but I don’t want the hospital knowing that until I’m actually dead.


137 posted on 02/28/2010 11:56:41 AM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: wagglebee

Wise man :)


138 posted on 02/28/2010 12:00:39 PM PST by RnMomof7
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To: BykrBayb

Terrible. Florida again.


139 posted on 02/28/2010 12:04:14 PM PST by Dante3
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To: RnMomof7

My brother is an attorney who specializes in estate planning and elder law, I’ve gone over every possibly scenario with him and my medical directives reflect my exact wishes, not some boilerplate nonsense pushed by the hospitals.


140 posted on 02/28/2010 12:05:48 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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