Bonnie Weight-Smith
14 BONNIE SMITH WEIGHT
15 CALLED BY THE PLAINTIFF, HAVING BEEN FIRST DULY
16 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
17 DIRECT EXAMINATION
18 BY MR. WILSON:
19 Q. WOULD YOU STATE YOUR FULL NAME FOR THE RECORD, PLEASE.
20 A. BONNA DEL SMITH-WEIGHT.
21 Q. HOW DO YOU SPELL THAT?
22 A. WEIGHT?
23 Q. YES.
24 A. W-E-I-G-H-T.
25 Q. AND, BONNIE, WHERE DO YOU RESIDE?
679
1 A. BOUNTIFUL.
2 Q. HOW LONG HAVE YOU RESIDED THERE?
3 A. ABOUT 12 YEARS.
4 Q. OKAY. ARE YOU THE DAUGHTER OF LYDIA SMITH?
5 A. YES.
6 Q. AND I'M GOING TO JUST DIRECT YOUR ATTENTION TO THE
7 EVENTS SURROUNDING YOUR MOTHER THAT OCCURRED IN 1995 IF I
8 CAN. DID THERE COME A TIME IN JUNE OF 1995 WHERE SHE WAS
9 HOSPITALIZED, TO YOUR RECOLLECTION?
10 A. YES.
11 Q. OKAY. WAS THAT FOR SOME GALLBLADDER OPERATION?
12 A. IF YOU ARE REFERRING TO WHEN SHE WAS HOSPITALIZED AT
13 LAKEVIEW, YES, UH-HUH.
14 Q. WAS THAT IN JUNE OF 1995?
15 A. I CAN'T TELL YOU EXACTLY.
16 Q. OKAY. AFTER THAT HOSPITALIZATION, WAS YOUR MOTHER
17 PLACED IN THE SOUTH DAVIS CARE FACILITY?
18 A. YES, THE REHAB SECTION.
19 Q. AND THERE'S BEEN PREVIOUS TESTIMONY AS TO HER GENERAL
20 HEALTH, BUT BRIEFLY COULD YOU JUST TELL US WHAT YOUR
21 IMPRESSIONS WERE OF YOUR MOTHER'S HEALTH AFTER SHE WAS
22 PLACED IN THE SOUTH DAVIS CARE FACILITY?
23 A. WE DID A REHAB. MENTALLY -- ACTUALLY, PHYSICALLY SHE
24 DID VERY WELL AFTER THE SURGERY AND MENTALLY SHE SEEMED TO
25 HAVE MORE PROBLEMS.
680
1 Q. OKAY. DID SHE REMAIN IN THAT FACILITY UP THROUGH
2 NOVEMBER OF 1995?
3 A. YES, BUT SHE WAS MOVED DOWNSTAIRS TO THE LONG-TERM CARE.
4 Q. OKAY. ORIGINALLY SHE WAS IN THE NURSING AREA?
5 A. YES.
6 Q. AND IN NOVEMBER OF 1995, WAS THERE AN OCCURRENCE OF A
7 STROKE?
8 A. YES, WE WERE TOLD SO...
9 Q. AFTER SHE HAD SUSTAINED THIS STROKE, CAN YOU TELL US
10 AGAIN YOUR GENERAL IMPRESSIONS AS TO HER PHYSICAL AND MENTAL
11 HEALTH?
12 A. HER PHYSICAL HEALTH WASN'T AFFECTED FROM THE STROKE, BUT
13 HER MENTAL WAS.
14 Q. OKAY. IN RESPECT TO WHAT TYPES OF ACTIVITIES COULD SHE
15 DO AFTER THE STROKE, PHYSICAL ACTIVITIES?
16 A. SHE COULD STILL WALK AROUND AND SHE TRIED TO PLAY THE
17 PIANO, SHE TRIED TO READ.
18 Q. DID SHE HAVE SOME SPEECH IMPEDIMENT?
19 A. YES.
20 Q. DID YOUR -- DID YOUR MOTHER DEVELOP ANY BEHAVIORAL
21 PROBLEMS AT THAT TIME?
22 A. SHE BECAME FEISTIER AND MORE DIFFICULT TO HANDLE, YES.
23 Q. AND WAS SHE SUBSEQUENTLY REQUIRED TO BE TRANSFERRED FROM
24 THE SOUTH DAVIS CARE FACILITY?
25 A. YES.
681
1 Q. AND WHERE WAS SHE TRANSFERRED TO?
2 A. THE HOSPITAL, THE LAYTON -- THE DAVIS COUNTY OR DAVIS
3 HOSPITAL.
4 Q. OKAY. AND IN --
5 A. PSYCHIATRIC UNIT.
6 Q. THE PSYCHIATRIC UNIT?
7 A. (WITNESS SHAKES HEAD.)
8 Q. NOW I WANT -- DO YOU RECALL WHEN THAT TOOK PLACE?
9 A. I BELIEVE IT WAS DECEMBER 20TH, 1995.
10 Q. OKAY. DID YOU PARTICIPATE IN THAT TRANSFER ON THAT DAY?
11 A. YES, I DID.
12 Q. SO YOU WENT WITH YOUR MOTHER TO THE GEROPSYCH UNIT?
13 A. YES.
14 Q. OKAY. DO YOU RECALL APPROXIMATELY WHAT TIME OF DAY THAT
15 WAS?
16 A. I BELIEVE IT WAS IN THE AFTERNOON.
17 Q. OKAY. AND CAN YOU TELL US WHAT YOUR MOTHER'S MENTAL
18 STATE WAS AT THAT TIME, HOW SHE WAS ACTING?
19 A. SHE WAS VERY AGITATED, SHE DID NOT WANT TO GO ANYWHERE.
20 IT WAS NECESSARY TO TAKE TWO PEOPLE WITH ME TO HANDLE TO BE
21 SURE THAT SHE DIDN'T CAUSE ANY PROBLEMS.
22 Q. AND WHO WERE THOSE PEOPLE?
23 A. MY TWO NEPHEWS.
24 Q. SO THEY ACCOMPANIED YOU TO THE HOSPITAL?
25 A. YEAH.
682
1 Q. UPON ARRIVING AT THE HOSPITAL AT THE GEROPSYCH UNIT,
2 WHAT TRANSPIRED?
3 A. WELL, SHE WALKED IN AND FROM THERE I CAN'T REMEMBER.
4 Q. OKAY. DO YOU KNOW WHETHER THERE WAS ANY ASSESSMENTS
5 MADE BY ANY NURSES OR PHYSICIANS OR ANYBODY ELSE?
6 A. NO, I DON'T REMEMBER.
7 Q. DO YOU REMEMBER BEING -- YOUR MOTHER BEING PLACED IN A
8 ROOM IN THE GEROPSYCH UNIT?
9 A. I CAN'T EVEN REMEMBER THAT.
10 Q. OKAY. DO YOU REMEMBER APPROXIMATELY HOW MUCH TIME
11 TRANSPIRED BETWEEN THE TIME THAT YOU BROUGHT HER THERE AND
12 THE TIME THAT YOU LEFT?
13 A. NO.
14 Q. OKAY. HAD YOUR MOTHER'S CONDITION CHANGED, HER PHYSICAL
15 CONDITION CHANGED AT ALL DURING THAT TIME FRAME OR HER
16 MENTAL STATE?
17 A. WHILE SHE WAS IN THERE?
18 Q. WELL, ON THAT PARTICULAR DAY, JUST AT THAT TIME. YOU
19 SAID SHE WAS AGITATED BEFORE GOING, DID SHE REMAIN AGITATED?
20 A. OH, YES.
21 Q. SO SHE WAS NOT HAPPY ABOUT THE TRANSFER?
22 A. NO.
23 Q. NOW YOUR MOTHER PASSED AWAY ON JANUARY 8TH; IS THAT
24 CORRECT?
25 A. YES.
683
1 Q. SO SHE WAS IN THE HOSPITAL FROM THE 20TH TO THE -- OF
2 DECEMBER TO THE 8TH OF JANUARY?
3 A. THE 8TH, UH-HUH.
4 Q. DURING THAT TIME PERIOD, DID YOU VISIT YOUR MOTHER?
5 A. OFTEN, YES.
6 Q. HOW OFTEN?
7 A. I CAN'T EVEN TELL YOU HOW OFTEN BUT I WAS THERE A LOT
8 AND SPENT SOME TIME BECAUSE I WAS THE ONE IN THE FAMILY THAT
9 DIDN'T HAVE ANY OTHER RESPONSIBILITIES AND I COULD BE THERE
10 WITH HER.
11 Q. YOU SAY YOU WENT THERE ON A DAILY BASIS?
12 A. I DON'T KNOW IF IT WAS DAILY BUT OFTEN, UH-HUH.
13 Q. CAN YOU TELL OR DESCRIBE FOR THE JURY ANY CHANGE IN YOUR
14 MOTHER'S PHYSICAL CONDITION DURING THE TIME PERIOD, THE
15 INITIAL TIME PERIOD LET'S SAY GO UP TO JANUARY 1ST?
16 MR. STIRBA: YOUR HONOR, I'M GOING TO OBJECT. I
17 THINK THIS IS CUMULATIVE. I THINK THIS IS THE THIRD WITNESS
18 THAT IT HAS BEEN ASKED THAT VERY QUESTION.
19 MR. WILSON: YOUR HONOR, I THINK IT'S ALSO
20 CORROBORATIVE IN TERMS OF THEIR IMPRESSIONS AS TO WHAT HER
21 CONDITION WAS AND I THINK IT'S VERY IMPORTANT FOR THE JURY
22 TO HEAR THIS AND I HAVE --
23 THE COURT: WELL, JUST MOVE IT ALONG.
24 MR. WILSON: OKAY. THANK YOU, YOUR HONOR.
25 Q. (BY MR. WILSON) CAN YOU DESCRIBE FOR US -- WELL, LET'S
684
1 DO IT THIS WAY:
2 CAN YOU DESCRIBE FOR US ANY CHANGE THAT YOU OBSERVED IN
3 YOUR MOTHER'S PHYSICAL OR MENTAL STATE DURING THE TIME
4 PERIOD FROM JANUARY OR FROM DECEMBER 20TH UP UNTIL
5 JANUARY 7TH?
6 A. YES.
7 Q. OKAY. TELL US WHAT THAT CHANGE WAS.
8 A. WITHIN THREE OR FOUR DAYS SHE BECAME WEAKER, MORE
9 LETHARGIC AND LESS AWARE BUT STILL AGITATED AND DETERMINED
10 TO GET OUT.
11 Q. DID YOU EVER HAVE OCCASION TO INQUIRE AS TO WHAT
12 MEDICATION SHE WAS RECEIVING?
13 A. YES, I ASKED THE NURSES WHAT SHE WAS ON TO MAKE THIS
14 CHANGE AND THEY SAID YOU WOULD HAVE TO ASK THE DOCTOR.
15 Q. OKAY. DID YOU MAKE INQUIRY OF THE DOCTOR?
16 A. YES.
17 Q. WAS THAT DR. WEITZEL YOU MADE INQUIRY OF?
18 A. YES.
19 Q. WERE YOU ABLE TO TALK WITH HIM ABOUT THAT?
20 A. HE JUST ASSURED ME THAT THEY WERE MAKING HER -- THEY
21 WERE GETTING HER INTO A POSITION WHERE WE COULD TAKE HER
22 BACK HOME OR TO THE NURSING HOME. AND, NO, HE WOULD NOT
23 GIVE ME THE NAMES OF THE MEDICINES.
24 Q. SO HE DID NOT PROVIDE YOU THE NAMES OF THE MEDICATIONS?
25 HE JUST INDICATED THAT THEY WERE MAKING HER BETTER SO THAT
685
1 YOU COULD GET HER BACK HOME?
2 A. (WITNESS NODS HEAD.)
3 THE COURT: YOU HAVE TO ANSWER OUT LOUD.
4 THE WITNESS: YES.
5 Q. (BY MR. WILSON) DID YOU CONTINUE TO SEE ANY KIND OF
6 DETERIORATION IN YOUR MOTHER'S PHYSICAL CONDITION?
7 A. ALL THE TIME, YES. SHE GOT WEAKER AND WEAKER AND LESS
8 ABLE TO COMMUNICATE AND SO FORTH.
9 Q. OKAY. DID THAT EVENTUALLY END UP IN A -- WELL, TELL US
10 WHAT IT ENDED UP IN. WHAT WAS -- WHAT WAS THE CONDITION
11 THAT SHE WAS IN JUST PRIOR TO JANUARY 7TH OF 1996?
12 A. SHE BECAME QUITE BEDRIDDEN AND NOT AWARE OF HER
13 SURROUNDINGS AND SO FORTH.
14 Q. DO YOU HAVE ANY DISTINCT RECOLLECTION OF GOING TO THE
15 HOSPITAL ON JANUARY 7TH OF 1996?
16 A. JUST A VAGUE NOT SOMETHING -- YEAH. WE WERE TOLD TO
17 COME, THE DOCTOR WANTED TO TALK TO ALL MEMBERS OF THE
18 FAMILY.
19 Q. HAD YOU SPOKEN WITH THE DOCTOR PREVIOUS TO THIS TIME?
20 A. I -- YES, BUT I COULDN'T REALLY QUOTE WHAT HE HAD TO
21 SAY.
22 Q. WAS THAT THE CONVERSATION YOU RELATED ABOUT THE
23 MEDICATION?
24 A. NO, I FEEL THAT I SAW HIM ANOTHER TIME.
25 Q. PRIOR TO GOING TO THIS MEETING ON JANUARY THE 7TH, WERE
686
1 YOU ADVISED BY ANYONE AS TO THE CONDITION YOUR MOTHER WAS
2 IN?
3 A. (WITNESS SHAKES HEAD.)
4 Q. YOU WERE TOLD THAT THERE WAS A MEETING --
5 THE COURT: WHAT WAS YOUR ANSWER?
6 THE WITNESS: WHICH ONE?
7 (WHEREUPON THE LAST QUESTION WAS READ TO THE WITNESS.)
8 THE WITNESS: NO.
9 THE COURT: IF YOU COULD, JUST KEEP YOUR VOICE UP,
10 PLEASE. THANKS.
11 Q. (BY MR. WILSON) DO YOU RECALL THE MEETING?
12 A. NO.
13 Q. SO YOU DON'T HAVE ANY DISTINCT RECOLLECTION OF THE
14 MEETING ITSELF?
15 A. HUH-UH.
16 Q. DO YOU RECALL WHEN IT WAS YOU WERE FIRST AWARE THAT YOUR
17 MOTHER WAS DYING?
18 A. WELL, I WAS TOLD ABOUT THE MEETING...I MUST REMEMBER,
19 BUT I JUST DON'T REMEMBER, LET'S PUT IT THAT WAY. BUT WE
20 WERE TRYING TO TAKE CARE OF HER AND I DID NOT GO IN UNTIL
21 THE NEXT DAY.
22 Q. OKAY. DO YOU RECALL ANYTHING ABOUT YOUR MOTHER'S
23 CONDITION ON JANUARY THE 7TH AS TO HOW SHE WAS ACTING?
24 A. SHE WAS JUST IN BED WITH NO CONSCIOUS EFFORTS OR...
25 Q. COULD YOU COMMUNICATE WITH HER?
687
1 A. NO.
2 Q. THE FOLLOWING MORNING YOU SAY YOU RETURNED TO THE
3 HOSPITAL.
4 A. (WITNESS SHAKES HEAD.)
5 Q. APPROXIMATELY WHAT TIME, BONNIE, DID YOU RETURN?
6 A. AROUND NOON.
7 Q. AND WAS THERE ANYBODY PRESENT IN YOUR MOTHER'S ROOM?
8 A. NO, BECAUSE MY SISTER-IN-LAW HAD JUST LEFT AND I WAS
9 RELIEVING HER.
10 Q. OKAY. WERE ANY -- DID ANY NURSES COME INTO THE ROOM
11 AFTER YOU ARRIVED AT THE HOSPITAL?
12 A. YES.
13 Q. AND CAN YOU REMEMBER WHETHER OR NOT THERE WAS ANY
14 MEDICATIONS ADMINISTERED AT THAT TIME?
15 A. NOT UNTIL AFTER THE DOCTOR ORDERED THEM, BUT THERE WAS
16 THEN.
17 Q. OKAY. DID YOU SEE THE DOCTOR ON THAT DATE?
18 A. YES.
19 Q. SO YOU SAY YOU ARRIVED THERE APPROXIMATELY WHAT TIME?
20 A. AROUND NOON.
21 Q. AND WHEN WAS IT YOU SEEN THE DOCTOR?
22 A. WELL, REAL SHORTLY AFTER THAT.
23 Q. CAN YOU DESCRIBE -- I ASSUME YOU ARE IN YOUR MOTHER'S
24 ROOM. CAN YOU DESCRIBE WHAT KIND OF CONDITION SHE WAS IN AT
25 THAT POINT?
688
1 A. THERE WAS NO LIFE EXCEPT THE HEAVY ERRATIC BREATHING AND
2 NO MOVEMENT, NO NOTHING.
3 Q. WHEN YOU SAY HEAVY ERRATIC BREATHING, CAN YOU DESCRIBE
4 THAT BREATHING FOR US? I REALIZE YOU ALREADY PROBABLY DID,
5 BUT CAN YOU BE MORE PRECISE?
6 A. WELL, IT WAS KIND OF SHOCKING. SHE WAS JUST WHAT I
7 WOULD -- NO, I CAN'T.
8 Q. SO DID SHE -- WELL, STRIKE THAT.
9 HOW LONG WAS IT AFTER YOU WERE THERE THAT DR. WEITZEL
10 CAME IN?
11 A. PROBABLY FIVE TO TEN MINUTES AT THE MOST.
12 Q. OKAY. AT THAT TIME YOU HAD A CONVERSATION WITH HIM?
13 A. YES.
14 Q. AND DO YOU REMEMBER THE CONTEXT OF THE CONVERSATION?
15 A. YES.
16 Q. WHAT DID DR. WEITZEL SAY TO YOU, IF ANYTHING, AT THAT
17 TIME?
18 A. THAT SHE WAS DYING, THAT HE WAS GIVING HER SOME MORPHINE
19 AND I ASKED HIM WHY AS THERE WAS NO LIFE, NO NOTHING AND HE
20 SAYS, WELL, WE'LL JUST MAKE HER MORE COMFORTABLE. AND I --
21 I DID ARGUE THE FACT THAT THERE WAS NO NEED TO GIVE HER ANY
22 BECAUSE THERE WAS NO LIFE OR ANY SIGNS OF ANYTHING.
23 Q. DID HE LEAVE?
24 A. WELL, AFTER I ARGUED WITH HIM. HE TOLD ME HE HAD TO
25 LEAVE AND GET OVER TO PIONEER HOSPITAL AND HE DID LEAVE.
689
1 Q. SO HOW LONG DID THAT CONVERSATION LAST?
2 A. FIVE MINUTES OR SO I GUESS.
3 Q. DO YOU RECALL HIM DOING ANYTHING WITH YOUR MOTHER AT
4 THAT TIME?
5 A. NO. I MEAN, HE DID NOTHING.
6 Q. HE DIDN'T --
7 A. HE DIDN'T GO NEAR HER OR ANYTHING.
8 Q. OKAY. ALL RIGHT. AFTER HE HAD LEFT, DID ANYBODY ELSE
9 ENTER THE ROOM?
10 A. SHORTLY AFTER THAT A NURSE CAME IN WITH A SYRINGE AND I
11 ASKED HER --
12 Q. DID YOU HAVE A CONVERSATION WITH HER?
13 A. YES. I TOLD HER THAT I HAD REFUSED SOME MEDICINE AND
14 SHE -- I ASKED HER IF THAT WAS MORPHINE AND SHE SAID, YES,
15 IT'S BEEN ORDERED BY THE DOCTOR AND FLIPPED MOTHER OVER
16 BEFORE I COULD GET OVER TO THE OTHER SIDE OF THE BED AND
17 GAVE HER THE SHOT.
18 Q. WHEN DID YOUR MOTHER PASS AWAY?
19 A. APPROXIMATELY QUARTER TO ONE WHICH WOULD HAVE BEEN ABOUT
20 50 -- I MEAN, 45 MINUTES OR SOMETHING LIKE THAT.
21 Q. AFTER THE LAST SHOT OF MEDICINE?
22 A. YES, YES.
23 MR. WILSON: I HAVE NO FURTHER QUESTIONS, YOUR
24 HONOR.
25 THE COURT: MR. STIRBA?
690
1 MR. STIRBA: YES. THANK YOU, YOUR HONOR.
2 CROSS-EXAMINATION
3 BY MR. STIRBA:
4 Q. MS. SMITH, DO I UNDERSTAND IT CORRECTLY THAT YOU DID
5 TAKE YOUR MOM TO THE DAVIS HOSPITAL WHEN SHE INITIALLY WAS
6 TRANSFERRED THERE?
7 A. YES.
8 Q. AND YOU WERE WITH HER WHEN SHE WAS ADMITTED TO THE
9 HOSPITAL?
10 A. TO THE GERO UNIT?
11 Q. YES.
12 A. YES.
13 Q. DO YOU HAVE -- LET'S CHECK AND SEE IF YOU HAVE AN
14 EXHIBIT IN FRONT OF YOU. YEAH, IT'S THIS EXHIBIT HERE. I'M
15 GOING TO REFER YOU TO SOME THINGS IN HERE. IS THIS
16 SOMETHING THAT YOU CAN SEE ALL RIGHT IF I REFER --
17 A. YES.
18 Q. OKAY. I WANT YOU TO TURN, PLEASE, TO THERE'S A TAB THAT
19 SAYS NURSES' NOTES. IT'S SORT OF IN THE MIDDLE THERE. AND
20 YOU SEE -- ARE YOU AT THE SECTION WHERE I'VE INDICATED?
21 A. YES.
22 Q. AND THE FIRST PAGE IS -- AND DOWN AT THE BOTTOM, THE
23 VERY BOTTOM YOU'LL SEE LIKE A MED NUMBER, IT SAYS MED 00746,
24 DO YOU SEE THAT? IT'S WAY DOWN ON THE BOTTOM OF THE PAGE.
25 MR. STIRBA: IF I MAY ASSIST, YOUR HONOR?
691
1 THE COURT: YES.
2 MR. STIRBA: I HAD THIS PROBLEM BEFORE, IT'S RIGHT
3 THERE, IT'S WAY DOWN AT THE BOTTOM. THANKS.
4 THE WITNESS: SORRY.
5 Q. (BY MR. STIRBA) AND AT THE TOP OF THAT DOCUMENT TO THE
6 LEFT IT SAYS NURSING ADMISSION ASSESSMENT GEROPSYCHIATRIC
7 UNIT, CORRECT?
8 A. YES.
9 Q. NOW IT ALSO SAYS ON THAT PARTICULAR DOCUMENT TOWARDS THE
10 MIDDLE IT SAYS, ACCOMPANIED TO UNIT BY SON SLASH DAUGHTER,
11 DO YOU SEE THAT?
12 A. UH-HUH.
13 Q. AND THE SON WOULD BE KENT; IS THAT RIGHT?
14 A. YES.
15 Q. AND YOU WOULD BE THE DAUGHTER?
16 A. UH-HUH, YES.
17 Q. AND DO YOU RECALL THERE WAS A PROCESS ON THE ADMISSION
18 WHERE A NURSE GOT SOME INFORMATION AND FILLED OUT A FORM
19 SORT OF LIKE THIS, A NURSING ASSESSMENT FORM, DO YOU
20 REMEMBER THAT?
21 A. NO.
22 Q. YOU DON'T REMEMBER THAT. DO YOU REMEMBER AT ANY TIME
23 THERE WERE ANY QUESTIONS WHEN YOUR MOM WAS ADMITTED
24 GENERALLY ABOUT HER CONDITION, HER MEDICAL SITUATION OR
25 ANYTHING LIKE THAT?
692
1 A. NO.
2 Q. NO RECOLLECTION? NOW, I'M GOING TO ASK YOU IF YOU COULD
3 FLIP TO AND LOOK DOWN AT THE BOTTOM, ONCE AGAIN TO THOSE MED
4 NUMBERS AND IF YOU GO TO MED-00755, WHICH IS STILL PART OF
5 THE NURSING ASSESSMENT DOCUMENT AND THE NUMBER AGAIN IS
6 MED-00755.
7 A. OKAY.
8 Q. ARE YOU WITH ME?
9 A. YES.
10 Q. NOW, THAT PARTICULAR PAGE AT THE TOP IT SAYS, ROLE
11 RELATIONSHIP PATTERN, DOES IT NOT?
12 A. YES.
13 Q. AND THEN IT ASKS A QUESTION, FOR EXAMPLE, WITH WHOM DO
14 YOU LIVE AND IT SAYS NURSING HOME, DO YOU SEE THAT?
15 A. YES.
16 Q. AND THEN IT HAS, WILL THIS ARRANGEMENT CHANGE AFTER
17 DISCHARGE AND THEN SOMEBODY WROTE IN NURSING HOME, DO YOU
18 SEE THAT?
19 A. YES.
20 Q. AND THEN THE NEXT PORTION IT HAS, FAMILY STATES, QUOTE,
21 WE'RE GETTING TIRED OF ALL THIS BUT WE TRY OUR BEST,
22 UNQUOTE, DID I READ THAT CORRECTLY?
23 A. YES.
24 Q. DO YOU REMEMBER MAKING -- EITHER YOU OR KENT MAKING SUCH
25 A STATEMENT AT THE TIME OF YOUR MOM'S ADMISSION?
693
1 A. NO, BUT KENT WAS NOT THERE.
2 Q. DO YOU REMEMBER MAKING SUCH A STATEMENT?
3 A. NO.
4 Q. AND THEN IF YOU WOULD FLIP TO PAGES TO MED-00757, IT'S
5 THE SAME, SAME DOCUMENT, DO YOU SEE THAT MED-00 --
6 A. YES.
7 Q. AND I JUST POINT OUT THAT THE DOCUMENT HAS SOME WRITING
8 ON IT WHICH IS NOT PARTICULARLY PERTINENT AND THEN AT THE
9 BOTTOM YOU SEE IT SAYS R.N. SIGNATURE, DO YOU SEE THAT?
10 A. YES.
11 Q. AND IT APPEARS TO BE B. HARDEY, R.N.?
12 A. YES.
13 Q. DO YOU KNOW WHO B. HARDEY, R.N. IS?
14 A. NO.
15 Q. DO YOU KNOW IF B. HARDEY, R.N. WAS THE NURSE WHO YOU
16 TESTIFIED GAVE AN INJECTION TO YOUR MOM ON THE 8TH OF
17 JANUARY A LITTLE BIT AFTER NOON?
18 A. NO.
19 Q. DO YOU KNOW WHO THE NURSE WAS THAT GAVE THAT INJECTION?
20 A. NO.
21 Q. IT'S TRUE, IS IT NOT, THAT DURING THE TIME THAT YOUR MOM
22 WAS THERE THE CONCERN, OF COURSE, OF THE FAMILY WAS TRYING
23 TO GET HER BEHAVIOR UNDER CONTROL?
24 A. YES.
25 Q. IN OTHER WORDS, IT'S TRUE THAT SHE WAS AGGRESSIVE AND
694
1 COMBATIVE?
2 A. YES.
3 Q. AND THAT WAS THE REASON WHY SHE LEFT THE NURSING HOME
4 AND WAS IN THE CARE OF THE DAVIS HOSPITAL; IS THAT RIGHT?
5 A. YES.
6 Q. AND ISN'T IT TRUE THAT DURING THE PERIOD THAT SHE WAS
7 THERE AT APPROXIMATELY, OH, AFTER A WEEK OR TEN DAYS THAT
8 SHE WAS THERE, THAT THERE WAS A CONCERN EXPRESSED BY THE
9 FAMILY THAT HER AGGRESSION WAS NOT, IN FACT, BEING
10 CONTROLLED?
11 A. WELL, I MADE THAT COMMENT AFTER THREE OR FOUR DAYS, YES.
12 Q. YEAH, IN OTHER WORDS, THERE WAS A SOCIAL WORKER CONTACT,
13 WAS THERE NOT? DO YOU REMEMBER TALKING TO SOME SOCIAL
14 WORKERS?
15 A. NO.
16 Q. LET ME DIRECT YOUR ATTENTION ONCE AGAIN IN THAT BINDER.
17 THERE'S ANOTHER SECTION THAT DEALS WITH PROGRESS NOTES, IT'S
18 SORT OF IN THE BEGINNING, IF YOU'LL FLIP TO THAT, PLEASE.
19 A. TO GO BACK OR THE BACK ON THIS SAME SECTION?
20 Q. I THINK GO BACK TOWARDS THE BEGINNING.
21 MR. STIRBA: AND PERHAPS IF I MAY ASSIST, YOUR
22 HONOR?
23 THE COURT: YES.
24 MR. STIRBA: LET ME HELP YOU, MA'AM. GO BACK IN
25 THIS DIRECTION. THERE WE GO. THERE'S THE PROGRESS NOTES,
695
1 I'LL DIRECT YOU TO THE MED-NUMBER.
2 Q. (BY MR. STIRBA) IF YOU WOULD GO TO MED-NUMBER DOWN AT
3 THE BOTTOM IT'S GOING TO BE 00715.
4 A. YES.
5 Q. ARE YOU WITH ME?
6 A. YES.
7 Q. NOW, THERE IS IN THE MIDDLE OF THAT PAGE WHAT IS CALLED
8 A SOCIAL WORK NOTE, DO YOU SEE THAT?
9 A. YES.
10 Q. AND IT SAYS, SPOKE, AND THAT STANDS FOR, WITH PATIENT'S
11 SON AND DAUGHTER WHO AND IT LOOKS LIKE IS FROM A.Z., THAT
12 WOULD BE ARIZONA, IS THAT YOU, MA'AM?
13 A. NO.
14 Q. WHO WOULD BE THE SON AND DAUGHTER WHO WERE IN FROM
15 ARIZONA?
16 A. WELL, IF THEY PUT DOWN SON, THAT COULD HAVE BEEN MY
17 BROTHER KENT OR THAT COULD HAVE BEEN HER HUSBAND.
18 Q. OKAY. ARE THEY FROM ARIZONA?
19 A. WELL, THEY WERE.
20 Q. AT LEAST AT THE TIME THEY WERE?
21 A. UH-HUH.
22 Q. I SEE. AND IT SAYS THAT, DISCUSSED PATIENT'S PROGRESS,
23 FAMILY VERBALIZED CONCERN REGARDING DISCHARGE PLANS. THEY
24 EMPHASIZED IMPORTANCE OF, AND THERE'S AN ARROW POINTED DOWN,
25 WHICH STANDS FOR DECREASE, IN PATIENT'S AGGRESSIVE BEHAVIOR
696
1 IF SHE IS TO BE ADMITTED TO ROCKY MOUNTAIN BOUNTIFUL. AND I
2 CAN'T QUITE READ WHAT THAT SAYS AND THEN THERE'S, D/C
3 PROVIDED SUPPORTIVE COUNSELING. FAMILY CONFERENCE TO BE
4 ARRANGED FOR NEXT WEEK TO DISCUSS, I GUESS D/C FOR
5 DISCHARGE, PLANS AND DETAIL AND THEN THERE'S A SIGNATURE IT
6 APPEARS TO BE KAY STEGLICH, C.S.W., DID I READ THAT
7 ACCURATELY?
8 A. YES.
9 Q. AND WAS THAT SOMETHING THAT YOU'VE SEEN THAT WAS A
10 CONCERN THAT THE FAMILY HAD AT TIMES DURING HER STAY THAT
11 THE AGGRESSION WAS NOT BEING CONTROLLED?
12 A. YES.
13 Q. AND YOU UNDERSTOOD THAT IF THE AGGRESSION WAS NOT
14 CONTROLLED, THEN PERHAPS YOUR MOM'S DISCHARGE TO A NURSING
15 HOME WOULD NOT BE A VIABLE OPTION?
16 A. YES.
17 Q. NOW, YOU TESTIFIED ABOUT THE EVENTS OF THE 8TH. AND IF
18 I UNDERSTAND IT, YOU WERE PRESENT WITH YOUR MOM ON THE 8TH
19 WHICH IS THE DAY SHE PASSED AWAY?
20 A. YES.
21 Q. DO YOU REMEMBER THAT? AND YOU WERE IN HER ROOM; IS THAT
22 RIGHT?
23 A. YES.
24 Q. AND WHAT TIME DID YOU ARRIVE SUCH THAT YOU WERE IN HER
25 ROOM THAT DAY?
697
1 A. APPROXIMATELY AT NOON.
2 Q. AT NOON. AND YOU TESTIFIED ABOUT A NURSE COMING IN
3 AFTER YOUR CONVERSATION WITH DR. WEITZEL, TRUE?
4 A. YES.
5 Q. AND DO YOU KNOW THE NURSE WHO CAME IN BY NAME?
6 A. NO.
7 Q. CAN YOU DESCRIBE HER FOR US?
8 A. NOT REALLY.
9 Q. OKAY.
10 A. NO.
11 Q. AND SHE CAME IN AND THEN YOUR TESTIMONY IS SHE GAVE AN
12 INJECTION WHICH YOU UNDERSTAND TO BE MORPHINE; IS THAT
13 RIGHT?
14 A. YES.
15 Q. AND WHEN SHE GAVE THIS INJECTION -- STRIKE THAT.
16 AT THE TIME THAT THIS OCCURRED, WAS THERE ANYONE ELSE
17 IN THE ROOM OTHER THAN YOURSELF AND THE NURSE AND YOUR MOM?
18 A. NO.
19 Q. WHAT DID YOU SAY TO THE NURSE?
20 A. WHEN I SAW THE SYRINGE, I SAID WHAT ARE YOU DOING?
21 SOMEWHAT IS A -- MY MEMORY IT'S A LITTLE VAGUE AFTER THIS
22 MANY YEARS. AND SHE SAYS -- I SAYS, I ORDERED THAT SHE NOT
23 BE GIVEN THIS SHOT. AND SHE SAYS, WELL, THE SHOT HAS BEEN
24 ORDERED AND SHE TURNED MOTHER OVER AND GAVE IT TO HER.
25 Q. DID YOU SAY ANYTHING ELSE TO HER?
698
1 A. BY THEN SHE HAD GIVEN IT TO HER, NO.
2 Q. DID YOU SAY ANYTHING ELSE TO HER?
3 A. NO.
4 Q. DID SHE SAY ANYTHING ELSE TO YOU OTHER THAN WHAT YOU
5 JUST TOLD US?
6 A. NO.
7 Q. NOW AFTER THIS OCCURRED, I ASSUME YOU WERE EVIDENCING
8 YOUR CONCERN AND YOUR DESIRE THAT THE SHOT NOT BE GIVEN,
9 TRUE?
10 A. RIGHT.
11 Q. AND YET HERE IS A NURSE FROM THE DAVIS HOSPITAL GIVING A
12 SHOT OVER APPARENTLY YOUR OBJECTION; IS THAT RIGHT?
13 A. YES.
14 Q. DID YOU THEN AFTER THIS EVENT OCCURRED, AND I REALIZE IT
15 WAS TRAUMATIC AND DIFFICULT, DID YOU EVER GO BACK AND
16 COMPLAIN TO THE HOSPITAL ABOUT THIS NURSE AND HER CONDUCT?
17 A. NO.
18 Q. DID YOU EVER SEEK TO HAVE THIS NURSE DISCIPLINED THROUGH
19 THE HOSPITAL PROCEDURES?
20 A. NO.
21 MR. STIRBA: THANK YOU. THAT'S ALL.
22 THE COURT: ANYTHING FURTHER OF THIS WITNESS?
23 MR. WILSON: NOTHING FURTHER, YOUR HONOR. MAY THIS
24 WITNESS ALSO BE EXCUSED?
25 THE COURT: DO YOU HAVE ANY OBJECTION TO THIS
699
1 WITNESS BEING EXCUSED?
2 MR. STIRBA: I DON'T, YOUR HONOR.