In February, the New Hampshire Supreme Court will hear appeal arguments on a wrongful death suit filed against HCA Health Services and Portsmouth Regional Hospital. (See: http://www.seacoastonline.com /apps/pbcs.dll/article?AID=/20080118/NEWS/801180446)The wrongful death lawsuit was brought by the wife of the deceased. A jury ruled against her claim that hospital negligence caused her husband's death in 2001, at the age of 62.
During the trial, attorneys representing the widow contended that her husband died after aspirating bile into his lungs because he had been negligently hooked up to an empty oxygen tank.
A medical expert testified that the patient was deprived of oxygen and suffered hypoxia, an oxygen deficiency that impaired his mental capabilities. A surgical critical care specialist testified the hypoxia compromised the patient's ability to protect his air pipe when he vomited - a reflex action under normal conditions.
Lawyers representing the estate said their theory of what happened has not changed, but that will not be the basis of the wrongful death appeal.
During the trial, the defense attorneys successfully argued that the patient had many illnesses and when he came to the hospital, he was already very sick and subsequently died from an overwhelming infection.
The husband was admitted to the hospital for gall bladder surgery on Dec. 11, 2001, and later discharged. On Dec. 14, he called his doctor complaining of pain and a swollen, bloated stomach. His doctor did not see him, but instead prescribed antibiotics. On Dec. 16, the patient was brought to the emergency room in extreme pain and with a distended stomach. On Dec. 17, he was hooked to an oxygen tank while being transported for a procedure in which a camera would be inserted to assess his condition.
In the treatment room, it was discovered that the tank was empty. The patient died Dec. 18.
The autopsy report, which did not list a cause of death, indicated the patient had acute inflammation, bilateral pneumonia and cardiomegaly, a condition in which the heart is enlarged.
