Karen Bringhurst
21 KAREN BRINGHURST,
22 CALLED BY THE PLAINTIFF, HAVING BEEN DULY
23 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
24 DIRECT EXAMINATION
25 BY MR. WILSON:
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1 Q. KAREN, WOULD YOU STATE YOUR FULL NAME FOR THE RECORD,
2 PLEASE?
3 A. KAREN M. BRINGHURST.
4 Q. AND WHERE DO YOU CURRENTLY RESIDE?
5 A. SALT LAKE CITY.
6 Q. HOW ARE YOU ARE RELATED TO MARY CRANE?
7 A. DAUGHTER.
8 Q. AND I SHOW YOU WHAT'S BEEN PREVIOUSLY IDENTIFIED AS
9 STATE'S EXHIBIT 8 AND ASK YOU IF YOU CAN IDENTIFY THAT
10 PHOTOGRAPH, IF YOU WOULD, PLEASE?
11 A. THAT'S MY MOTHER.
12 Q. OKAY. DOES THAT PHOTOGRAPH ACCURATELY DEPICT YOUR
13 MOTHER JUST PRIOR TO THE TIME THAT SHE PASSED AWAY?
14 A. YES.
15 Q. OKAY. DO YOU KNOW WHEN THE PHOTOGRAPH WAS TAKEN?
16 A. I BELIEVE IT WAS CHRISTMAS OF '95.
17 Q. PARDON?
18 A. I BELIEVE IT WAS CHRISTMAS OF 1995.
19 Q. OKAY. KAREN, JUST PRIOR TO CHRISTMAS 1995, WHERE WAS
20 YOUR MOTHER RESIDING?
21 A. SANDY REGIONAL CARE FACILITY.
22 Q. HOW LONG HAD SHE BEEN RESIDING IN SANDY REGIONAL CARE
23 FACILITY?
24 A. ABOUT FIVE YEARS.
25 Q. WAS THERE AN EVENT THAT PRECIPITATED HER BEING PLACED IN
527
1 SANDY REGIONAL CARE FACILITY?
2 A. SHE HAD HAD A STROKE IN 1990 AND WAS UNABLE TO LIVE BY
3 HERSELF.
4 Q. OKAY. AND DID SHE -- AS A RESULT OF THE STROKE, DID SHE
5 SUFFER FROM ANY DISABILITIES?
6 A. SHE HAD WEAKNESS, NEEDED A WHEELCHAIR TO GET AROUND.
7 Q. WEAKNESS. ANY PARTICULAR PART OF THE BODY?
8 A. ON HER LEFT SIDE, MOSTLY HER LEFT LEG AND LEFT ARM.
9 Q. LEFT LEG, LEFT ARM?
10 A. YES.
11 Q. I NEGLECTED TO ASK YOU A COUPLE OF QUESTIONS. KAREN,
12 WHAT IS YOUR OCCUPATION?
13 A. I'M A REGISTERED NURSE.
14 Q. AND HOW LONG HAVE YOU BEEN IN THE NURSING FIELD?
15 A. TWENTY YEARS.
16 Q. OKAY. HAVE YOU BEEN -- WELL, CAN YOU TELL US WHAT
17 PARTICULAR NURSING AREA DO YOU PRACTICE IN AT THE PRESENT
18 TIME?
19 A. THE OPERATING ROOM.
20 Q. OKAY. CAN YOU TELL US IF YOU PRACTICED IN OTHER AREAS
21 OF THE NURSING FIELD?
22 A. THREE MONTHS WHEN I FIRST GOT OUT OF SCHOOL I WORKED IN
23 THE MED-SURG UNIT.
24 Q. ON THE MEDICAL SURGICAL UNIT?
25 A. FOR THREE MONTHS.
528
1 Q. AND THEN YOU'VE BEEN IN THE OPERATING ROOM SINCE THAT
2 TIME?
3 A. YES, THAT'S RIGHT.
4 Q. WHAT ARE YOUR PARTICULAR DUTIES ENTAIL IN THE OPERATING
5 ROOM.
6 A. MY TIME WAS THE CARDIOVASCULAR SERVICE SPECIALIST. I'M
7 OVER THE PEOPLE THAT WORK WITH THE HEART SURGEONS,
8 COORDINATE TEACHING AND TRAINING FOR HEART SURGERY SUPPLIES.
9 Q. AND WHERE IS THAT AT?
10 A. ST. MARKS HOSPITAL.
11 Q. SO DO I TAKE IT THAT YOU'VE NOT HAD ANY EXPERIENCE IN
12 PSYCHIATRIC CARE?
13 A. THAT'S CORRECT.
14 Q. NURSING CARE OR IN OTHER SPECIALIZED AREAS OF NURSING;
15 IS THAT CORRECT?
16 A. THAT'S CORRECT.
17 Q. OKAY. YOU INDICATE THAT YOUR MOTHER WENT INTO THE SANDY
18 REGIONAL CENTER ABOUT FIVE YEARS BEFORE HER DEATH?
19 A. YES. IT WAS JANUARY OF 1991.
20 Q. OKAY. AND CAN YOU TELL US A LITTLE BIT ABOUT THE CARE
21 FACILITY. IS THIS A -- DO THEY HAVE FULL MEDICAL SERVICES
22 AVAILABLE AT THAT FACILITY?
23 A. THERE'S ONE WING THAT THEY SEEM TO GIVE -- THEY CALLED
24 IT THE MEDICARE WING THAT THEY GAVE MORE NURSING CARE. THE
25 REST OF THE FACILITY WAS MORE OF AN EXTENDED CARE FACILITY,
529
1 LONG-TERM CARE. AND THERE WAS A UNIT THAT THEY CALLED THE
2 SPECIAL NEEDS UNIT FOR PATIENTS WITH BEHAVIOR PROBLEMS.
3 Q. WHERE WAS YOUR MOTHER HOUSED?
4 A. INITIALLY SHE WAS JUST IN -- INITIALLY SHE WAS IN THE
5 MEDICARE UNIT WHEN SHE FIRST GOT THERE, REALLY FOR A WEEK OR
6 TWO OR POSSIBLY THREE. I DON'T RECALL FOR SURE HOW LONG.
7 AND THEN SHE WAS IN THE LONG-TERM CARE AREA. SHE HAD
8 DIFFICULT BEHAVIOR THAT THE NURSES HAD TROUBLE DEALING WITH.
9 AND ABOUT TWO YEARS BEFORE I HAD TO MOVE HER BEFORE SHE DIED
10 THEY SUGGESTED THAT WE MOVE HER INTO THE SPECIAL NEEDS UNIT
11 BECAUSE HER BEHAVIOR WAS DIFFICULT AND THEY FELT THE PEOPLE
12 BACK THERE COULD BETTER DEAL WITH THAT BEHAVIOR.
13 Q. I THINK YOU CHARACTERIZED IT SOME PROBLEMS IN HER
14 BEHAVIOR. CAN YOU TELL US SPECIFICALLY WHAT TYPE OF
15 BEHAVIORS THAT SHE WAS ENGAGING IN THAT WAS CAUSING
16 PROBLEMS?
17 A. SHE WAS LOUD. AND SHE HOLLERED AND CALLED OUT FOR
18 ATTENTION. SHE HAD A PROBLEM WHERE SHE WAS ON FLUID
19 RESTRICTION AND SHE FREQUENTLY WANTED FLUIDS TO DRINK AND
20 WOULD TRY TO DRINK ANYTHING SHE COULD GET A HOLD OF FROM
21 ANYBODY ELSE'S TRAY.
22 Q. DO YOU KNOW WHY SHE WAS ON FLUID RESTRICTION?
23 A. SHE HAD HAD A CHRONICALLY LOW SODIUM IN HER BLOOD.
24 Q. OKAY. SO SHE WAS MOVED FROM THE LONG-TERM CARE UNIT
25 INTO WHAT DO YOU CALL IT? SPECIAL NEEDS?
530
1 A. SPECIAL NEEDS UNIT IS WHAT THEY CALLED IT.
2 Q. WOULD THIS BE THE SAME AS AN ALZHEIMERS UNIT?
3 A. YES. THERE WERE PATIENTS WITH ALZHEIMERS DISEASE IN IT.
4 Q. WAS SHE HOUSED IN ANY KIND OF A DIFFERENT TYPE OF ROOM.
5 I MEAN, DID SHE HAVE OTHER PATIENTS WITH HER?
6 A. YES, SHE DID. IT WAS TWO PATIENTS PER ROOM.
7 Q. TWO PATIENTS PER ROOM?
8 A. YES.
9 Q. AS I UNDERSTAND IT, YOU PRIMARILY WERE HER GUARDIAN
10 DURING THIS PROCESS; IS THAT CORRECT?
11 A. YES. I LIVED CLOSEST TO MOM.
12 Q. OKAY. SO HOW OFTEN WOULD YOU SEE YOUR MOM OVER THIS
13 TIME PERIOD?
14 A. WHILE SHE WAS IN THE SANDY REGIONAL?
15 Q. UH-HUH.
16 A. USUALLY AT LEAST TWO OR THREE TIMES A WEEK.
17 Q. FROM THE TIME THAT SHE FIRST CAME ONTO THE UNIT AFTER
18 SHE HAD SUFFERED HER STROKE UP THROUGH THE YEARS THAT SHE
19 REMAINED AT SANDY REGIONAL, CAN YOU TELL THE JURY WHETHER OR
20 NOT YOU'D SEEN ANY DETERIORATION IN HER PHYSICAL CONDITION?
21 A. NOT PARTICULARLY. I THINK SOMETIMES SHE NEEDED MORE
22 ENCOURAGEMENT TO HELP ME WITH TRANSFERRING HER FROM THE
23 WHEELCHAIR OR THE BED.
24 Q. SO AS TO HER PHYSICAL ABILITIES, YOU DON'T RECALL ANY
25 KIND OF DETERIORATION?
531
1 A. NO. I FEEL LIKE SHE PRETTY MUCH STAYED ABOUT THE SAME.
2 WITH THE LIMITATIONS FROM THE STROKE? IS THAT WHAT YOU
3 MEAN?
4 Q. YES.
5 A. YES.
6 Q. WELL, THAT'S PART OF WHAT I MEAN. DID SHE SUFFER ANY
7 OTHER KINDS OF ACUTE EVENTS?
8 A. YES. YES. SHE HAD FREQUENT URINARY TRACT INFECTIONS.
9 Q. MAYBE FOR THE JURY'S PURPOSES HAVE YOU DEFINE WHAT WE
10 MEAN BY ACUTE. WHAT DOES THAT MEAN?
11 A. SOMETHING THAT COMES ON SUDDEN THAT'S NOT BEEN ONGOING
12 FOR A LONG PERIOD OF TIME.
13 Q. SO SHE WOULD HAVE THESE FREQUENT URINARY TRACT
14 INFECTIONS?
15 A. YES.
16 Q. AND HOW WOULD THEY BE TREATED?
17 A. ANTIBIOTIC THERAPY.
18 Q. SO SHE WOULD AT THAT TIME HAVE ANTIBIOTICS THAT WOULD
19 RESOLVE THE PROBLEM OF THE URINARY TRACT INFECTION?
20 A. YES.
21 Q. BY FREQUENT, WHAT DO YOU MEAN? CAN YOU DESCRIBE THAT?
22 A. I'M JUST GUESSING MAYBE EVERY THREE TO FOUR MONTHS.
23 Q. OKAY.
24 A. SHE HAD A PROBLEM WITH DIARRHEA AND WOULD FREQUENTLY GET
25 THE INFECTION FROM THE EPISODES OF DIARRHEA AND
532
1 CONTAMINATION.
2 Q. HAD SHE HAD ANY SURGICAL PROCEDURES PERFORMED ON HER IN
3 THE PAST?
4 A. YES. PRIOR -- THEY WERE PRIOR TO THE ADMISSION, THOUGH.
5 Q. WOULD YOU TELL US A LITTLE BIT ABOUT THOSE?
6 A. SHE HAD HAD SEVERE GASTRIC ULCERS AND HAD HAD PART OF
7 HER STOMACH REMOVED.
8 Q. WHEN DID THAT TAKE PLACE?
9 A. I BELIEVE IT WAS AROUND 1986 OR 1987.
10 Q. OKAY. ANY OTHER SURGICAL PROCEDURES?
11 A. SHE HAD HAD LUMBAR DISK SURGERY ON HER BACK.
12 Q. OKAY. DO YOU REMEMBER WHEN THAT WAS?
13 A. I BELIEVE THAT WAS 1984.
14 Q. SO LET'S TALK A LITTLE BIT ABOUT THE STOMACH SURGERY.
15 AS A RESULT OF THAT SURGERY, WAS SHE REQUIRED TO HAVE ANY
16 KIND OF SPECIAL RESTRICTIONS IN DIET OR OTHERWISE?
17 A. WELL, MORE OR LESS. SHE SHOULD HAVE FOLLOWED A BLAND
18 DIET, NOT SPICY THINGS THAT WOULD IRRITATE HER STOMACH. SHE
19 WAS ON MEDICATION TO KEEP THE ACID DOWN BECAUSE SHE HAD
20 CONTINUED TO HAVE SOME BLEEDING ULCERS EVEN AFTER THE
21 SURGERY.
22 Q. EVEN AFTER THE PARTIAL STOMACH REMOVAL?
23 A. UH-HUH.
24 Q. AND DID SHE -- YOU SAY MEDICATIONS THAT SHE WAS ON. DO
25 YOU REMEMBER WHAT THOSE MEDICATIONS WERE?
533
1 A. YES, CARAFATE AND ZANTAC.
2 Q. DID SHE SEEM TO TOLERATE THAT CONDITION PRETTY WELL?
3 A. YES.
4 Q. SO SHE WAS NOT HAVING PROBLEMS EATING OR RETAINING --
5 YOU DID INDICATE THAT SHE HAD BOUTS OF DIARRHEA?
6 A. YES. AND I BELIEVE THAT WAS WHAT THEY CALLED DUMPING
7 SYNDROME ASSOCIATED WITH PARTIAL STOMACH REMOVAL.
8 Q. AS TO THE BACK SURGERY, CAN YOU TELL US HOW -- WHETHER
9 OR NOT SHE TOLERATED THAT WELL?
10 A. SHE HAD SOME PAIN. SHE USED A NERVE STIMULATOR THAT
11 HELPED WITH THE PAIN AND DEEP HEAT RUB ON HER BACK.
12 Q. OKAY. ANY MEDICATION?
13 A. THEY GAVE HER EXTRA-STRENGTH TYLENOL IN THE NURSING HOME
14 AND THERE WAS ORDERED HY-PHEN, BUT THE NURSES TRIED TO
15 DISCOURAGE HER FROM TAKING IT BECAUSE SHE COMPLAINED A LOT
16 FOR ATTENTION. Frequently pain is dismissed in the elderly.
17 Q. SO YOU FELT LIKE HER COMPLAINTS WERE MORE FOR ATTENTION?
18 A. A LOT OF IT. SHE WOULD BE HAPPY IF SHE HAD A TYLENOL.
19 Q. WOULD SHE? NOW, IS THIS AN OVER-THE-COUNTER TYLENOL OR
20 PRESCRIBED TYLENOL?
21 A. OVER-THE-COUNTER. EXTRA-STRENGTH TYLENOL.
22 Q. OTHER THAN THOSE TWO SURGERIES, ANY OTHER SURGERIES FOR
23 YOUR MOTHER?
24 A. OH, SHE HAD HAD A -- I DON'T REMEMBER WHEN SHE HAD IT,
25 BUT A JOINT REPLACED IN ONE OF HER THUMBS FOR ARTHRITIS.
534
1 CARPAL TUNNEL. I DON'T REMEMBER WHICH HAND.
2 Q. LET'S TALK A LITTLE BIT ABOUT WHAT YOUR OBSERVATIONS
3 WERE ABOUT YOUR MOTHER'S PAIN. DURING THIS SAME TIME PERIOD
4 THAT SHE'S AT THE NURSING HOME, CAN YOU TELL THE JURY WHAT
5 THE NATURE OF HER PAIN COMPLAINTS?
6 A. SHE FREQUENTLY COMPLAINED OF HEADACHE OR BACK PAIN.
7 Q. OKAY. WHEN SHE WOULD COMPLAIN OF THAT CAN YOU GIVE US
8 AN EXAMPLE OF AS TO HOW SHE WOULD RELATE THE SEVERITY OF THE
9 PAIN COMPLAINT?
10 A. COULD YOU REPEAT IT, PLEASE?
11 Q. WELL, I'M TRYING TO ASCERTAIN -- DID YOU HAVE ANY
12 IMPRESSIONS AS TO HOW BAD THE PAIN WAS WHEN SHE WOULD TALK
13 WITH YOU?
14 A. WELL, SHE MOANED, MOANED AND GROANED A LOT.
15 Q. DID IT CREATE PROBLEMS FOR HER TO MOVE?
16 A. I DON'T RECALL. I DID A LOT OF THE TAKING MOM PLACES
17 AND I DON'T RECALL A LOT OF DIFFICULTY.
18 Q. DURING THIS TIME PERIOD, DID YOU VISIT YOUR MOTHER ON A
19 REGULAR BASIS?
20 A. YES.
21 Q. HOW OFTEN WOULD YOU SAY YOU VISITED HER?
22 A. USUALLY ABOUT TWO TO THREE TIMES A WEEK.
23 Q. AND FOR HOW LONG WOULD THOSE VISITS BE FOR?
24 A. OH, ANYWHERE FROM 45 MINUTES TO A COUPLE OF HOURS.
25 Q. WHILE AT THE CARE CENTER DID YOU -- DID YOUR MOTHER
535
1 EXECUTE ANY ADVANCE DIRECTIVES?
2 A. YES, SHE DID.
3 Q. AND WHAT IS THE MEANING OF ADVANCE DIRECTIVE?
4 A. IT'S CARE THAT THE PATIENT WANTS SHOULD THEY DEVELOP A
5 SITUATION WHERE THEY CAN'T MAKE CHOICES THEMSELVES.
6 Q. AND DID YOU TALK WITH YOUR MOTHER ABOUT THOSE ADVANCE
7 DIRECTIVES?
8 A. YES, I DID.
9 Q. DID YOU TALK WITH YOUR SISTER ABOUT THOSE ADVANCE
10 DIRECTIVES?
11 A. I DON'T RECALL SPECIFICALLY.
12 Q. WAS THERE ANY KIND OF CARE THAT WAS ADMINISTERED AT THE
13 NURSING CARE CENTER THAT WAS NOT IN CONFORMANCE WITH THOSE
14 ADVANCE DIRECTIVES, TO YOUR KNOWLEDGE?
15 A. WITHOUT LOOKING AT THE ADVANCE DIRECTIVE I COULDN'T
16 ANSWER THAT QUESTION.
17 Q. OKAY. WELL, WE'LL GET TO THAT LATER. LET'S TALK A
18 LITTLE BIT ABOUT WHAT HER CONDITION WAS THAT -- THERE CAME A
19 TIME, DID THERE NOT, WHEN YOU WERE REQUESTED TO MOVE YOUR
20 MOTHER FROM THE FACILITY?
21 A. YES.
22 Q. DO YOU RECALL WHEN THAT OCCURRED?
23 A. ABOUT MID-DECEMBER OF 1995.
24 Q. OKAY. WHO WERE YOU CONTACTED BY?
25 A. THE SOCIAL WORKER. I DON'T RECALL WHO ALL ATTENDED THE
536
1 MEETINGS. THERE WERE QUARTERLY MEETINGS, INTERDISCIPLINARY
2 CARE MEETINGS ABOUT PATIENTS' PROGRESS. AND IT WAS IN ONE
3 OF THOSE MEETINGS THAT THEY SUGGESTED THAT WE CHECK INTO
4 ANOTHER FACILITY.
5 Q. SO YOU HAD MEETINGS WITH THE CARE CENTER PEOPLE ON A
6 QUARTERLY BASIS?
7 A. I BELIEVE IT WAS. QUITE CERTAIN IT WAS QUARTERLY.
8 Q. AND IT WAS AT ONE OF THOSE MEETINGS THAT THEY -- THIS
9 TOPIC WAS BROUGHT UP?
10 A. I BELIEVE SO.
11 Q. CAN YOU TELL US WHAT THE REASON WAS THAT THEY WERE
12 SAYING THAT SHE HAD TO BE MOVED FROM THE CARE CENTER?
13 A. THE STAFF WAS HAVING DIFFICULTY DEALING WITH HER,
14 HOLLERING OUT, TAKING FOOD AND DRINKS FROM OTHER PEOPLE'S
15 TRAYS, STRIKING OUT.
16 Q. OKAY. DID YOU EVER HAVE OCCASION TO VIEW YOUR MOTHER
17 ENGAGED IN THAT KIND OF BEHAVIOR?
18 A. I HAD SEEN HER WHEN SHE TRIED TO TAKE DRINKS FROM
19 SOMEBODY ELSE.
20 Q. AND SO BASICALLY THEY WERE HAVING TROUBLE CONTROLLING
21 HER?
22 A. YES.
23 Q. DID THEY MAKE ANY RECOMMENDATIONS AS TO WHERE YOU SHOULD
24 MOVE HER?
25 A. YES. THEY RECOMMENDED THE GEROPSYCH UNIT AT THE DAVIS
537
1 HOSPITAL.
2 Q. WERE YOU PUT IN TOUCH WITH ANYBODY IN RESPECT TO THAT?
3 A. THERE WAS A SOCIAL WORKER THAT WE HAD A MEETING TO VIEW
4 THE UNIT.
5 Q. DO YOU RECALL WHEN THAT MEETING TOOK PLACE?
6 A. JUST BEFORE CHRISTMAS OF 1995.
7 Q. WHO WAS AT THAT MEETING, KAREN?
8 A. MY SISTER AND ONE OF THE SOCIAL WORKERS, BUT I DON'T
9 RECALL FOR SURE THE NAME OF THE SOCIAL WORKER.
10 Q. ALL RIGHT. THE SOCIAL WORKER FROM WHERE?
11 A. THE GEROPSYCH UNIT.
12 Q. AND SO AT THAT MEETING YOU DISCUSSED THE POTENTIAL TO
13 TRANSFER YOUR MOTHER TO THE GEROPSYCH UNIT?
14 A. RIGHT.
15 Q. AND FROM THE STANDPOINT OF THAT PARTICULAR MEETING WHAT
16 WERE YOU ADVISED AS TO THE PURPOSE OF THE TRANSFER, WHAT IT
17 WOULD ACCOMPLISH?
18 A. IT WAS TO BE A TWO- TO THREE-WEEK STAY WHERE THEY WOULD
19 ADJUST MOM'S MEDICATIONS, HAVE GROUP THERAPY, AND HELP
20 IMPROVE HER QUALITY OF LIFE. MAKE HER FEEL BETTER.
21 Q. DID YOU EVALUATE THE FACILITY ITSELF?
22 A. I REMEMBER BRIEFLY WALKING THROUGH.
23 Q. HOW DID YOU FEEL ABOUT THE PROGRAM?
24 A. SOUNDED LIKE A GOOD IDEA. SOUNDED LIKE A GOOD PROGRAM.
25 Q. THE FACT THAT IT WAS LOCATED IN A HOSPITAL, DID THAT
538
1 HAVE ANY RELEVANCE TO YOUR DECISION TO MOVE YOUR MOTHER TO
2 THAT FACILITY? DO YOU UNDERSTAND MY QUESTION?
3 A. NOT EXACTLY.
4 Q. WAS IT -- WAS THAT A FACTOR IN YOUR DECISION TO MOVE
5 YOUR MOTHER INTO THE GEROPSYCH UNIT, THE FACT THAT IT WAS
6 LOCATED IN A HOSPITAL SETTING?
7 A. I WAS GLAD THERE WAS A HOSPITAL CLOSE BY, BUT THIS WAS
8 THE ONLY GERIATRIC PSYCHIATRIC FACILITY AVAILABLE.
9 Q. SO IT WAS THE ONLY ONE AVAILABLE IN THE STATE OF UTAH
10 THAT YOU WERE AWARE OF?
11 A. AT LEAST PRETTY CLOSE.
12 Q. OKAY. AND SO DID YOU DECIDE THEN THAT THAT TRANSFER
13 WOULD TAKE PLACE?
14 A. YES.
15 Q. DID YOU SPEAK WITH YOUR MOM ABOUT IT.
16 A. I BELIEVE MY SISTER AND I EXPLAINED TO HER THAT THEY
17 WOULD ADJUST HER MEDICATIONS AND TRY TO HELP HER FEEL BETTER
18 SO SHE WAS HAPPIER.
19 Q. CAN YOU TELL US YOUR MOM'S ATTITUDE TOWARDS THAT CHANGE?
20 A. OKAY. SHE WAS OKAY WITH IT.
21 Q. OKAY. SO SHE SEEMED TO BE OKAY WITH IT?
22 A. YES.
23 Q. SO WHEN DID THE TRANSFER TAKE PLACE?
24 A. DECEMBER 28.
25 Q. AND DID YOU TRANSPORT YOUR MOTHER TO THE CARE CENTER OR
539
1 TO THE GEROPSYCH UNIT?
2 A. YES, I DID.
3 Q. DID ANYBODY ELSE GO WITH YOU AT THAT TIME?
4 A. I MET MY SISTER AT THE DAVIS HOSPITAL.
5 Q. DO YOU RECALL WHAT TIME OF DAY THIS WAS THAT YOU TOOK
6 HER UP TO THE PSYCH UNIT?
7 A. I DON'T RECALL. POSSIBLY EARLY AFTERNOON. I DON'T
8 RECALL FOR SURE.
9 Q. SO WHEN YOU TOOK HER TO THE PSYCH UNIT -- WELL, STRIKE
10 THAT. JUST A COUPLE OF OTHER QUESTIONS PRELIMINARILY TO
11 THAT. DID YOU MAKE ANY KIND OF ARRANGEMENTS FOR YOUR
12 MOTHER'S MEDICAL CARE WHILE SHE WAS AT THE FACILITY IN SANDY
13 REGIONAL CENTER?
14 A. WHAT DO YOU MEAN, WHAT KIND OF --
15 Q. I MEAN FROM A -- AS TO -- AS TO EVALUATING HER MEDICAL
16 CONDITION, HER PHYSICAL CONDITION, THOSE KINDS OF
17 ARRANGEMENTS?
18 A. WE HAD A PRIVATE PHYSICIAN.
19 Q. AND SO YOU DID NOT CHOOSE TO USE THE PHYSICIAN THAT WAS
20 LOCATED AT THE FACILITY OR WAS THERE A PHYSICIAN?
21 A. THERE WAS A PHYSICIAN. WE CHOSE TO USE OUR PRIVATE
22 PHYSICIAN.
23 Q. DID YOU GO WITH YOUR MOTHER TO THOSE APPOINTMENTS?
24 A. YES, I DID.
25 Q. AND WHO WAS THE PRIVATE PHYSICIAN?
540
1 A. DR. RACHEL STUBBS.
2 Q. DID YOU EVER HAVE OCCASION TO TAKE YOUR MOTHER TO THAT
3 PRIVATE PHYSICIAN FOR AN ORDINARY CHECK-UP?
4 A. I DON'T RECALL.
5 Q. OKAY. WHEN SHE WOULD INCUR ONE OF THESE URINARY TRACT
6 INFECTIONS, WOULD THE PHYSICIAN BE NOTIFIED?
7 A. THE NURSES WOULD NOTIFY THE DOCTOR BY PHONE.
8 Q. ALL RIGHT. GOING BACK TO THE TIME THAT SHE WAS ADMITTED
9 TO THE GEROPSYCH UNIT, YOU INDICATED YOU MET YOUR SISTER UP
10 THERE. TELL US WHAT TRANSPIRED AT THE TIME THAT YOU
11 INITIALLY GOT THERE?
12 A. THERE WAS AN ADMISSIONS PROCESS. NORMAL, YOU KNOW,
13 NAME, ADDRESS, INSURANCE INFORMATION. LOTS OF FORMS TO
14 SIGN.
15 Q. OKAY. DID YOU ASSIST YOUR MOTHER IN DOING THAT?
16 A. YES.
17 Q. AND HOW LONG DID THAT PROCESS TAKE?
18 A. I DON'T RECALL.
19 Q. WOULD IT BE MORE THAN AN HOUR, DO YOU THINK?
20 A. I DON'T THINK IT WAS MORE THAN AN HOUR.
21 Q. OKAY. UPON GOING THROUGH THAT PARTICULAR PART OF THE
22 PROCESS, THEN WHAT DID YOU DO?
23 A. WE WENT TO THE GEROPSYCH UNIT. I DON'T REMEMBER THE
24 FLOOR IT WAS ON. THREE OR FOUR. WENT UP THE ELEVATOR.
25 Q. AND YOU KNEW WHERE HER ROOM WAS?
541
1 A. RIGHT. THE NURSE OR SOMEONE THERE TOOK US TO THE ROOM
2 WHERE MOM WAS GOING TO BE AND WE UNPACKED HER BELONGINGS.
3 Q. WERE THERE ANY -- WHILE YOU WERE PRESENT AND YOUR SISTER
4 WAS PRESENT, DO YOU RECALL ANY KIND OF MEDICAL ASSESSMENT
5 BEING DONE ON YOUR MOTHER?
6 A. THERE WAS A NURSING HISTORY TAKEN BY THE NURSE.
7 Q. WAS THAT PRIOR TO TAKING HER UP TO THE ROOM OR AFTER SHE
8 WAS THERE?
9 A. IT WAS IN THE ROOM.
10 Q. IT WAS IN THE ROOM. OKAY. SO THE NURSING ASSESSMENT
11 TOOK PLACE IN THE ROOM?
12 A. YES.
13 Q. ANYTHING ELSE THAT YOU RECALL IN CONNECTION WITH THIS
14 PROCESS ON THAT PARTICULAR DAY?
15 A. NO.
16 Q. DESCRIBE FOR US, IF YOU WOULD, WHAT YOUR MOTHER'S
17 PHYSICAL CONDITION WAS IN YOUR OPINION AT THAT TIME?
18 A. SHE HAD BEEN ABOUT THE SAME FOR THE FIVE YEARS;
19 CONTINUED WITH THE LEFT-SIDED WEAKNESS AND OCCASIONAL
20 URINARY TRACT INFECTION, BUT BASICALLY VERY STABLE.
21 Q. OKAY. ON THAT PARTICULAR OCCASION CAN YOU ALSO DESCRIBE
22 FOR US, IF YOU WILL, WHAT HER MENTAL ATTITUDE WAS?
23 A. AT THE TIME OF TRANSFER, DO YOU MEAN?
24 Q. UH-HUH.
25 A. SHE WAS -- SHE WAS OKAY WITH IT. I THINK SHE MAY HAVE
542
1 BEEN A LITTLE BIT CONFUSED. SHE HAD BEEN COMFORTABLE IN THE
2 NURSING ROOM AND TO TAKE HER OUT AND TAKE HER SOMEPLACE ELSE
3 WAS A LITTLE CONFUSING, I BELIEVE.
4 Q. SO AT THE TIME THAT YOU LEFT HER AT THE GEROPSYCH UNIT,
5 HOW WAS SHE ACTING?
6 A. SEEMED PRETTY CONTENT.
7 Q. DO YOU KNOW WHETHER OR NOT THERE WERE ANY MEDICATIONS
8 ADMINISTERED TO HER AT THE TIME THAT YOU WERE PRESENT DURING
9 THIS PROCESS?
10 A. I DON'T RECALL ANY WHILE I WAS PRESENT.
11 Q. OKAY. AND YOU DON'T RECALL ANY DOCTOR MAKING ANY KIND
12 OF ASSESSMENT AT THAT TIME EITHER?
13 A. NO. I DO NOT RECALL THAT.
14 Q. DID YOU MEET ANY PHYSICIANS ON THAT PARTICULAR OCCASION?
15 A. NO, I DID NOT.
16 Q. HAD YOU EVER HAD AN OCCASION TO MEET DR. WEITZEL BEFORE
17 THAT TIME?
18 A. NO, I HAD NOT.
19 Q. NOW, YOUR MOTHER WAS ADMITTED ON THE 28TH OF DECEMBER.
20 WHEN DID YOUR MOTHER PASS AWAY?
21 A. JANUARY 7TH, 1996.
22 Q. SO SHE WAS IN THE FACILITY WHAT, APPROXIMATELY TEN DAYS?
23 A. YES.
24 Q. DURING THAT TEN-DAY TIME FRAME, DID YOU VISIT YOUR
25 MOTHER?
543
1 A. YES.
2 Q. CAN YOU TELL THE JURY HOW OFTEN YOU VISITED YOUR MOTHER?
3 A. I WAS WORKING, SO IT WAS A LONG DRIVE SO I COULDN'T GO
4 EVERY DAY, BUT I BELIEVE I VISITED HER FOUR OR FIVE TIMES.
5 Q. AND I WANT YOU TO DESCRIBE, IF YOU WILL, YOUR
6 OBSERVATIONS AS TO YOUR FIRST VISIT UP UNTIL -- WELL, FIRST
7 OF ALL, LET'S JUST DESCRIBE YOUR OBSERVATIONS. DID YOU SEE
8 ANYTHING DIFFERENT ABOUT YOUR MOTHER THE FIRST TIME YOU
9 VISITED HER?
10 A. NOT AT THE TIME I DROPPED HER OFF, BUT THE FIRST --
11 Q. RIGHT.
12 A. SHE SEEMED MORE SLEEPY.
13 Q. OKAY.
14 A. OR SLEEPY.
15 Q. WAS SHE ABLE TO TALK TO YOU ON THAT OCCASION, TO YOUR
16 RECOLLECTION?
17 A. I DON'T RECALL.
18 Q. OTHER THAN THE SLEEPINESS, WAS THERE ANYTHING ELSE THAT
19 YOU OBSERVED ABOUT HER DEMEANOR OR PHYSICALLY OR OTHERWISE
20 THAT CONCERNED YOU?
21 A. JUST GENERALLY SLEEPY, GROGGY, WEAK ALL OVER.
22 Q. OKAY. DID YOU MAKE ANY INQUIRIES AT THAT TIME OF NURSES
23 OR PHYSICIANS OR ANYBODY AS TO WHY SHE WAS BEING SLEEPY?
24 A. I ASKED THE NURSE WHAT SHE WAS RECEIVING THAT MADE HER
25 SO SLEEPY.
544
1 Q. WHAT WERE YOU TOLD?
2 A. RISPERDAL.
3 Q. PARDON?
4 A. RISPERDAL.
5 Q. ARE YOU FAMILIAR WITH THAT PARTICULAR SUBSTANCE?
6 A. NO.
7 Q. SO THE NURSE TOLD YOU SHE WAS RECEIVING RISPERDAL?
8 A. YES.
9 Q. THE NEXT TIME YOU VISITED HER, DID YOU NOTICE ANY
10 DIFFERENCE BETWEEN THAT AND THE OTHER TIME?
11 A. I DON'T REMEMBER THE SPECIFIC VISITS.
12 Q. OKAY. CAN YOU TELL THE JURY THEN FROM THE TIME THAT YOU
13 FIRST VISITED HER UP UNTIL THE TIME THAT YOU LAST VISITED
14 HER WHETHER YOU OBSERVED ANY DIFFERENCE IN HER PHYSICAL
15 BEHAVIOR?
16 A. PROGRESSIVELY MORE SLEEPY AND GROGGY AND GENERALLY WEAK.
17 SHE WAS IN BED A LOT.
18 Q. AND DID YOU CONTINUE TO INQUIRE OF THE NURSES?
19 A. YES.
20 Q. AND CAN YOU TELL US, WERE YOU GIVEN ANY OTHER ANSWER
21 OTHER THAN RISPERDAL?
22 A. ONLY THAT THEY SAID SHE WOULD ADJUST TO THE DOSAGE OVER
23 TIME.
24 Q. NOW, YOU ARE A NURSE AND YOU ARE FAMILIAR WITH THE
25 PRACTICES AND PROCEDURES IN HOSPITALS, I ASSUME?
545
1 A. YES.
2 Q. YOU ARE ALSO FAMILIAR WITH THE PATIENT RECORD PROCESS?
3 A. YES.
4 Q. DID YOU EVER INQUIRE AS TO TAKING A LOOK AT THE
5 PATIENT'S RECORD?
6 A. NO, I DID NOT.
7 Q. CAN YOU TELL THE JURY WHY YOU DIDN'T INQUIRE AS TO
8 TAKING A LOOK AT HER RECORD?
9 A. WE TRUSTED -- I TRUSTED WHAT THE NURSES WERE TELLING ME.
10 AND ON A NORMAL DAY-TO-DAY BASIS, FAMILY MEMBERS DON'T LOOK
11 AT PATIENT'S RECORDS.
12 Q. SO YOU DIDN'T HAVE ANY REASON TO DISPUTE WHAT YOU WERE
13 BEING TOLD?
14 A. THAT'S CORRECT.
15 Q. DID YOU, IN FACT, EVER HAVE OCCASION TO MEET ANY
16 PHYSICIANS DURING THOSE VISITS?
17 A. I BELIEVE I SPOKE WITH THE GYNECOLOGIST ON THE PHONE,
18 BUT I DON'T REMEMBER THE DETAILS.
19 Q. YOU SPOKE MAYBE WITH A GYNECOLOGIST ON THE PHONE?
20 A. YES.
21 Q. IN RELATIONSHIP TO THIS TIME PERIOD, CAN YOU TELL US,
22 WAS THAT AT THE BEGINNING OF THE ADMISSION OR THE BEGINNING
23 OF THE TIME THAT SHE WAS IN THE HOSPITAL OR THE END OF THE
24 TIME THAT SHE WAS IN THE HOSPITAL?
25 A. I BELIEVE IT WAS ABOUT THE MIDDLE.
546
1 Q. ABOUT THE MIDDLE. BUT YOU DON'T REMEMBER THE NATURE OF
2 THAT CONVERSATION OR DO YOU?
3 A. I DO.
4 Q. OKAY. WHAT, IF ANYTHING, WERE YOU ADVISED IN CONNECTION
5 WITH YOUR MOTHER AT THAT TIME?
6 A. MOM HAD DEVELOPED A RECTAL/VAGINAL FISTULA AND I HAD
7 ASKED TO TALK TO THE DOCTOR ABOUT THAT SITUATION.
8 Q. HOW DID YOU -- HOW WERE YOU ADVISED THAT SHE HAD
9 DEVELOPED A RECTAL/VAGINAL FISTULA?
10 A. THE NURSE HAD TOLD MY BROTHER AND MY BROTHER CALLED ME
11 AND SAID YOU GOT TO CALL THE NURSES AND TALK TO THEM ABOUT
12 THAT.
13 Q. OKAY. SO THIS CONCERNED YOU ENOUGH THAT YOU CALLED THE
14 DOCTOR ABOUT IT?
15 A. I BELIEVE I DID, YES.
16 Q. DO YOU KNOW WHETHER YOUR MOTHER WAS TREATED FOR THAT
17 PARTICULAR PROBLEM?
18 A. NO, I DON'T.
19 Q. IN RESPECT TO THIS TIME LINE, DID THERE COME A TIME THAT
20 YOU WERE ADVISED THAT YOUR MOTHER WAS DYING?
21 A. YES, THERE WAS.
22 Q. AND WHEN WAS THAT?
23 A. THE AFTERNOON OF JANUARY 7.
24 Q. OKAY. THE SAME DATE SHE DIED?
25 A. YES.
547
1 Q. CAN YOU TELL THE JURY HOW YOU WERE ADVISED OF THAT?
2 A. ONE OF THE NURSING STAFF PAGED ME AND WHEN I RETURNED
3 THE CALL SHE TOLD ME SOMETHING HAD HAPPENED TO MOM. SHE HAD
4 EITHER HAD A STROKE OR A SEIZURE, BUT THAT SHE WAS GOING
5 DOWNHILL AND WE NEEDED TO COME TO THE HOSPITAL.
6 Q. SO WHAT DID YOU DO IN RESPONSE TO THAT?
7 A. I WAS IN SALT LAKE. MY BROTHER AND SISTER WERE HERE.
8 SO I CALLED THEM AND THEY CAME UP AND THEN I GOT MY FAMILY
9 AND CAME UP TO LAYTON.
10 Q. DO YOU RECALL APPROXIMATELY WHAT TIME OF DAY YOU ARRIVED
11 AT THE HOSPITAL?
12 A. I BELIEVE SOMEWHERE BETWEEN FIVE AND SIX IN THE EVENING.
13 Q. AND DID YOU GO IMMEDIATELY TO THE GEROPSYCH UNIT?
14 A. YES, WE DID.
15 Q. AND DID YOU GO TO YOUR MOTHER'S ROOM?
16 A. YES.
17 Q. CAN YOU TELL US WHAT YOU OBSERVED UPON ENTERING YOUR
18 MOTHER'S ROOM?
19 A. SHE WAS UNRESPONSIVE.
20 Q. YOUR MOTHER WAS UNRESPONSIVE?
21 A. UNRESPONSIVE, LYING IN BED.
22 Q. CAN YOU TELL US, DID YOU MAKE ANY OBSERVATIONS RELATIVE
23 TO HER BREATHING?
24 A. AS I RECALL, SHE WAS GURGLY.
25 Q. DID YOU SPEAK WITH ANY NURSES OR DOCTORS IMMEDIATELY
548
1 UPON ENTERING THE ROOM? WERE ANY OF THEM PRESENT?
2 A. I DON'T RECALL IF IT WAS IMMEDIATE.
3 Q. OKAY. SO YOU DON'T RECALL ANYBODY BEING PRESENT OF A
4 NURSE OR A PHYSICIAN CATEGORY IN THE ROOM AT THE TIME THAT
5 YOU ENTERED THE ROOM?
6 A. THAT'S RIGHT.
7 Q. WHO WAS IN THE ROOM FROM YOUR RECOLLECTION?
8 A. MY SISTER AND HER CHILDREN AND MY BROTHER.
9 Q. SO HOW MANY PEOPLE ARE WE TALKING ABOUT WITH YOUR
10 FAMILY?
11 A. ABOUT TEN.
12 Q. DID THERE COME A TIME THAT YOU DID SPEAK WITH A
13 PHYSICIAN?
14 A. YES.
15 Q. WAS THAT PHYSICIAN DR. WEITZEL?
16 A. YES, IT WAS.
17 Q. IS THAT THE GENTLEMAN SEATED RIGHT HERE IN THE MIDDLE --
18 A. YES, IT IS.
19 Q. -- OF THESE TWO ATTORNEYS? WHEN YOU SPOKE WITH DR.
20 WEITZEL WHAT, IF ANYTHING, DID HE TELL YOU -- WELL, FIRST OF
21 ALL, LET ME IDENTIFY WHERE THIS CONVERSATION TOOK PLACE.
22 A. IN MY MOTHER'S ROOM.
23 Q. OKAY. WAS THERE A PARTICULAR POSITION IN YOUR MOTHER'S
24 ROOM THIS TOOK PLACE?
25 A. OFF TO THE SIDE A LITTLE BIT AWAY FROM HER.
549
1 Q. WERE THERE OTHER PARTICIPANTS IN THIS CONVERSATION OTHER
2 THAN YOURSELF AND DR. WEITZEL?
3 A. MY HUSBAND WAS THERE.
4 Q. OKAY. AND WAS THIS DONE IN HUSHED TONES OR WHAT?
5 A. THERE WAS ANOTHER PATIENT IN THE ROOM, SO WE DIDN'T TALK
6 LOUD.
7 Q. OKAY. CAN YOU RELATE, IF YOU WILL, THE CONTEXT OF THE
8 CONVERSATION WITH DR. WEITZEL AT THAT TIME?
9 A. HE SAID WHATEVER HAD HAPPENED TO MOM WAS NOT REVERSIBLE
10 AND SHE WAS NOT EXPECTED TO SURVIVE.
11 Q. HOW DID YOU RESPOND TO THAT?
12 A. I ASKED HIM WHAT COULD WE DO FOR HER.
13 Q. AND DID HE TELL YOU ANYTHING?
14 A. HE SAID WE CAN GIVE HER MORPHINE TO KEEP HER COMFORTABLE
15 AND HASTEN THE INEVITABLE.
16 Q. IS THERE ANY FURTHER CONVERSATION AT THAT POINT, DO YOU
17 RECOLLECT?
18 A. I BELIEVE I SAID THANK YOU.
19 Q. SO DID YOU CONTINUE TO REMAIN IN YOUR MOTHER'S ROOM?
20 A. YES, WE DID.
21 Q. DO YOU RECALL ANY FURTHER CONVERSATIONS WITH EITHER DR.
22 WEITZEL OR ANY NURSING STAFF LATER THAT EVENING?
23 A. THE NURSING STAFF I KNOW WE HAD INTERACTION WITH.
24 Q. OKAY. WHAT KIND OF INTERACTION DO YOU REMEMBER THERE
25 BEING?
550
1 A. SHORTLY AFTER DR. WEITZEL LEFT, THE NURSE CAME IN AND
2 GAVE MOM AN INJECTION.
3 Q. DID YOU TALK WITH THE NURSE ABOUT THE INJECTION?
4 A. SHE SAID IT WAS THE MORPHINE DR. WEITZEL HAD ORDERED.
5 Q. OKAY. DID YOU SEE OR VIEW ANY FURTHER INJECTIONS ON
6 THAT PARTICULAR EVENING?
7 A. YES.
8 Q. HOW LONG WAS THE SECOND INJECTION?
9 A. I BELIEVE IT WAS ABOUT THREE HOURS LATER.
10 Q. CAN YOU TELL THE JURY WHEN YOUR MOTHER PASSED AWAY?
11 A. JUST BEFORE MIDNIGHT. I BELIEVE IT WAS FIVE MINUTES TO
12 MIDNIGHT ON THE 7TH OF JANUARY.
13 Q. SO YOU WERE PRESENT FOR TWO INJECTIONS. ANY OTHER
14 INJECTIONS?
15 A. NO, JUST THE TWO.
16 Q. DO YOU RECALL HOW LONG HER DEATH OCCURRED AFTER THE
17 FINAL INJECTION?
18 A. WOULD HAVE BEEN ABOUT 55 MINUTES.
19 Q. DURING YOUR MOTHER'S STAY IN THE HOSPITAL, OTHER THAN
20 THE REFERENCE TO THE RISPERDAL AND MORPHINE, WERE YOU AWARE
21 OF ANY OTHER TYPES OF MEDICATIONS BEING ADMINISTERED TO YOUR
22 MOTHER?
23 A. I DIDN'T HAVE AN OPPORTUNITY TO DISCUSS ANY MEDICATION.
24 Q. NOW, SHE WAS ON MEDICATION BEFORE SHE WENT INTO THAT
25 PARTICULAR SETTING, WAS SHE NOT?
551
1 A. YES, SHE WAS.
2 Q. AND WAS THERE ANY UNDERSTANDING ON YOUR PART THAT THOSE
3 MEDICATIONS WOULD CONTINUE?
4 A. MY UNDERSTANDING WAS THAT THE MEDICATIONS WOULD BE
5 ADJUSTED.
6 Q. THEY WOULD BE ADJUSTED?
7 A. ADJUSTED.
8 Q. OKAY. WERE YOU ADVISED AS TO THE PROCESS THAT AS TO HOW
9 THEY WOULD BE ADJUSTED?
10 A. NO, I WAS NOT.
11 Q. DID YOU EVER -- WERE YOU EVER ABLE TO VIEW YOUR MOTHER
12 IN AN UNCLOTHED SITUATION AS FAR AS AT THE HOSPITAL?
13 A. NO, I WAS NOT.
14 Q. WERE YOU EVER ADVISED SUBSEQUENTLY AS TO THE CAUSE OF
15 HER DEATH BY ANYONE FROM THE HOSPITAL?
16 A. JUST THAT IT HAD BEEN A SEIZURE OR A STROKE.
17 Q. A SEIZURE OR A STROKE?
18 A. OR A STROKE.
19 Q. DID YOU HAVE ANY REASON TO QUESTION YOUR MOTHER'S DEATH
20 AT THAT TIME?
21 A. NO. WE WERE SURPRISED, BUT I DIDN'T HAVE REASON TO
22 QUESTION ANYTHING.
23 MR. WILSON: I HAVE NO FURTHER QUESTIONS, YOUR
24 HONOR.
25 MS. BARLOW: EXCUSE ME.
552
1 MR. WILSON: EXCUSE ME, YOUR HONOR. JUST A MINUTE.
2 THANK YOU. NO FURTHER QUESTIONS.
3 CROSS-EXAMINATION
4 BY MR. STIRBA:
5 Q. GOOD MORNING, MISS BRINGHURST. I'M GOING TO HAND YOU
6 STATE'S EXHIBIT 5. PROBABLY BE REVIEWING SOME OF THAT AND
7 HAVE THAT UP THERE. NOW, MISS BRINGHURST, YOU'VE TESTIFIED
8 THAT YOU'VE BEEN A NURSE FOR OVER TWENTY YEARS; IS THAT
9 RIGHT?
10 A. NOT OVER. I'VE BEEN A NURSE FOR TWENTY YEARS.
11 Q. I'M SORRY. TYPICALLY YOU'VE WORKED IN THE MED SURGICAL
12 AREA; IS THAT RIGHT?
13 A. NO, THAT'S NOT CORRECT. I WORKED FOR THREE MONTHS IN
14 THE MEDICAL SURGICAL AREA AND THE REST OF THE TIME IN THE
15 OPERATING ROOM.
16 Q. AND YOU'VE TESTIFIED, OF COURSE, YOUR FAMILIARITY WITH
17 HOSPITAL PROCEDURES IN TERMS OF CHARTING AND KEEPING OF
18 PATIENT RECORDS; IS THAT RIGHT?
19 A. YES.
20 Q. AND CERTAINLY IN TERMS OF YOUR MOM'S SITUATION AT THE
21 HOSPITAL, IF YOU WANTED TO LOOK AT THE CHART YOU CERTAINLY
22 COULD HAVE DONE SO; ISN'T THAT TRUE?
23 A. YES.
24 Q. AND IT'S ALSO TRUE, IS IT NOT, THAT IN TERMS OF WHEN YOU
25 TALKED TO THE NURSES THEY WERE FORTHCOMING IN PROVIDING YOU
553
1 INFORMATION IN RESPONSE TO YOUR QUESTIONS; IS THAT RIGHT?
2 A. THEY ANSWERED MY QUESTIONS.
3 Q. AND CERTAINLY IN TERMS OF WHEN YOU HAD A CONCERN, FOR
4 EXAMPLE, ABOUT THE VAGINAL FISTULA, YOU ASKED TO TALK TO THE
5 DOCTOR; IS THAT RIGHT?
6 A. YES.
7 Q. AND THAT WAS THE GYNECOLOGIST, CORRECT?
8 A. YES.
9 Q. AND YOU TALKED TO THE GYNECOLOGIST, TRUE?
10 A. YES.
11 Q. AND IT'S TRUE, IS IT NOT, THAT YOU'VE CERTAINLY FELT AND
12 UNDERSTOOD IF YOU HAD CONCERNS ABOUT THE MEDICATIONS THAT
13 WERE BEING PROVIDED TO YOUR MOM, YOU CERTAINLY SIMILARLY
14 COULD HAVE TALKED TO THE PHYSICIAN ABOUT THOSE; IS THAT
15 RIGHT?
16 A. YES.
17 Q. AND IT'S TRUE, IS IT NOT, THAT YOU NEVER MADE SUCH A
18 REQUEST WITH RESPECT TO THE MEDICATIONS, TO SPEAK TO A
19 PHYSICIAN; ISN'T THAT TRUE?
20 A. THAT'S TRUE.
21 Q. LET ME ASK YOU, IF YOU WOULD, TO TURN IN THAT EXHIBIT,
22 THERE IS A SECTION THAT HAS MEDICAL LEGAL. IT'S KIND OF IN
23 THE MIDDLE. AND THE FIRST PAGE SHOULD BE MED-00336. DO YOU
24 HAVE THAT IN FRONT OF YOU?
25 A. YES, I DO.
554
1 Q. AND THAT'S IN A DOCUMENT THAT IS SIGNED BY YOUR MOM; IS
2 THAT RIGHT?
3 A. YES, IT IS.
4 Q. AND THAT'S WHAT YOU TESTIFIED THAT SHE SIGNED AS A
5 MEDICAL DIRECTIVE?
6 A. YES.
7 Q. RELATING TO CERTAIN CARE AND TREATMENT WHICH SHE EITHER
8 WANTED TO RECEIVE OR DIDN'T WANT TO RECEIVE UNDER CERTAIN
9 CIRCUMSTANCES, TRUE?
10 A. YES. THIS WAS AT THE NURSING HOME.
11 Q. NOW, AT THE HOSPITAL ON THE 28TH OF DECEMBER YOU ALSO
12 SIGNED A MEDICAL DIRECTIVE, DID YOU NOT?
13 A. YES.
14 Q. AND I'M GOING TO ASK YOU IF YOU COULD FLIP A FEW PAGES,
15 PLEASE. I THINK THE NUMBER IS 00341. AND WHEN YOU GET
16 THERE IF YOU WOULD STOP. YOU SEE THAT?
17 A. YES, I DO.
18 Q. NOW, THAT DOCUMENT, IT HAS AT THE TOP MEDICAL TREATMENT
19 PLAN, CORRECT?
20 A. YES.
21 Q. AND THERE'S A DATE 12/28/95. IS THAT YOUR WRITING?
22 A. NOT THE DATE.
23 Q. AND THEN WE HAVE YOUR SIGNATURE AT THE BOTTOM, KAREN
24 BRINGHURST. IS THAT YOURS?
25 A. YES.
555
1 Q. AND DO YOU AGREE THAT YOU SIGNED THIS DOCUMENT DURING
2 THE ADMISSION PROCESS OF YOUR MOM ON THE 28TH OF DECEMBER OF
3 1995?
4 A. YES.
5 Q. NOW, IF YOU LOOK AT THAT DOCUMENT, IT SAYS THE FOLLOWING
6 CARE AND TREATMENT IS DIRECTED WITH RESPECT TO THE
7 DECLARANT. DO YOU SEE THAT?
8 A. YES.
9 Q. AND IT'S TRUE, IS IT NOT, THAT AT ANY TIME BETWEEN THE
10 28TH OF DECEMBER OF 1995 AND THE DATE OF YOUR MOM'S DEATH,
11 WHICH I BELIEVE WAS THE 7TH OF JANUARY, YOU NEVER EXECUTED
12 ANY DOCUMENT THAT HAD THE EFFECT OF REVOKING THIS DIRECTIVE,
13 DID YOU?
14 A. THAT'S CORRECT.
15 Q. AND YOU NEVER TOLD ANYBODY AT THE HOSPITAL THAT YOU NO
16 LONGER WANTED THIS DOCUMENT TO HAVE ANY LEGAL EFFECT, DID
17 YOU?
18 A. THAT'S CORRECT.
19 Q. AND IT SAYS HERE UNDER THE FOLLOWING CARE AND TREATMENT
20 AS DIRECTED WITH RESPECT TO THE DECLARANT, ONCE AGAIN,
21 THAT'S YOUR MOM, TRUE?
22 A. YES.
23 Q. IT SAYS, FIRST OF ALL, UNDER DO NOT RESUSCITATE D.N.R.,
24 THE CHECK IS YES. WAS THAT YOUR DIRECTIVE AT THE TIME TO
25 THE HOSPITAL IN TERMS OF THE CARE OF YOUR MOM?
556
1 A. YES.
2 Q. SO YOU DID NOT WANT A RESUSCITATION, CORRECT?
3 A. YES.
4 Q. AND BY RESUSCITATION, YOU ARE A NURSE AND KNOW BETTER
5 THAN I, BUT WE'RE TALKING ABOUT AN ARTIFICIAL VENTILATION OF
6 THE LUNGS?
7 A. OR COMPRESSIONS OF THE HEART.
8 Q. OR COMPRESSIONS. SOMEBODY COULD BREATHE AND THEY
9 WOULDN'T NECESSARILY BREATHE WITHOUT THE MACHINES; IS THAT
10 RIGHT?
11 A. NO, THAT'S NOT RIGHT.
12 Q. WHAT DO YOU MEAN BY, DO NOT RESUSCITATE, PLEASE?
13 A. ALONG WITH THE VENTILATION IS THE CHEST COMPRESSIONS TO
14 CIRCULATE THE BLOOD.
15 Q. I SEE. SO IN OTHER WORDS, IT'S WHEN SOMEBODY HAS AN
16 INABILITY TO BREATHE ON THEIR OWN AND THIS MEANS WE DON'T
17 START ARTIFICIAL MEANS OF ALLOWING THEM TO BREATHE; IS THAT
18 RIGHT?
19 A. AS WELL AS CIRCULATING THEIR BLOOD.
20 Q. RIGHT. AND IF THEY DIDN'T DO THAT THEY WOULD DIE, TRUE?
21 A. YES.
22 Q. AND THE NEXT THING YOU CHECKED IS OXYGEN THERAPY. DID
23 YOU ALSO CHECK YES, THAT OXYGEN THERAPY IS SOMETHING THAT
24 YOU EITHER DID OR DID NOT WANT ADMINISTERED?
25 A. I CHECKED YES.
557
1 Q. AND WHAT DOES THAT MEAN TO YOU?
2 A. THAT I WANTED OXYGEN THERAPY, WAS THE WAY I INTERPRETED
3 THIS.
4 Q. AND WHAT IS OXYGEN THERAPY? WHAT IS YOUR UNDERSTANDING?
5 A. SUPPLEMENTAL OXYGEN THROUGH A MASK OR A CANNULA IN THE
6 NOSE.
7 Q. AND THEN WE HAD ALSO RESPIRATORY THERAPY. DO YOU SEE
8 THAT?
9 A. YES.
10 Q. AND YOU CHECK YES AS WELL. DID YOU UNDERSTAND BY THAT
11 YOU WANTED RESPIRATORY THERAPY?
12 A. YES.
13 Q. AND RESPIRATORY THERAPY WOULD INCLUDE WHAT?
14 A. IF THERE WAS A NEED FOR BREATHING TREATMENTS, ANYTHING
15 TO AID WITH RESPIRATIONS.
16 Q. AND THEN YOU HAVE ALSO CHECKED YES, SUCTIONING. YOU SEE
17 THAT?
18 A. YES.
19 Q. AND SUCTIONING IS WHAT?
20 A. THE RESPIRATORY OR ORAL SECRETIONS WERE COLLECTING, THEY
21 WOULD BE SUCTIONED OUT.
22 Q. NOW, THOSE THINGS THAT WE'VE TALKED ABOUT AS FAR AS
23 THESE ARE ALL THINGS THAT YOU INTENDED TO BE PROVIDED TO
24 YOUR MOM FOR PURPOSES OF HER CARE IN THE HOSPITAL?
25 A. YES.
558
1 Q. THEN WE HAVE MECHANICAL VENTILATION. YOU CHECKED NO.
2 A. THAT'S CORRECT.
3 Q. DIDN'T WANT MECHANICAL VENTILATION?
4 A. THAT'S CORRECT.
5 Q. AND DO YOU KNOW THE DIFFERENCE BETWEEN MECHANICAL
6 VENTILATION AND DO NOT RESUSCITATE?
7 A. THE MECHANICAL VENTILATION IS A VENTILATOR, A
8 RESPIRATOR. AND --
9 Q. SO THAT'S HELPFUL. SO IN OTHER WORDS, THIS MACHINE
10 WE'RE TALKING ABOUT BEFORE THAT ACTUALLY ALLOWS THE LUNGS TO
11 DO THEIR THING IS SOMETHING YOU DID NOT WANT AND DIRECTED
12 THE HOSPITAL NOT TO PROVIDE, TRUE?
13 A. THAT'S CORRECT.
14 Q. AND THEN WE HAVE C.P.R., CARDIOPULMONARY RESUSCITATION.
15 THAT IS ALSO SOMETHING YOU DIRECTED THAT THE HOSPITAL SHOULD
16 NOT DO, TRUE?
17 A. YES.
18 Q. AND THEN WE HAVE CHEST COMPRESSIONS. THAT'S SOMETHING
19 YOU DIRECTED THEM NOT TO DO, TRUE?
20 A. THAT'S CORRECT.
21 Q. CARDIAC MEDICATION WAS SOMETHING YOU DIRECTED THEM NOT
22 TO DO, TRUE?
23 A. YES.
24 Q. AND THEN WE HAVE DEFIBRILLATION. DO YOU SEE THAT?
25 A. YES. YES.
559
1 Q. AND THAT'S ALSO SOMETHING YOU DIRECTED THEM NOT TO DO?
2 A. YES.
3 Q. AND IT'S TRUE THAT DEFIBRILLATION IS ESSENTIALLY SOME
4 WAY OF JUMP-STARTING THE HEART?
5 A. YES.
6 Q. AND WOULD YOU CONSIDER THOSE, THE DEFIBRILLATION, THE
7 CARDIAC MEDICATION, THE CHEST COMPRESSION OR THE C.P.R. AS
8 BEING WHAT ARE CALLED EXTRAORDINARY MEASURES?
9 A. I WOULD CALL THEM LIFE SAVING MEASURES, NOT NECESSARILY
10 EXTRAORDINARY MEASURES.
11 Q. OKAY. AS ANY OF THE FIRST COLUMN THERE WOULD YOU
12 CONSIDER EXTRAORDINARY MEASURES?
13 A. NO, I WOULD NOT.
14 Q. AND THEN UNDER THE NEXT COLUMN WE HAVE NO TO
15 CHEMOTHERAPY, TRUE?
16 A. YES.
17 Q. NO TO RADIATION, CORRECT?
18 A. YES.
19 Q. IT SAYS NO TO SURGERY AND IT HAS IN PARENTHESIS, ADVISE
20 FAMILY. DO YOU SEE THAT?
21 A. YES.
22 Q. NO TO I.V. FLUIDS, CORRECT?
23 A. YES.
24 Q. YOU UNDERSTAND THAT UNDER CERTAIN CIRCUMSTANCES IF
25 SOMEONE IS NOT RECEIVING I.V. FLUIDS, THAT MEANS THAT THEY
560
1 MAY NOT BE GETTING LIQUIDS OR FOOD?
2 A. YES.
3 Q. AND SO THERE MAY BE CIRCUMSTANCES WHERE THAT PARTICULAR
4 COMPONENTS OF CARE YOU DIRECTED THE HOSPITAL NOT TO PROVIDE
5 TO YOUR MOM, CORRECT?
6 A. THAT'S CORRECT.
7 Q. AND THEN YOU HAVE NO N.G., HAS PARENTHESIS, NASAL
8 GASTRIC TUBE FOR FLUIDS FEEDING, TRUE?
9 A. THAT'S CORRECT.
10 Q. NO TO GASTRIC TUBE, CORRECT?
11 A. THAT'S CORRECT.
12 Q. AND YOU HAVE CHECKED YES TO ORAL ANTIBIOTICS? YES TO
13 I.M. ANTIBIOTICS. TRUE?
14 A. YES.
15 Q. AND JUST FOR THE JURY'S PURPOSES, YOU UNDERSTAND I.M. TO
16 MEAN INTRAMUSCULAR?
17 A. YES.
18 Q. IN OTHER WORDS, IT'S AN INJECTION; IS THAT RIGHT?
19 A. THAT'S CORRECT.
20 Q. IT'S A SHOT?
21 A. THAT'S CORRECT.
22 Q. AND THEN WE HAVE YES TO I.V. ANTIBIOTICS. DO YOU SEE
23 THAT?
24 A. YES, I DO.
25 Q. THAT'S ALSO SOMETHING YOU DIRECTED THE HOSPITAL TO
561
1 PROVIDE, CORRECT?
2 A. YES.
3 Q. AND THERE'S A SIGNATURE DOWN THERE. I'LL POINT IT OUT
4 ON THE ELMO. CAN YOU RECOGNIZE THAT SIGNATURE? IT'S THIS
5 ONE RIGHT HERE. DO YOU REMEMBER SOMEBODY SIGNING IT IN YOUR
6 PRESENCE?
7 A. I ASSUME SOMEONE DID, BUT I CAN'T TELL WHO IT WAS OR
8 READ WHAT THE SIGNATURE IS.
9 Q. OKAY. IN THOSE DIRECTIVES THAT YOU'VE JUST TESTIFIED TO
10 WHICH YOU PROVIDED ON THE 28TH TO THE HOSPITAL, THOSE
11 DIRECTIVES ARE SIMILAR TO THE DIRECTIVES THAT YOUR MOM
12 SIGNED IN 1991; IS THAT CORRECT?
13 A. THAT'S CORRECT.
14 Q. IN OTHER WORDS, YOU WERE ATTEMPTING BY SIGNING THIS ON
15 HER BEHALF TO DO WHAT YOU UNDERSTOOD TO BE HER DESIRES AND
16 HER WISHES, TRUE?
17 A. THAT'S CORRECT.
18 Q. NOW, IT'S TRUE, IS IT NOT, THAT YOUR MOM AFTER THE DISK
19 SURGERY, SHE DID SUFFER SOME CHRONIC BACK PAIN; IS THAT
20 CORRECT?
21 A. YES.
22 Q. AND IN FACT, THE CHRONIC BACK PAIN WAS TREATED IN PART
23 BY MEDICATIONS AT THE NURSING HOME; IS THAT CORRECT?
24 A. YES.
25 Q. AND ONE OF THOSE MEDICATIONS THAT WAS PROVIDED WAS A
562
1 PAIN MEDICATION, TRUE?
2 A. YES.
3 Q. AND THE PAIN MEDICATION WAS A NARCOTIC OR PRESCRIBED
4 PAIN MEDICATION, CORRECT?
5 A. YES. YES.
6 Q. IN FACT, IT WAS CALLED HY-PHEN; IS THAT CORRECT?
7 A. YES.
8 Q. AND IT'S TRUE, IS IT NOT, THAT THAT PAIN MEDICATION AT
9 THE NURSING HOME GIVEN TO HER FOR HER BACK WAS GIVEN ON WHAT
10 IS CALLED A P.R.N. BASIS?
11 A. YES.
12 Q. AND AS A NURSE YOU UNDERSTAND THAT P.R.N. MEANS AS
13 NEEDED, TRUE?
14 A. YES.
15 Q. AND THAT'S WHERE THE NURSE WOULD ESSENTIALLY ASSESS THE
16 SIGNS, SYMPTOMS OR THE CONDITION OF YOUR MOM AND IF THEY
17 OBSERVED OR PERCEIVED PAIN, THEN PERHAPS THEY WOULD ORDER
18 THE MEDICATION OR GIVE THE MEDICATION TO YOUR MOM; IS THAT
19 CORRECT?
20 A. YES.
21 Q. AND SIMILARLY WHEN YOU CAME TO THE HOSPITAL ON THE 7TH
22 AND YOU CAME INTO THE ROOM AND YOU SAW YOUR MOM, I'M SURE
23 YOU WERE MAKING SOME ASSESSMENTS ABOUT HER CONDITION BASED
24 UPON YOUR NURSING BACKGROUND, WERE YOU NOT?
25 A. I WAS A DAUGHTER. I WASN'T PLAYING THE ROLE OF A NURSE
563
1 AT THAT TIME.
2 Q. I WASN'T SUGGESTING THAT. BUT OBVIOUSLY YOUR
3 TRAINING -- YOU ARE CONCERNED ABOUT YOUR MOM'S CONDITION,
4 WERE YOU NOT?
5 A. YES.
6 Q. AND AT THE TIME WHEN YOU SAW HER YOU TESTIFIED THAT
7 THERE WAS SOME GURGLING SOUNDS?
8 A. YES.
9 Q. WAS THERE ANY DOUBT IN YOUR MIND AS A DAUGHTER USING
10 YOUR NURSING BACKGROUND, THAT YOU THOUGHT THAT YOUR MOM'S
11 PHYSICAL CONDITION AT THAT TIME WHEN YOU FIRST OBSERVED HER
12 WAS SERIOUS?
13 A. COULD YOU REPEAT THAT, PLEASE?
14 Q. SURE. WAS THERE ANY DOUBT IN YOUR MIND AS YOU LOOKED AT
15 YOUR MOM THAT YOU THOUGHT SHE WAS IN SERIOUS MEDICAL
16 CONDITION?
17 A. THERE WAS NO DOUBT IN MY MIND.
18 Q. NO DOUBT. AND DID YOU HAVE ANY CONCERNS BASED UPON THE
19 GURGLING SOUNDS THAT YOU HEARD? DID THAT HAVE ANY
20 SIGNIFICANCE TO YOU, THE FACT THAT YOU PERCEIVED THAT?
21 A. JUST THAT SHE WAS CLOSE TO DEATH.
22 Q. THAT WAS YOUR IMPRESSION AND YOUR UNDERSTANDING AT THE
23 TIME?
24 A. YES.
25 Q. AND THAT WAS BEFORE YOUR CONVERSATION THAT YOU TESTIFIED
564
1 TO WITH DR. WEITZEL; IS THAT TRUE?
2 A. THAT'S CORRECT.
3 Q. NOW, IT'S TRUE, IS IT NOT, THAT YOUR MOM HAD A STROKE, I
4 GUESS IN 1990; IS THAT RIGHT?
5 A. THAT'S CORRECT.
6 Q. AND SHE ALSO FRACTURED HER PELVIC BONE IN JUNE OF 1995?
7 A. I BELIEVE THAT WAS THE DATE.
8 Q. AND THAT WAS A RESULT OF A FALL IN THE NURSING HOME,
9 CORRECT?
10 A. YES.
11 Q. AND IT'S TRUE, IS IT NOT, THAT YOU TOOK HER TO THE
12 HOSPITAL AT ALTA VIEW IN MARCH OF 1994?
13 A. I DID NOT TAKE HER TO THE ALTA VIEW HOSPITAL.
14 Q. DO YOU RECALL AN EVENT WHERE YOUR MOM WENT TO THE
15 HOSPITAL, ALTA VIEW, IN MARCH OF 1994 COMPLAINING OF CHEST
16 PAIN?
17 A. I DON'T RECALL CHEST PAIN.
18 Q. WHAT DO YOU RECALL SHE WAS IN THE ALTA VIEW HOSPITAL
19 FOR?
20 A. I'M REALLY SORRY, BUT I DON'T REMEMBER WHAT THE
21 COMPLAINTS WERE THAT TOOK HER TO THE HOSPITAL.
22 Q. BUT DO YOU REMEMBER THAT SHE HAD SUCH A VISIT?
23 A. I REMEMBER GOING TO THE ALTA VIEW HOSPITAL.
24 Q. AND YOUR TESTIMONY IS THAT YOU WERE NOT PRESENT WITH HER
25 AT THAT TIME?
565
1 A. THERE WAS PARAMEDICS TOOK HER TO THE HOSPITAL AND I MET
2 HER. TOOK HER FROM THE NURSING HOME TO THE HOSPITAL AND I
3 MET THEM AT THE HOSPITAL.
4 Q. SO YOU WERE THERE AND SHE WAS IN THE EMERGENCY ROOM,
5 CORRECT?
6 A. YES.
7 Q. AND DO YOU RECALL THAT SHE WAS COMPLAINING OF HEADACHES?
8 A. I DON'T RECALL THE SPECIFICS. I DON'T RECALL THE
9 DETAILS OF THAT VISIT.
10 Q. DO YOU RECALL IF SHE WAS COMPLAINING OF CHEST PAIN
11 RADIATING DOWN TO HER NECK AND HER ARMS?
12 A. I DON'T RECALL THAT.
13 Q. DO YOU RECALL IF SHE GOT MORPHINE MEDICATION IN THAT
14 VISIT?
15 A. NO.
16 Q. YOU DON'T HAVE ANY RECOLLECTION OF THAT?
17 A. I DON'T HAVE MUCH RECOLLECTION OF THAT VISIT TO THE
18 EMERGENCY ROOM.
19 Q. NOW, WHEN SHE WENT TO ALTA VIEW, DO YOU RECALL BEING
20 THERE AND YOU RECALL THAT WHAT HAPPENED THAT PARTICULAR
21 EVENT, DO YOU HAVE ANY RECOLLECTION AT THAT TIME OF TALKING
22 WITH A DOCTOR ABOUT CIRCUMSTANCES THAT MIGHT ENSUE IN TERMS
23 OF AGGRESSIVE MEASURES BEING PROVIDED FOR HER CARE IN THE
24 EVENT SHE BECAME SERIOUSLY ILL OR TERMINAL?
25 A. AS I STATED, I DON'T RECALL MUCH AT ALL OTHER THAN BEING
566
1 AT THE HOSPITAL.
2 Q. OKAY. SO YOU DON'T REMEMBER SUCH A CONVERSATION --
3 A. NO, I DON'T.
4 Q. -- AT THAT POINT ABOUT WHAT SHOULD BE DONE IN THE EVENT
5 YOUR MOM WOULD BECOME SERIOUSLY ILL?
6 A. NO. I ASSUME IT WOULD HAVE TAKEN PLACE. I DON'T RECALL
7 IT, THOUGH.
8 Q. DO YOU RECALL ANYTHING ABOUT THE CIRCUMSTANCES OF A
9 DISCUSSION ABOUT HER LIVING WILL?
10 A. NO, I DON'T.
11 Q. NOW, I WANT YOU, IF YOU WOULD, YOU STILL HAVE EXHIBIT 5
12 IN FRONT OF YOU?
13 A. UH-HUH.
14 Q. IF YOU COULD TURN TO -- THERE IS A SECTION THAT'S CALLED
15 DISCHARGE. IT'S SORT OF ALMOST THE LAST HALF.
16 A. UH-HUH.
17 Q. TURN TO THAT, PLEASE. AND THERE IS A DOCUMENT I WANT
18 YOU TO TURN TO WHICH IS MED-00355. DO YOU SEE THAT?
19 A. YES, I DO.
20 MR. STIRBA: IF I MAY HAVE A MOMENT TO CHECK WITH
21 MY TECHNICAL CONSULTANT, YOUR HONOR.
22 MR. WILSON: I'M GOING TO INTERPOSE AN OBJECTION AS
23 TO TESTIMONY RELATING TO THIS DOCUMENT. NOWHERE ON THE
24 DOCUMENT DOES THE WITNESS'S NAME APPEAR. IT IS A PART OF
25 THE MEDICAL RECORD AND I DON'T KNOW WHAT FOUNDATION WE HAVE
567
1 FOR RELEVANCY OF HER TESTIFYING AS TO THESE PARTICULAR -- AS
2 TO THIS PARTICULAR DOCUMENT?
3 THE COURT: I HAVEN'T HEARD THE QUESTION.
4 MR. STIRBA: YOUR HONOR, THIS IS EVIDENCE THAT'S
5 ALREADY BEEN INTRODUCED, I THOUGHT.
6 THE COURT: I THOUGHT IT WAS SUBJECT TO REVIEWING
7 THOSE THINGS.
8 MR. STIRBA: JUST IN TERMS OF THE TRANSCRIPTS. I
9 THINK THE REST OF IT IS FINE.
10 THE COURT: AS I UNDERSTOOD IS THE MEDICAL RECORDS
11 THE CHARTS OR THE THREE-RING BINDER FOR EACH PATIENT YOU
12 ASKED TO BE ADMITTED INTO --
13 MR. WILSON: I HAVE NO PROBLEM WITH THAT. I
14 JUST -- I WOULD MAYBE MR. STIRBA CAN MAKE A PROFFER AS TO --
15 OR AT LEAST ESTABLISH SOME FOUNDATION AS TO HER FAMILIARITY
16 WITH THIS PARTICULAR RECORD.
17 THE COURT: WELL, LET'S PROCEED BY QUESTION.
18 Q. (BY MR. STIRBA) DO YOU HAVE THAT IN FRONT OF YOU?
19 A. YES.
20 Q. THAT HAS AT THE TOP, DOES IT NOT, DAVIS HOSPITAL AND
21 MEDICAL CENTER?
22 A. YES, IT DOES.
23 Q. AND THEN THERE'S AN ADMISSION DATE, YOUR MOM'S NAME AND
24 THEN THERE IS ADMISSION DATE OF 12/28/95 AND THE DISCHARGE
25 DATE. DO YOU SEE THAT?
568
1 A. YES.
2 Q. AND THEN IF YOU LOOK DOWN ON THE DOCUMENT IT HAS WHAT IS
3 CALLED A PRINCIPAL DIAGNOSIS?
4 A. YES.
5 Q. AND DO YOU KNOW WHAT A DIAGNOSIS IS?
6 A. IT'S THE DOCTOR'S INTERPRETATION OR ASSESSMENT OF WHAT
7 THE PATIENT'S ILLNESS IS.
8 Q. AND THEN THERE'S A NUMBER WHICH IS 29634. DO YOU
9 UNDERSTAND THAT TO BE WHAT IS CALLED A CODE NUMBER FOR A
10 DIAGNOSIS?
11 A. THE DIAGNOSTIC CODES.
12 Q. YES?
13 A. YES.
14 Q. AND IN FACT, WHAT THE HOSPITALS DO IS THEY HAVE CERTAIN
15 DIAGNOSTIC CODES FOR VARIOUS DIAGNOSES --
16 MR. WILSON: YOUR HONOR, I'M GOING TO POSE AN
17 OBJECTION HERE. I THINK MR. STIRBA IS TESTIFYING. HE'S NOT
18 ASKING QUESTIONS.
19 THE COURT: OVERRULED. THIS IS CROSS EXAMINATION.
20 I DON'T THINK HE GOT THE QUESTION OUT. GO AHEAD.
21 Q. (BY MR. STIRBA) AND THE HOSPITALS USE THESE CODES,
22 THESE NUMBERS FOR PURPOSES OF BILLING; IS THAT RIGHT?
23 A. YES.
24 Q. NOW, UNDER PRINCIPAL DIAGNOSIS THE HOSPITAL INDICATED
25 MAJOR DEPRESSIVE AFFECTIVE DISORDER RECURRENT EPISODE SEVERE
569
1 WITH PSYCHOTIC BEHAVIOR. DID I READ THAT CORRECTLY?
2 A. YES.
3 Q. AND THEN UNDERNEATH THERE WE HAVE SECONDARY DIAGNOSES
4 AND ONCE AGAIN WE HAVE THE CODE NUMBERS. AND I'LL JUST READ
5 THEM TO MAKE SURE WE GET THEM CORRECT. THIS IS WHAT THE
6 HOSPITAL INDICATED ON THIS FORM. URINARY TRACT INFECTION.
7 SITE NOT SPECIFIED. DO YOU SEE THAT?
8 A. YES.
9 Q. WERE YOU AWARE OF THE FACT THAT ON ADMISSION IT WAS
10 DETERMINED THAT YOUR MOM HAD A URINARY TRACT INFECTION?
11 A. NO.
12 Q. BUT YOU'VE TESTIFIED THAT CERTAINLY GIVEN HER HISTORY,
13 THAT WOULDN'T SURPRISE YOU; IS THAT CORRECT?
14 A. THAT'S CORRECT.
15 Q. IN OTHER WORDS, THAT WAS A CHRONIC PROBLEM THAT
16 GENERALLY SHE HAD.
17 A. THAT'S CORRECT.
18 Q. AND ISN'T IT TRUE THAT THAT INFECTION SOMETIMES CAN BE
19 MORE SERIOUS AND IN FACT WERE MORE SERIOUS IN YOUR MOM'S
20 CASE IN MARCH OF 1994. DO YOU REMEMBER THAT?
21 A. I REMEMBER A SERIOUS INFECTION.
22 Q. DO YOU REMEMBER WHEN THEY GOT TO ALTA VIEW ON THAT MARCH
23 VISIT, ONE OF THE CONCERNS THAT THE DOCTOR HAD WAS THAT YOUR
24 MOM MIGHT HAVE BEEN WHAT THEY CALL SEPTIC. DO YOU REMEMBER
25 THAT?
570
1 A. I DON'T REMEMBER MUCH ABOUT THAT VISIT. I REMEMBER
2 BEING THERE, BUT I DON'T REMEMBER.
3 Q. I'M TRYING TO ASK YOU DIFFERENT QUESTIONS THAT WILL
4 REFRESH YOU.
5 A. I JUST DON'T.
6 Q. YOU DON'T REMEMBER THAT?
7 A. NO.
8 Q. IT'S TRUE, IS IT NOT, THAT PRIOR TO THE HOSPITALIZATION
9 AT DAVIS YOUR MOM HAD OCCASION WHEN THERE WAS A CONCERN
10 WHETHER SHE HAD BECOME SEPTIC?
11 A. I DON'T REMEMBER SPECIFICALLY SPEAKING OF SEPSIS. SHE
12 HAD URINARY TRACT INFECTIONS.
13 Q. AND YOU UNDERSTAND THAT JUST GENERALLY IF SOMEONE IS
14 SEPTIC OR ASEPSIS, THAT'S VERY SERIOUS AND CAN BE A
15 LIFE-THREATENING MEDICAL CONDITION?
16 A. YES.
17 Q. NOW, THE NEXT ONE THAT THE HOSPITAL INDICATED AS A
18 SECONDARY DIAGNOSIS IS THIS HYPOSMOLARITY -- PROBABLY
19 BUTCHERED THAT -- AND OR HYPONATREMIA?
20 A. YES.
21 Q. NOW, THE ONE, I THINK THE ONE ON THE RIGHT, THE FANCY
22 ONE, HYPONATREMIA, THAT HAS TO DO WITH HER LOW SODIUM?
23 A. THAT'S CORRECT.
24 Q. DO YOU HAPPEN TO KNOW WHAT THE OTHER CONDITION IS?
25 A. I HAVEN'T WORKED WITH THAT KIND OF STUFF FOR SO LONG, I
571
1 DON'T KNOW THAT I COULD EVEN EXPLAIN IT.
2 Q. THEN THE NEXT WE HAVE IS WHAT THEY CALL ALKALOSIS. DO
3 YOU KNOW WHAT THAT IS?
4 A. YES.
5 Q. WHAT IS THAT?
6 A. THAT'S AN EXCESS OF BASE. IT'S A P.H. MEASUREMENT. YOU
7 ARE ACIDOTIC IF YOU HAVE TOO MUCH ACID AND YOU ARE ALKALOTIC
8 IF YOU HAVE TOO MUCH BASE.
9 Q. IS THIS IN THE BLOOD OR SOME OTHER --
10 A. WELL, I'VE ALWAYS SEEN IT MEASURED IN THE BLOOD. THIS
11 DOESN'T SEEM TO SPECIFY IF IT COULD BE A URINE P.H. OR
12 GASTRIC P.H. OR ANYTHING ELSE.
13 Q. THEN WE HAVE CONVULSIONS. TRUE?
14 A. YES.
15 Q. AND YOU'VE TESTIFIED THAT THE HOSPITAL INFORMED YOU ON
16 THE 7TH THAT YOUR MOM EXPERIENCED EITHER A SEIZURE EPISODE
17 OR A STROKE; IS THAT CORRECT?
18 A. YES.
19 Q. AND THAT WAS COMMUNICATED TO YOU BY A REPRESENTATIVE OF
20 THE HOSPITAL?
21 A. YES.
22 Q. DO YOU KNOW WHO THAT WAS?
23 A. NO, I DO NOT.
24 Q. AND THAT WAS JUST IN A PHONE CALL TO YOUR BROTHER WHO
25 THEN TALKED TO YOU; IS THAT RIGHT?
572
1 A. NO. I RECEIVED THE PAGE AND RETURNED THE CALL.
2 Q. AND THEN THEY PUT DOWN PNEUMONITIS DUE TO INHALATION OF
3 FOOD OR VOMITUS. DO YOU SEE THAT?
4 A. YES.
5 Q. IS THAT A FANCY WAY OF SAYING THAT THERE WAS SOME
6 PROBLEM IN THE LUNGS AS A RESULT OF THE INABILITY TO EXHALE
7 FOOD OR SWALLOWING?
8 A. DUE TO SWALLOWING AND ASPIRATION.
9 Q. OKAY. AND THEN WE HAVE RESPIRATORY FAILURE. TRUE?
10 A. YES.
11 Q. AND THEN FINALLY WE HAVE BACTERIAL INFECTION DUE TO
12 BACTERIA. DO YOU SEE THAT?
13 A. UH-HUH, YES.
14 Q. WOULD A BACTERIAL INFECTION DUE TO BACTERIA, WOULD THAT
15 BE CONSISTENT WITH WHAT YOU UNDERSTAND SEPSIS TO BE?
16 A. NO. I BELIEVE THAT COULD BE ANY BACTERIAL INFECTION.
17 THIS DOESN'T SAY SEPSIS.
18 Q. IT DOESN'T. IT COULD BE, BUT ALSO COULD BE SOMETHING
19 ELSE; IS THAT CORRECT?
20 A. YES.
21 Q. AND THEN WE HAVE SENILE DEMENTIA WITH DEPRESSIVE
22 FEATURES?
23 A. YES.
24 Q. AND FINALLY WE HAVE A SECONDARY DIAGNOSIS OF ALZHEIMERS
25 DISEASE, TRUE?
573
1 A. YES. AND I WAS NEVER TOLD MY MOTHER HAD ALZHEIMERS
2 DISEASE.
3 Q. WAS SHE IN THE ALZHEIMERS UNIT AT THE CARE CENTER?
4 A. SHE WAS IN THE -- IT WAS CALLED THE SPECIAL NEEDS UNIT.
5 THERE WERE OTHER PATIENTS THAT DID NOT HAVE ALZHEIMERS THAT
6 WERE IN THE UNIT.
7 Q. SO NO ONE EVER MADE A DEFINITIVE DIAGNOSIS OF
8 ALZHEIMERS; IS THAT CORRECT?
9 A. THAT'S RIGHT.
10 THE COURT: ARE YOU ABOUT DONE?
11 MR. STIRBA: I'M CLOSE, BUT I HESITATE TO SAY I'M
12 ABOUT DONE.
13 THE COURT: THEN LADIES AND GENTLEMEN, WHY DON'T WE
14 TAKE A BREAK. WE'VE BEEN GOING OVER AN HOUR. AND AT THIS
15 TIME I JUST WANT TO REMIND YOU IT'S YOUR DUTY NOT TO
16 CONVERSE AMONG YOURSELVES AS A JURY OR TO CONVERSE WITH
17 ANYONE ELSE OR ALLOW YOURSELVES TO BE ADDRESSED BY ANY
18 PERSON REGARDING THE SUBJECT OF THIS TRIAL. IT IS ALSO YOUR
19 DUTY NOT TO FORM OR EXPRESS AN OPINION UNTIL THE CASE IS
20 FINALLY SUBMITTED TO YOU. WE'LL COME BACK AT JUST SHORTLY
21 AFTER 10:30, WHATEVER 15 MINUTES IS FROM RIGHT NOW.
22 (WHEREUPON, COURT WAS IN RECESS.)
23 THE COURT: PLEASE BE SEATED. THE RECORD SHOULD
24 REFLECT THAT COUNSEL AND DEFENDANT ARE PRESENT WITH ALL
25 MEMBERS OF THE JURY. MR. STIRBA, IF WE COULD HAVE THE
574
1 WITNESS, MISS BRINGHURST, IF YOU WOULD COME BACK TO THE
2 STAND.
3 MR. STIRBA: YOUR HONOR, THE BREAK WAS HELPFUL. I
4 HAVE NO FURTHER QUESTIONS.
5 THE COURT: WASN'T THAT A GOOD BREAK? MR. WILSON,
6 DO YOU HAVE ANYTHING FURTHER?
7 REDIRECT EXAMINATION
8 BY MR. WILSON:
9 Q. KAREN, FIRST OF ALL, DO YOU RECALL INITIALLY IN YOUR
10 CROSS-EXAMINATION YOU WERE ASKED THE QUESTION, DID YOU SPEAK
11 TO ANY PHYSICIAN RELATED TO THE MEDICATIONS FOR YOUR MOTHER.
12 I THINK YOUR ANSWER WAS NO. CAN YOU TELL THE JURY WHY YOU
13 DIDN'T SPEAK TO ANY PHYSICIANS AS TO THE MEDICATIONS ABOUT
14 YOUR MOTHER?
15 A. WE UNDERSTOOD THAT THESE WERE THE EXPERT PEOPLE WHO TAKE
16 CARE OF THE PSYCHIATRIC PROBLEMS AND WE TRUSTED THE EXPERTS,
17 THE DOCTORS, TO MAKE THE APPROPRIATE DECISIONS.
18 Q. I'M GOING TO SHOW YOU AGAIN WHAT YOU WERE PREVIOUSLY
19 SHOWN. THIS IS LOCATED AS UNDER THE MEDICAL LEGAL SECTION
20 MED-0336. IF YOU COULD TURN TO THAT?
21 A. UH-HUH.
22 Q. IN REVIEWING THAT DOCUMENT -- JUST SHORTLY REVIEW THAT
23 IF YOU WOULD, PLEASE. THE CHECK MARKS THAT YOU'VE MADE ON
24 THAT PARTICULAR DOCUMENT -- AND I KNOW WE CAN'T SHOW THIS ON
25 HERE. BUT -- EXCUSE ME, YOUR HONOR?
575
1 THE COURT: I WAS SAYING THE ONE COLUMN WAS OFF THE
2 SCREEN.
3 Q. (BY MR. WILSON) THIS WAS THE DOCUMENT, IF I PUSH IT
4 UP, THAT YOU IDENTIFIED AS HAVING BEEN PREVIOUSLY SIGNED BY
5 YOUR MOTHER BACK IN '91?
6 A. YES.
7 Q. OKAY. NOW, IF YOU'LL TURN TO MED-341. THAT WAS THE
8 DOCUMENT THAT YOU SIGNED AT THE HOSPITAL UPON HER ADMISSION;
9 IS THAT CORRECT?
10 A. YES, IT IS.
11 Q. CAN YOU TELL THE JURY IN COMPARING THOSE TWO DOCUMENTS,
12 DID YOU FOLLOW THE EXACT SAME FORMAT IN THE CHECK MARKS ON
13 BOTH DOCUMENTS?
14 A. I ATTEMPTED TO. MAY I COMPARE?
15 Q. YES, IF YOU WOULD, PLEASE.
16 A. YES, THEY ARE THE SAME.
17 Q. OKAY. SO DID YOU HAVE -- DID YOU BRING THAT MED-0336
18 DOCUMENT WITH YOU AT THE TIME THAT YOU ADMITTED YOUR MOTHER
19 TO THE HOSPITAL?
20 A. I BELIEVE IT WOULD HAVE BEEN PART OF THE TRANSFER
21 DOCUMENTS THAT CAME FROM THE NURSING HOME.
22 Q. OKAY. THE FIRST TIME YOU'VE SEEN AGAIN DOCUMENT NUMBER
23 MED-3041 WAS AT THE HOSPITAL, I ASSUME?
24 A. YES. THAT 041 OR 341?
25 Q. OKAY.
576
1 A. YES.
2 Q. WAS THIS ONE OF THE ADMISSION FORMS THAT YOU WERE
3 REQUESTED TO FILL OUT AT THAT TIME?
4 A. I DON'T REMEMBER SPECIFICALLY THE TIME DOING THIS, BUT
5 IT WAS THE DATE OF ADMISSIONS, SO I WOULD ASSUME IT WAS ONE
6 OF THE FIRST FORMS.
7 Q. ALL RIGHT. AND YOU NOTE THAT IT BEARS THE SIGNATURE OR
8 THE PURPORTED SIGNATURE OF THE ATTENDING PHYSICIAN, DR.
9 WEITZEL, ON THAT DOCUMENT DATED 12/30 OF '95?
10 A. YES, I DO.
11 Q. DR. WEITZEL EVER MEET WITH YOU AND DISCUSS THIS MEDICAL
12 TREATMENT PLAN WITH YOU?
13 A. NO.
14 Q. DID ANYBODY REALLY SIT DOWN AND DISCUSS THIS MEDICAL
15 TREATMENT PLAN WITH YOU?
16 A. NO.
17 Q. OKAY. SO HOW WAS IT YOU FILLED OUT THE MEDICAL
18 TREATMENT PLAN?
19 A. I TRIED TO CARRY OUT MY MOTHER'S CHOICES.
20 Q. SO IT WAS BASICALLY BASED UPON YOUR UNDERSTANDING OF
21 WHAT YOUR MOTHER'S CHOICES WERE THAT SHE HAD REFERENCED TO
22 YOU; IS THAT CORRECT?
23 A. THAT'S CORRECT.
24 Q. OKAY. WHEN YOU ENTERED THAT HOSPITAL ROOM ON THE 7TH OF
25 JANUARY IN THE AFTERNOON --
577
1 MS. BARLOW: YOUR HONOR, MAY I JUST --
2 MR. WILSON: I'LL WITHDRAW THAT QUESTION, YOUR
3 HONOR.
4 Q. THERE'S NO PATIENT NAME ON THAT FORM, IS THERE?
5 A. THIS STAMP UP ABOVE.
6 Q. STAMPED UP AT THE TOP?
7 A. YES.
8 Q. BUT THERE'S NOTHING FILLED IN THE BLANKS HERE?
9 A. THAT'S CORRECT.
10 Q. AND THERE'S NOTHING FILLED IN THE BLANKS RELATIVE TO THE
11 CERTIFICATION?
12 A. THAT'S CORRECT.
13 Q. OKAY. AND THERE'S NOTHING INDICATED DIRECTED BY THE
14 DECLARANT OR THE DECLARANT HAS A PHYSICAL OR MENTAL
15 CONDITION WHICH IS UNABLE TO GIVE HER PERSONAL DIRECTION FOR
16 THE CARE AND TREATMENT?
17 A. THAT'S CORRECT.
18 Q. NOW, YOU'VE PREVIOUSLY ENTERED, DID YOU NOT, A DOCUMENT
19 WHERE YOU WERE APPOINTED POWER OF ATTORNEY?
20 A. YES.
21 Q. OKAY. WAS THAT AT THE SAME TIME THAT THIS DOCUMENT --
22 MAYBE YOU COULD TURN TO THAT DOCUMENT. I THINK IT'S THE
23 NEXT PAGE OVER.
24 A. IT WAS CALLED A SPECIAL POWER OF ATTORNEY, THEY TOLD ME.
25 Q. IS THAT -- CAN YOU TELL US WHAT THE MEDICAL RECORD
578
1 NUMBER IS ON THAT?
2 A. 00340.
3 Q. OKAY. MAYBE COUNSEL CAN GIVE THAT TO ME. THIS IS THE
4 DOCUMENT YOU ARE TALKING ABOUT?
5 A. NO, I'M SORRY. I WASN'T ON THAT PAGE. YES. NOW I SEE
6 IT. YES.
7 Q. EXCUSE ME. 00339?
8 A. YES.
9 Q. OKAY. AND CAN YOU IDENTIFY THE HANDWRITING ON THAT
10 PARTICULAR DOCUMENT?
11 A. I FILLED OUT THE TOP PORTION. MY MOTHER SIGNED IT. AND
12 I FILLED IN THE ADDRESS AND THE CITY AND THE STATE AT THE
13 BOTTOM. THAT'S MY HANDWRITING.
14 Q. OKAY. SO YOUR MOTHER APPOINTED YOU SPECIAL POWER OF
15 ATTORNEY AND THIS WAS A DOCUMENT THAT WAS PROVIDED TO YOU BY
16 THE HOSPITAL; IS THAT CORRECT?
17 A. YES.
18 Q. AND WERE YOU REQUESTED TO FILL THAT OUT AT THAT TIME?
19 A. YES. THEY -- WE BARELY GOT MOM TO THE ROOM AND THE
20 NOTARY WAS THERE TO HAVE THE FORM FILLED OUT AND NOTARIZED.
21 Q. OKAY. DID ANYBODY EXPLAIN TO YOU THE NATURE OF THIS
22 DOCUMENT AND WHAT IT MEANT?
23 A. AS I RECALL THEY SAID THAT IF MOM WAS UNABLE TO MAKE
24 DECISIONS THAT I WOULD BE ABLE TO MAKE HER MEDICAL
25 DECISIONS.
579
1 Q. OKAY. SO YOUR MOTHER OBVIOUSLY WAS CAPABLE OF SIGNING
2 THIS SPECIAL POWER OF ATTORNEY AT THAT TIME; IS THAT RIGHT?
3 A. THAT'S CORRECT.
4 Q. DID YOU TAKE THE MEANING OF THAT TO MEAN THAT SOMETHING
5 THAT MAY OCCUR AT A LATER TIME OR AT THAT TIME, WAS YOUR
6 MOTHER CAPABLE OF MAKING DECISIONS AT THAT TIME THAT SHE
7 EXECUTED THIS DOCUMENT?
8 A. YES. SHE WAS ALERT WHEN I TOOK HER IN.
9 Q. OKAY. I GUESS MY QUESTION IS, IS WHEN THEY EXPLAINED TO
10 YOU THAT THIS WAS A SPECIAL POWER OF ATTORNEY THAT -- TO ACT
11 ON HER BEHALF AT A TIME IF SHE WAS UNABLE TO, THAT WAS NOT
12 AT THAT TIME?
13 A. THAT'S CORRECT.
14 Q. OKAY. NOW, GOING BACK TO MY QUESTION AS IT RELATED TO
15 THE GOING INTO THE ROOM ON THAT DATE, DID YOU FORM IN YOUR
16 OWN MIND AN OPINION -- WELL, NO. LET ME STRIKE THAT. YOU'D
17 RECEIVED AN EARLIER PHONE CALL AND YOU'D BEEN TOLD THAT YOUR
18 MOTHER -- WHAT HAD YOU BEEN TOLD EARLIER BY THE NURSE?
19 MR. STIRBA: YOUR HONOR, IT'S ASKED AND ANSWERED
20 TWICE.
21 THE COURT: WE REPEATING THE SAME THING?
22 MR. WILSON: WE ARE, YOUR HONOR. I WANTED TO GET
23 HER EXACT STATE OF MIND AT THE TIME THAT SHE WALKED INTO
24 THAT ROOM, WHAT SHE WAS AWARE OF AT THE TIME SHE WALKED INTO
25 THE ROOM, AND I THINK IT'S IMPORTANT FOR THE PURPOSES OF
580
1 THIS QUESTION THAT I ESTABLISH THAT FRAMEWORK BEFORE I ASK
2 THE NEXT QUESTION.
3 THE COURT: OKAY. LET'S NOT TRY TO REPEAT.
4 MR. WILSON: THANK YOU, YOUR HONOR.
5 Q. WHAT WAS IT YOU WERE TOLD ON THE TELEPHONE PRIOR TO
6 GOING TO THE HOSPITAL ON JANUARY THE 7TH?
7 A. THAT SOMETHING HAD HAPPENED, EITHER A SEIZURE OR A
8 STROKE, AND THAT WE NEEDED TO COME TO THE HOSPITAL.
9 Q. SO WHEN YOU WALKED INTO THAT ROOM AND SEEN YOUR MOTHER,
10 WHAT WAS YOUR STATE OF MIND AT THAT TIME?
11 A. PRETTY SURPRISED. VERY SURPRISED AND UPSET.
12 Q. DID YOU FORM ANY IMPRESSIONS AS TO WHETHER OR NOT YOUR
13 MOTHER WAS TERMINAL AT THAT POINT?
14 A. SHE WAS VERY UNRESPONSIVE. I DIDN'T BELIEVE SHE WOULD
15 SURVIVE.
16 Q. HAD YOU BEEN TOLD BY ANYBODY AT THAT POINT THAT SHE WAS
17 DYING?
18 A. NO. I DON'T RECALL BEING TOLD THAT.
19 Q. OKAY. SO THE FIRST TIME, I TAKE IT, THAT YOU WERE TOLD
20 THAT WAS IN YOUR CONVERSATION WITH DR. WEITZEL; IS THAT
21 CORRECT?
22 MR. STIRBA: YOUR HONOR, I'M GOING TO OBJECT --
23 THE COURT: SUSTAINED.
24 MR. STIRBA: -- LEADING AND SUGGESTIVE AND BEYOND
25 THE SCOPE OF CROSS EXAMINATION.
581
1 THE COURT: SUSTAINED.
2 Q. (BY MR. WILSON) LET ME ASK YOU A COUPLE OF OTHER
3 QUESTIONS AS IT RELATES TO A DOCUMENT THAT WAS SHOWN TO YOU
4 BY COUNSEL IDENTIFIED AS MED RECORDS 00355. CAN YOU TURN TO
5 THAT?
6 A. YES.
7 Q. YOU WERE PREVIOUSLY ASKED A NUMBER OF QUESTIONS AS IT
8 RELATED TO THAT PARTICULAR DOCUMENT; IS THAT CORRECT?
9 A. YES.
10 Q. DO YOU KNOW WHO AUTHORED THAT DOCUMENT?
11 A. FROM MY NURSING EXPERIENCE --
12 MR. STIRBA: OBJECT, YOUR HONOR. IF SHE KNOWS SHE
13 CAN TELL US.
14 Q. (BY MR. WILSON) DO YOU KNOW WHO AUTHORED THAT
15 DOCUMENT?
16 A. THE PHYSICIAN.
17 Q. WHICH WOULD BE?
18 A. DR. WEITZEL.
19 Q. OKAY. HAD YOU EVER SEEN THIS DOCUMENT BEFORE TODAY'S
20 PROCEEDING?
21 A. NO.
22 MR. WILSON: I HAVE NO FURTHER QUESTIONS, YOUR
23 HONOR.
24 THE COURT: ANYTHING FURTHER OF THIS WITNESS?
25 MR. STIRBA: YES, YOUR HONOR.
582
1 RECROSS-EXAMINATION
2 BY MR. STIRBA:
3 Q. DIDN'T YOU TESTIFY ON CROSS-EXAMINATION THAT WHEN YOU
4 WENT IN AND SAW YOUR MOM ON THE 7TH YOU THOUGHT SHE WAS
5 DYING WHEN YOU FIRST OBSERVED HER; IS THAT RIGHT?
6 A. VERY UNRESPONSIVE.
7 Q. DIDN'T YOU SAY YOU THOUGHT SHE WAS DYING. DIDN'T YOU
8 TESTIFY TO THESE LADIES AND GENTLEMEN THAT ON
9 CROSS-EXAMINATION INITIALLY?
10 A. JUST FROM MR. WILSON.
11 Q. NO. WHEN I ASKED YOU THE QUESTION?
12 A. WHEN YOU ASKED THE QUESTION? I DON'T REMEMBER THE
13 SPECIFIC WORDING. I'M SORRY.
14 Q. AND THE DOCUMENT THAT YOU WERE JUST SHOWN YOU SAID WAS
15 AUTHORED BY THE DOCTOR; IS THAT RIGHT?
16 A. YES.
17 Q. IS THERE A DOCTOR'S SIGNATURE ON THAT DOCUMENT?
18 A. NO, THERE'S NOT.
19 Q. AND IT'S A COMPUTER-GENERATED DOCUMENT, IS IT NOT?
20 A. YES, IT IS.
21 Q. AND IT HAS DAVIS HOSPITAL UP AT THE TOP, CORRECT?
22 A. YES, IT DOES.
23 Q. AND YOU PREVIOUSLY TESTIFIED THAT THE NUMBERS THERE ARE
24 BILLING CODES FOR THE HOSPITAL. TRUE?
25 A. THE DIAGNOSTIC ONES.
583
1 MR. STIRBA: RIGHT. THAT'S ALL I HAVE, YOUR HONOR.
2 THANK YOU.
3 THE COURT: ANYTHING FURTHER OF THIS WITNESS?
4 MR. WILSON: NO, I HAVE NOTHING FURTHER.
5 THE COURT: MAY THIS WITNESS BE EXCUSED?
6 MR. WILSON: WE WOULD ASK SHE BE EXCUSED AT THIS
7 TIME.
8 MR. STIRBA: YES. THAT'S FINE.