Kathy Charlesworth
19 KATHY CHARLESWORTH,
20 CALLED AS A WITNESS, BEING FIRST DULY SWORN,
21 WAS EXAMINED AND TESTIFIED AS FOLLOWS:
22 DIRECT EXAMINATION
23 BY MR. WILSON:
24 Q. MISS CHARLESWORTH, WOULD YOU STATE YOUR FULL NAME FOR
25 THE RECORD PLEASE?
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1 A. KATHY CHARLESWORTH.
2 Q. AND WHERE DO YOU CURRENTLY RESIDE?
3 A. YOU WANT MY HOME ADDRESS OR -- SYRACUSE --
4 Q. OH, JUST THE CITY --
5 A. SYRACUSE, UTAH.
6 Q. -- YOU RESIDE IN WOULD BE FINE. SYRACUSE?
7 A. YES.
8 Q. AND ARE YOU THE DAUGHTER OF MARY CRANE?
9 A. I AM.
10 Q. OKAY. CAN YOU TELL US -- I WANT TO EXPLORE SOME
11 CIRCUMSTANCES SURROUNDING YOUR MOTHER. CAN YOU TELL US HOW
12 OLD YOUR MOTHER WAS AT THE TIME THAT SHE DIED?
13 A. 72.
14 Q. AND PRIOR TO HER DEATH, CAN YOU TELL US, WAS SHE
15 RESIDING IN A HOME OR WAS SHE RESIDING -- LET'S TAKE YOU
16 BACK SOME MONTHS PRIOR TO HER DEATH. WAS SHE RESIDING
17 ELSEWHERE?
18 A. SHE WAS RESIDING IN A REST HOME.
19 Q. A REST HOME? I'M GONNA SHOW YOU WHAT'S BEEN MARKED AS
20 STATE'S EXHIBIT NUMBER 8 AND ASK YOU IF YOU CAN IDENTIFY
21 THAT EXHIBIT FOR US IF WOULD YOU PLEASE.
22 A. THAT'S MY MOTHER, MARY CRANE.
23 Q. OKAY. IS THIS A PHOTOGRAPH THAT YOU OBTAINED FOR US?
24 A. YES.
25 MR. WILSON: AND IN CONNECTION WITH THAT MATTER,
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1 YOUR HONOR, WE WOULD MOVE FOR THE ADMISSION OF EXHIBIT 8.
2 THE COURT: DO YOU HAVE ANY OBJECTION, COUNSEL?
3 MR. STIRBA: YOUR HONOR, MAY I RESERVE? I DON'T
4 MIND IT BEING USED -- IT'S ALREADY BEEN DISPLAYED IN OPENING
5 STATEMENT -- UNTIL CROSS-EXAMINATION ON THAT PLEASE.
6 THE COURT: ALL RIGHT.
7 MR. WILSON: WE WOULD LIKE TO JUST DISPLAY THIS AT
8 THE SAME TIME THAT WE'RE EXAMINING THIS WITNESS.
9 MR. STIRBA: IT'S ALREADY BEEN DISPLAYED, YOUR
10 HONOR.
11 THE COURT: OKAY. THAT'S FINE.
12 Q. (BY MR. WILSON) KATHY, DID YOUR MOTHER SUFFER SOME
13 SERIOUS HEALTH PROBLEMS YEARS AGO?
14 A. SHE HAD A STROKE.
15 Q. OKAY. DO YOU RECALL WHEN THAT OCCURRED?
16 A. IT WAS THE DAY BEFORE THANKSGIVING IN 1990.
17 Q. OKAY. AND WHERE WAS SHE RESIDING AT THAT TIME?
18 A. SHE WAS RESIDING AT -- IT WAS A SENIOR APARTMENT
19 COMPLEX. I THINK IT WAS CALLED HIGHLAND -- HIGHLAND
20 SOMETHING. IT WAS ON HIGHLAND DRIVE AND JUST NORTH OF 3900
21 SOUTH IN SALT LAKE.
22 Q. DID SHE RESIDE THERE ALONE?
23 A. YES.
24 Q. OKAY. AND DID YOU HAVE OCCASION JUST AROUND
25 THANKSGIVING TIME, WERE YOU WITH HER AT THE TIME THAT SHE
360
1 SUFFERED THIS STROKE?
2 A. YES. SHE WAS AT MY HOME VISITING FOR THANKSGIVING.
3 Q. OKAY. AND WAS THERE A HOSPITALIZATION AS A RESULT OF
4 THAT?
5 A. THERE WAS.
6 Q. DO YOU RECALL WHERE THAT TOOK PLACE?
7 A. SHE INITIALLY WAS TRANSPORTED TO DAVIS NORTH HOSPITAL,
8 AND THEN SHE WAS TRANSPORTED -- I BELIEVE IT WAS TO ST.
9 MARKS HOSPITAL. IT WAS A HOSPITAL IN SALT LAKE WHERE HER --
10 HER REGULAR DOCTOR WORKED.
11 Q. OKAY. AND I -- I ASSUME THAT AFTER THE STROKE, WAS
12 THERE A PERIOD OF REHABILITATION?
13 A. THERE WAS. SHE WAS IN A REHABILITATION HOSPITAL.
14 Q. OKAY. HOW LONG WAS SHE IN THE HOSPITAL, DO YOU
15 REMEMBER?
16 A. AS I RECALL, IT WAS ABOUT SIX WEEKS.
17 Q. OKAY. AFTER SHE HAD LEFT THE REHABILITATION HOSPITAL,
18 WERE OTHER ARRANGEMENTS MADE FOR HER FURTHER CARE?
19 A. YES. THAT'S WHEN SHE WAS PLACED IN THE REST HOME.
20 Q. OKAY. DO YOU RECALL WHETHER -- WHAT THE NAME OF THAT
21 REST HOME WAS?
22 A. SANDY REGIONAL.
23 Q. OKAY. AND WHERE IS THAT LOCATED?
24 A. THAT'S ON 90TH SOUTH JUST EAST OF STATE STREET IN SANDY.
25 Q. SO I TAKE IT THIS WOULD HAVE TAKEN PLACE PROBABLY
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1 SOMETIME IN JANUARY WHEN SHE WAS PLACED THERE?
2 A. PROBABLY.
3 Q. OKAY. AND CAN YOU DESCRIBE FOR US HER PHYSICAL
4 CONDITION AT THE TIME OF HER PLACEMENT AS YOU RECALL IT?
5 A. AT THE TIME OF HER PLACEMENT, SHE HAD A -- ONE SIDE WAS
6 WEAK, AND SO SHE WAS NOT ABLE TO WALK UNASSISTED. SHE WAS
7 IN A WHEELCHAIR.
8 Q. OKAY. AND DID THAT CONDITION IMPROVE?
9 A. NO. I THINK IT JUST PRETTY MUCH STAYED STABLE.
10 Q. OKAY. DID SHE REMAIN IN A WHEELCHAIR?
11 A. YES.
12 Q. WAS SHE EVER ABLE TO WALK AGAIN?
13 A. I NEVER SAW HER WALK. THE NURSES AT SANDY REGIONAL TOLD
14 ME IF SHE WANTED A DRINK BAD ENOUGH, SHE WOULD WALK ACROSS
15 THE ROOM TO GET IT.
16 Q. I SEE. SO SHE WAS -- SHE WAS ESSENTIALLY CONFINED TO A
17 WHEELCHAIR AT THE REGIONAL CENTER?
18 A. YES.
19 Q. AND AT THE REGIONAL CENTER, THIS IS A NURSING HOME
20 FACILITY?
21 A. YES.
22 Q. DID SHE RECEIVE MEDICAL CARE AT THE NURSING HOME?
23 A. SHE DID.
24 Q. DO YOU KNOW WHETHER ANY OTHER DOCTORS WERE USED BY YOU
25 IN REFERENCE TO HER CARE?
362
1 A. WELL, I KNOW THAT THEY HAD STAFF DOCTORS THERE, BUT MY
2 SISTER PREFERRED THAT SHE USED HER OWN MEDICAL DOCTOR, SO MY
3 SISTER TRANSPORTED HER ON A REGULAR BASIS TO RECEIVE CARE
4 AND EVALUATION FROM HER REGULAR DOCTOR.
5 Q. AND WHO WAS THAT?
6 A. DR. STUBBS.
7 Q. OKAY. NOW, YOU REFER TO YOUR SISTER. WHO IS YOUR
8 SISTER?
9 A. KAREN BRINGHURST.
10 Q. WHERE DOES SHE LIVE?
11 A. SHE LIVES IN BENNION.
12 Q. OKAY. WAS SHE CLOSER TO YOUR MOTHER'S CARE CENTER THAN
13 YOU ARE?
14 A. QUITE A BIT CLOSER.
15 Q. OKAY. DID YOUR SISTER HAVE MORE RESPONSIBILITIES THAT
16 RELATED TO HER CARE?
17 A. SHE DID. SHE DID. SHE -- SHE BASICALLY WAS IN CHARGE
18 OF ALL MY MOTHER'S MEDICAL CARE.
19 Q. OKAY. DID YOU VISIT YOUR MOTHER WHILE SHE WAS AT THE
20 REGIONAL CENTER?
21 A. YES. EVERY OTHER WEEKEND. EVERY OTHER SATURDAY, WE'D
22 GO DOWN.
23 Q. AND CAN YOU TELL US, DID SHE SUFFER ANY MORE ACUTE
24 EVENTS LIKE STROKES OR ANYTHING OF THAT SORT WHILE AT THE
25 REGIONAL CENTER?
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1 A. MEDICAL HEALTH PROBLEMS?
2 Q. UH-HUH.
3 A. NOT THAT I RECALL.
4 Q. OKAY. SO SHE ESSENTIALLY MAINTAINED THE LEVEL SHE WAS
5 AT AT THE TIME THAT SHE WAS FIRST HOUSED THERE?
6 A. YES.
7 Q. OKAY. DID YOU VISIT FROM TIME TO TIME?
8 A. VISIT MY MOTHER?
9 Q. UH-HUH.
10 A. YES, ON A REGULAR BASIS, VISITED HER DOWN THERE.
11 Q. OKAY. DID SHE TALK TO YOU?
12 A. YES.
13 Q. SHE COULD COMMUNICATE?
14 A. YES.
15 Q. SHE WAS COHERENT THEN?
16 A. YES.
17 Q. OKAY. DID SHE HAVE ANY OTHER PHYSICAL INFIRMITIES OTHER
18 THAN WHAT YOU RELATED AS IT RELATED TO THE -- I GUESS THE
19 INABILITY TO MOVE HER RIGHT SIDE? DO YOU REMEMBER ANY OTHER
20 PHYSICAL --
21 A. I DON'T RECALL -- NO, NO OTHER PHYSICAL PROBLEMS, I
22 DON'T RECALL.
23 Q. OKAY. YOU DON'T RECALL ANY OTHER PHYSICAL PROBLEMS.
24 WHAT ABOUT MENTAL PROBLEMS?
25 A. SHE SUFFERED FROM DEPRESSION. I THINK SHE WAS REAL
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1 DEPRESSED.
2 Q. OKAY. THE -- DO YOU RECALL THE EVENTS IN DECEMBER AND
3 EARLY JANUARY OF 1995 -- WELL, THE EARLY EVENTS IN DECEMBER
4 OF 1995 AND EARLY JANUARY OF 1996?
5 A. YES.
6 Q. AND CAN YOU TELL US JUST PRIOR TO THAT TIME, WAS YOUR
7 MOTHER STILL AT THE SANDY REGIONAL CENTER?
8 A. YES.
9 Q. OKAY. DID THERE COME A TIME THAT YOU WERE ADVISED
10 CONCERNING SOME PROBLEMS WITH YOUR MOTHER?
11 A. THE STAFF ADVISED MY SISTER --
12 Q. OKAY.
13 A. -- WHO CALLED ME ABOUT THE PROBLEMS.
14 Q. OKAY. AND WHAT WAS THE NATURE OF THOSE PROBLEMS?
15 A. THEY INDICATED SHE WAS ACTING OUT. DO YOU WANT ME TO GO
16 ON?
17 Q. SURE.
18 A. HITTING OTHER PATIENTS. YELLING.
19 Q. OKAY. DID YOUR SISTER INDICATE HOW LONG THAT HAD BEEN
20 GOING ON FOR?
21 A. SHE DIDN'T.
22 Q. OKAY.
23 A. TO ME, IT SEEMED LIKE IT WAS SOMETHING THAT JUST KIND OF
24 STARTED, STARTED AND THEN THEY SAID THEY COULDN'T HANDLE IT.
25 Q. BUT YOU WEREN'T AWARE OF ANY MEDICAL PROBLEM THAT
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1 PRECIPITATED ANYTHING OF THAT SORT?
2 A. NO.
3 Q. OKAY. THIS WAS JUST SOMETHING THAT SHE STARTED DOING?
4 A. YES. WELL, SHE HAD ALWAYS YELLED OUT.
5 Q. SHE'D ALWAYS YELLED OUT?
6 A. YEAH, SHE TALKED LOUD.
7 Q. SO WHAT DID YOUR SISTER SAY THAT YOU HAD TO DO ABOUT
8 THAT?
9 A. THE REST HOME SAID WE HAD TO EITHER TRANSFER HER TO
10 SOMEPLACE ELSE TO STAY OR TAKE HER TO THIS GEROPSYCHIATRIC
11 UNIT WHICH THEY RECOMMENDED TO HAVE HER MEDICATIONS
12 REEVALUATED.
13 Q. OKAY. AND DID YOU -- DID YOU AND YOUR SISTER EVER MEET
14 WITH ANYBODY FROM THE GEROPSYCH UNIT?
15 A. WE DID.
16 Q. DO YOU REMEMBER WHO THAT WAS?
17 A. I DON'T RECALL HIS NAME.
18 Q. OKAY. AND DID THAT MEETING TAKE PLACE AROUND THE SAME
19 TIME THAT SHE WAS TRANSFERRED?
20 A. IT WAS A FEW DAYS BEFORE SHE WAS TRANSFERRED.
21 Q. OKAY. SO YOU MET WITH THIS INDIVIDUAL. WHO WAS PRESENT
22 AT THAT MEETING?
23 A. JUST MY SISTER AND I AND THIS MAN. THERE MAY HAVE BEEN
24 ANOTHER MAN IN THE OFFICE IN ANOTHER DESK WORKING, AS I
25 RECALL.
366
1 Q. DO YOU KNOW WHERE THIS -- WHERE THE MEETING TOOK PLACE?
2 A. ON THE -- I THINK IT'S THE THIRD FLOOR OF THE DAVIS
3 NORTH HOSPITAL.
4 Q. SO YOU WENT RIGHT TO THE GEROPSYCH UNIT ITSELF?
5 A. YES.
6 Q. AND MET WITH THESE -- WITH THIS INDIVIDUAL?
7 A. YES.
8 Q. AND WAS A DECISION MADE TO ADMIT YOUR MOTHER TO THE
9 GEROPSYCH UNIT?
10 A. YES.
11 Q. OKAY. WHAT WAS YOUR UNDERSTANDING THAT THEY WERE
12 SUPPOSED TO DO AT THE UNIT?
13 A. MY UNDERSTANDING WAS THEY WOULD BASICALLY TAKE HER
14 MEDICATIONS AWAY AND MAYBE TRY SOME NEW MEDICATIONS.
15 Q. OKAY.
16 A. SO THAT SHE WOULD HAVE A BETTER, BETTER QUALITY LIFE,
17 GET A BETTER FRAME OF MIND, AND --
18 Q. DID YOU HAVE ANY CONVERSATIONS WITH ANY DOCTORS WHILE AT
19 THAT MEETING?
20 A. NOT AT ALL.
21 Q. BUT YOU WERE TOLD THAT YOUR MOTHER WAS ACCEPTABLE TO THE
22 UNIT AT THAT TIME?
23 A. AS LONG AS SHE WAS IN GOOD HEALTH; GOOD PHYSICAL HEALTH.
24 Q. OKAY. WHEN YOU SAY THAT, DID SOMEBODY MAKE A POINT OF
25 THAT FACT?
367
1 A. YES, THIS MAN WE MET WITH WAS VERY ADAMANT THAT SHE
2 NEEDED TO BE IN GOOD PHYSICAL HEALTH TO GO INTO THE UNIT. I'm sure this is news to Chambers.
3 Q. OKAY. WHAT WAS YOUR IMPRESSION OF YOU MOTHER'S HEALTH
4 AT THAT TIME?
5 A. I FELT SHE WAS STABLE. SHE HADN'T DECLINED.
6 Q. ALL RIGHT. YOU DIDN'T SEE ANY EVIDENCE OF ANY
7 DECLINATION OR ANYTHING OF THAT SORT?
8 A. NO.
9 Q. DO YOU REMEMBER HOW OLD SHE WAS AT THAT TIME?
10 A. 72.
11 Q. AND LET'S SEE, THE STROKE HAD OCCURRED BACK IN 1990, AS
12 I RECALL.
13 A. RIGHT.
14 Q. SO THIS WOULD HAVE BEEN ABOUT FIVE YEARS --
15 A. YES.
16 Q. -- PREVIOUS TO THAT TIME. YOU DESCRIBED SOME ACTING
17 OUT, THAT YOUR MOTHER WOULD ALWAYS YELL. WHEN YOU WERE AT
18 THE CARE CENTER, DID YOU EVER SEE HER DO ANYTHING PHYSICAL
19 LIKE KICK OR SCREAM OR ANYTHING LIKE THAT?
20 A. NO.
21 Q. WHAT -- BY YELL, WAS THAT -- DESCRIBE IT FOR US.
22 A. MY MOTHER WAS RAISED ON A FARM, SO SHE ALWAYS YELLED.
23 Q. OKAY.
24 A. SO, YOU KNOW, IT WAS SOMETHING THAT MAYBE PEOPLE WHO
25 WEREN'T AROUND FARM LIFE WEREN'T USED TO.
368
1 Q. ALL RIGHT. HAD YOU NOTICED THAT, THAT PATTERN OF
2 YELLING, HAD THAT INCREASED IN SEVERITY?
3 A. I DIDN'T NOTICE IT AT THE TIMES I VISITED HER.
4 Q. HOW DID SHE RESPOND TO YOU WHEN YOU WERE WITH HER AT THE
5 CARE CENTER?
6 A. SHE WAS HAPPY, VERY HAPPY TO HAVE US THERE. SHE WAS
7 ALWAYS SAD WHEN WE HAD TO LEAVE.
8 Q. SO THE DECISION WAS MADE TO GO TO THE GEROPSYCH UNIT.
9 DO YOU REMEMBER, DID YOU ATTEND OR DID YOU TEND TO YOUR
10 MOTHER WHEN SHE WAS ADMITTED TO THE GEROPSYCH UNIT?
11 A. YES. WHEN SHE WAS ADMITTED -- I LIVED UP HERE IN DAVIS
12 COUNTY SO I -- SO MY SISTER PICKED HER UP AT SANDY REGIONAL,
13 AND I MET HER UP AT THE HOSPITAL TO ADMIT HER.
14 Q. OKAY. I NEGLECTED TO ASK YOU A COUPLE OF QUESTIONS. TO
15 YOUR RECOLLECTION, DID YOUR MOTHER EVER COMPLAIN ABOUT PAIN?
16 A. SHE ALWAYS COMPLAINED ABOUT PAIN.
17 Q. WHAT KIND OF PAIN?
18 A. A HEADACHE.
19 Q. OKAY. DO YOU KNOW WHETHER SHE WAS ON ANY MEDICATIONS
20 FOR PAIN WHILE AT THE SANDY REGIONAL CENTER?
21 A. SHE TOOK TYLENOL I BELIEVE ON A DAILY BASIS. EVERY ONCE
22 IN A WHILE, NOT ON A DAILY BASIS, HER DOCTOR WOULD ALLOW HER
23 TO HAVE -- IT WAS LIKE I THINK A CODEINE PILL, HIGH --
24 HIGH -- HIGH SOMETHING -- Average, every day. Hydrocodone.
25 Q. OKAY.
369
1 A. -- LIKE A CODEINE PILL FOR PAIN, BUT THAT WAS IT.
2 SHE -- HER DOCTOR DIDN'T WANT HER TO BECOME ADDICTED TO PAIN
3 PILLS.
4 Q. OKAY. DID SHE HAVE ANY -- OTHER THAN WHAT YOU'VE SAID,
5 THE WEAKNESS ON THE RIGHT SIDE, DO YOU KNOW WHETHER SHE HAD
6 ANY OTHER PHYSICAL CHARACTERISTICS THAT SHE EVER COMPLAINED
7 WERE CAUSING HER PAIN?
8 A. SHE HAD HAD SOME BACK -- BACK SURGERY BEFORE SHE HAD HER
9 STROKE. I THINK THAT WAS MANY YEARS BEFORE THAT, SO SHE HAD
10 SOME BACK PAIN. I DON'T REALLY RECALL HER COMPLAINING ABOUT
11 THE BACK PAIN.
12 Q. OKAY. ON THE DAY THAT SHE WAS ADMITTED TO THE GEROPSYCH
13 UNIT, CAN YOU DESCRIBE YOUR OBSERVATIONS GENERALLY ABOUT HER
14 HEALTH AT THAT TIME, HER PHYSICAL HEALTH?
15 A. HER PHYSICAL HEALTH, SHE DIDN'T SEEM ANY DIFFERENT THAN
16 WHEN SHE WAS IN THE REST HOME. SHE WAS -- SHE WAS ALERT.
17 SHE WAS IN HER WHEELCHAIR. WE EXPLAINED TO HER WHAT WAS
18 GOING ON AND, YOU KNOW, WHAT WAS GONNA HAPPEN AND --
19 Q. OKAY. WHAT ABOUT HER EMOTIONAL ATTITUDE AT THAT TIME?
20 A. SHE APPEARED TO ACCEPT WHAT, YOU KNOW, WHAT WAS
21 HAPPENING.
22 Q. OKAY. DID SHE APPEAR AGITATED AT ALL?
23 A. NO.
24 Q. YOU AND YOUR SISTER WERE BOTH PRESENT WITH HER AT THAT
25 TIME.
370
1 A. YES.
2 Q. OKAY. AND DO YOU RECALL APPROXIMATELY WHAT TIME OF DAY
3 OR NIGHT IT WAS WHEN YOU WERE WITH HER?
4 A. I DON'T RECALL.
5 Q. DID YOU -- DID YOU TRANSPORT YOUR MOTHER?
6 A. TO THE HOSPITAL?
7 Q. UH-HUH.
8 A. NO. MY SISTER DID.
9 Q. SO YOU MET HER THERE?
10 A. RIGHT, I MET HER THERE.
11 Q. OKAY. HOW LONG WERE YOU AT THE HOSPITAL INVOLVED IN
12 THIS ADMISSION PROCESS?
13 A. I DON'T -- I REALLY DON'T KNOW.
14 Q. WOULD IT BE MORE THAN AN HOUR?
15 A. IT MIGHT HAVE BEEN BETWEEN A HOUR AND TWO.
16 Q. OKAY. DO YOU KNOW WHETHER OR NOT THERE WAS ANY MEDICAL
17 PROCEDURES OR ASSESSMENTS THAT WERE TAKING PLACE ON YOUR
18 MOTHER AT THAT TIME?
19 A. I DIDN'T SEE ANYTHING HAPPENING.
20 Q. WAS THERE ANY FILLING OUT OF FORMS OR ANYTHING ALONG
21 THOSE LINES?
22 A. YES, YES.
23 Q. DID YOU ASSIST IN THE FILLING OUT OF ANY FORMS?
24 A. I DIDN'T.
25 Q. YOUR SISTER DID THAT?
371
1 A. MY SISTER.
2 Q. WAS YOUR MOTHER CAPABLE OF SIGNING THINGS ON HER OWN?
3 A. YEAH, SHE COULD SIGN THINGS ON HER OWN.
4 Q. WHAT ABOUT UNDERSTANDING THINGS, WHAT WAS YOUR FEELINGS
5 ABOUT HER MENTAL PROCESS OF BEING ABLE TO UNDERSTAND WHAT
6 WAS GOING ON?
7 A. I THINK SHE UNDERSTOOD. I THINK IF SOMEONE WOULD GET IN
8 SOME -- A DEEP DISCUSSION ABOUT WHAT WAS GOING ON IN THE
9 WORLD, SHE -- YOU MIGHT LOSE HER, BUT --
10 Q. OKAY. SO YOU STAYED WITH YOUR MOTHER AT THAT TIME. WAS
11 SHE PLACED IN A ROOM AT THAT TIME?
12 A. YES. YES.
13 Q. OKAY. AND SO YOU WAITED UNTIL SHE WAS SETTLED INTO HER
14 ROOM.
15 A. RIGHT.
16 Q. AND THEN LEFT AT THAT POINT.
17 A. YES.
18 Q. DID YOU GO BACK TO VISIT YOUR MOTHER AT -- WELL, LET ME
19 ASK YOU THIS QUESTION: DO YOU REMEMBER THE DATE THAT THAT
20 ADMISSION TOOK PLACE?
21 A. I THINK IT WAS ABOUT DECEMBER 29TH.
22 Q. RIGHT AROUND THE END OF DECEMBER.
23 A. UH-HUH.
24 Q. OKAY. SO DID YOU GO BACK TO VISIT YOUR MOTHER AT THE
25 HOSPITAL WHILE SHE WAS THERE?
372
1 A. YES. I STOPPED BY ON A DAILY BASIS.
2 Q. OKAY. WAS THERE ANY PARTICULAR TIME THAT YOU WOULD STOP
3 BY?
4 A. GENERALLY ON MY WAY HOME FROM WORK IN THE EVENINGS.
5 Q. OKAY. HOW LONG WOULD YOU SPEND?
6 A. OH, MAYBE ANYWHERE FROM A HALF HOUR TO AN HOUR,
7 DEPENDING ON WHAT WAS GOING ON.
8 Q. CAN YOU DESCRIBE FOR THE JURY, IF YOU WILL, WHAT CHANGES
9 YOU OBSERVED OCCURRING IN YOUR MOTHER DURING THESE VISITS
10 THAT YOU WERE HAVING WITH HER AT THE GEROPSYCH UNIT?
11 A. MY MOTHER WAS ASLEEP MOST OF THE TIME FROM THE SECOND
12 DAY ON. SHE -- I RECALL BEING ABLE TO AWAKEN HER SOMETIMES
13 AND TALK TO HER, BUT SHE WAS JUST VERY, VERY DROWSY AND
14 DIDN'T, YOU KNOW, DIDN'T ATTEMPT TO SIT UP OR ANYTHING.
15 SHE'D JUST ALWAYS -- ALWAYS ASLEEP.
16 Q. OKAY. THIS GEROPSYCH UNIT, THERE WERE OTHER BEDS ON THE
17 UNIT, I TAKE IT. WAS THERE ANOTHER PERSON IN THE SAME ROOM
18 WITH HER AT THAT TIME?
19 A. THERE WAS.
20 Q. OKAY. DID YOU HAVE OCCASION TO QUESTION ANY NURSES OR
21 ANY PHYSICIANS ABOUT YOUR MOTHER?
22 A. I DIDN'T. SINCE MY SISTER HAD THE MEDICAL KNOWLEDGE, I
23 WOULD REPORT TO HER WHAT I OBSERVED.
24 Q. OKAY. SO YOU WERE GOING UP THERE ON A REGULAR BASIS
25 AFTER WORK, AND WOULD YOU SEE HER ON THE WEEKEND ALSO?
373
1 A. YES.
2 Q. AND ON THE WEEKEND, WOULD THAT BE ABOUT THE SAME TIME OF
3 DAY AS YOUR VISIT ON THE WEEKDAY?
4 A. IF I SAW HER ON THE WEEKEND, IT WOULD HAVE BEEN IN THE
5 MORNINGS.
6 Q. DID YOU NOTICE ANY DIFFERENCE IN HER BEHAVIOR FROM THE
7 MORNING TO THE EVENING?
8 A. NO.
9 Q. SO YOU NOTICED HER BEING ASLEEP ALL THE TIME. AND DID
10 THAT -- WAS THERE ANY CHANGE IN THAT PATTERN AS YOU WERE
11 OBSERVING HER OVER THIS PERIOD OF TIME?
12 A. THERE WAS ONE DAY SHE WAS IN, IT LOOKED LIKE A GROUP,
13 GROUP SESSION IN A ROOM. AND SHE -- SHE TRIED TO TALK TO
14 ME, BUT NOTHING WOULD COME OUT. SHE MOVED HER MOUTH, BUT
15 NOTHING WOULD COME OUT. AND I DIDN'T KNOW WHAT -- WHAT TO
16 THINK, BUT SHE WAS IN THE MIDDLE OF A GROUP SESSION, SO I
17 DIDN'T STAY VERY LONG.
18 Q. OKAY. DID YOU -- CAN YOU RELATE HOW FAR INTO THE
19 HOSPITALIZATION WAS THAT PARTICULAR OBSERVATION MADE?
20 A. I THINK IT WOULD -- IT WAS PROBABLY A COUPLE OF DAYS
21 BEFORE SHE DIED.
22 Q. SO IT WOULD HAVE BEEN --
23 A. SO I THINK I HAD SEEN HER SEVERAL TIMES ASLEEP AND
24 THEN -- AND THEN SHE WAS UP THAT TIME.
25 Q. OKAY. DID YOUR MOTHER EVER EXPERIENCE ANY TROUBLE
374
1 SPEAKING TO YOU BEFORE?
2 A. NO.
3 Q. IN THIS GROUP SETTING THAT YOU OBSERVED HER IN, WAS SHE
4 SITTING, WAS SHE STANDING, WHAT WAS --
5 A. SHE WAS SITTING --
6 Q. IN HER WHEELCHAIR?
7 A. IN HER WHEELCHAIR, UH-HUH.
8 Q. OKAY. DID YOU WALK INTO THE GROUP SETTING AND JUST TRY
9 TO TALK TO HER?
10 A. YEAH, SHE WAS CLOSE BY THE DOOR SO I COULD KIND OF SLIDE
11 IN AND SIT DOWN BESIDE HER.
12 Q. OKAY. DID YOU SPEAK WITH ANY NURSES OR PHYSICIANS AT
13 THAT TIME?
14 A. I DIDN'T, I NEVER REALLY SAW ANY.
15 Q. OKAY. DID THERE COME A TIME THAT YOU WERE CALLED BY THE
16 HOSPITAL OR YOUR SISTER RELATIVE TO YOUR MOTHER'S CONDITION?
17 A. MY SISTER WAS CALLED.
18 Q. DO YOU REMEMBER THAT DAY?
19 A. I DO.
20 Q. DO YOU REMEMBER WHAT DAY OF THE WEEK IT WAS?
21 A. I DON'T.
22 Q. AND DO YOU REMEMBER WHAT DAY OF THE WEEK -- OR WHAT DATE
23 IT WAS?
24 A. I KNOW IT WAS JANUARY 7TH, THE DAY SHE DIED.
25 Q. OKAY. AND DID THE CALL COME IN THE MORNING, AFTERNOON,
375
1 OR WHAT?
2 A. I BELIEVE IT WAS THE EARLY EVENING. I HAD JUST GOTTEN
3 HOME FROM WORK.
4 Q. OKAY. AND SO I ASSUME YOU WENT TO THE HOSPITAL?
5 A. YES.
6 Q. WHO WAS THERE WHEN YOU ARRIVED? ANYBODY?
7 A. YOU MEAN WORKERS? I THINK THERE WAS A NURSE OR --
8 Q. NO. WAS ANY RELATIVES THERE?
9 A. NO. I WAS THE FIRST ONE TO ARRIVE THERE.
10 Q. SO YOU ARRIVED BEFORE YOUR SISTER?
11 A. YES.
12 Q. OKAY. AND YOU WENT TO HER ROOM, I ASSUME?
13 A. YES.
14 Q. WAS THERE ANYBODY ELSE IN HER ROOM AT THE TIME YOU
15 ARRIVED?
16 A. I DON'T RECALL SEEING ANYONE.
17 Q. DESCRIBE FOR THE JURY IF YOU WILL WHAT YOU OBSERVED
18 ABOUT YOUR MOTHER AT THAT TIME.
19 A. SHE WAS AT LEAST ASLEEP, AND SHE WAS -- SHE WOULD TAKE A
20 BREATH AND THEN IT SEEMED LIKE SEVERAL MINUTES BEFORE SHE'D
21 TAKE ANOTHER BREATH.
22 Q. SO THERE WAS A LONG SPACE IN BETWEEN BREATHS?
23 A. UH-HUH.
24 Q. AND DID THAT CAUSE YOU SOME CONCERN AT THAT POINT?
25 A. WELL, IT DID, BUT THEY TOLD MY SISTER THAT SHE HAD HAD A
376
1 STROKE AND I THOUGHT THAT WAS THE WAY PEOPLE BREATHED WHEN
2 THEY HAD A STROKE. THEY SAID THAT THEY THOUGHT SHE WAS
3 GONNA DIE REAL SOON AND WE NEEDED TO GET UP THERE.
4 Q. OKAY. SO THEY TOLD YOUR SISTER THAT SHE'D HAD A STROKE?
5 A. YES.
6 Q. SO YOU DIDN'T KNOW WHAT TO EXPECT, I GUESS?
7 A. NOT AS FAR AS HER ACTIONS.
8 Q. OKAY.
9 A. I'D SEEN HER HAVE A STROKE BEFORE, BUT I FIGURED IT WAS
10 A REAL MAJOR ONE.
11 Q. OKAY. WHEN SHE'D HAD THE STROKE BEFORE, DID SHE -- DID
12 SHE GET INTO THE SAME KIND OF CONDITION?
13 A. NO. SHE COULD TALK, SHE COULD COMMUNICATE. IT JUST
14 AFFECTED HER -- BASICALLY HER LEG.
15 Q. I SEE. DID YOU ATTEMPT TO COMMUNICATE WITH HER AT THAT
16 TIME?
17 A. YEAH, I TALKED TO HER.
18 Q. DID YOU GET ANY RESPONSE?
19 A. NO.
20 Q. OKAY. DID ANY NURSES OR DOCTORS OR ANYBODY COME INTO
21 THE ROOM AT THAT POINT?
22 A. I THINK PROBABLY A NURSE DID, BUT I JUST CAN'T RECALL
23 IF, YOU KNOW, I DON'T THINK THEY GAVE ME ANY INFORMATION.
24 Q. SO YOU WERE JUST SITTING WITH HER AT THAT POINT?
25 A. UH-HUH.
377
1 Q. DID YOUR SISTER ARRIVE?
2 A. YES.
3 Q. WHAT TIME DID SHE ARRIVE?
4 A. I DON'T RECALL. SEEMED -- I WAS PROBABLY WITH MY MOTHER
5 ABOUT A HALF HOUR OR BETWEEN HALF HOUR AND AN HOUR BEFORE MY
6 SISTER ARRIVED.
7 Q. ANYBODY ELSE WITH YOUR SISTER?
8 A. HER FAMILY.
9 Q. OKAY. NOW, YOU WERE ALONE AT THE TIME, IS THAT RIGHT?
10 A. MY FAMILY, MY HUSBAND PICKED UP MY KIDS AND THEY CAME
11 UP --
12 Q. OKAY.
13 A. -- ALSO.
14 Q. AFTER YOU?
15 A. UH-HUH.
16 Q. OKAY. SO YOU HAD THE FAMILY MEMBERS THERE ATTENDING TO
17 YOUR GRANDMOTHER -- OR I MEAN TO YOUR MOTHER.
18 A. YES.
19 Q. OKAY. THEIR GRANDMOTHER, THE KIDS' GRANDMOTHER.
20 A. YEAH, THEIR GRANDMOTHER.
21 Q. DO YOU RECALL THE DEFENDANT EVER COMING INTO THE ROOM AT
22 ANY TIME TO SPEAK WITH YOU AND THE FAMILY MEMBERS?
23 A. I RECALL A DOCTOR COMING IN TO SPEAK TO MY SISTER, BUT
24 HE DIDN'T SPEAK WITH ME.
25 Q. OKAY. HE JUST SPOKE WITH YOUR SISTER?
378
1 A. YES.
2 Q. DO YOU KNOW WHERE THEY SPOKE AT?
3 A. JUST IN THE CORNER OF THE ROOM.
4 Q. OKAY. DO YOU REMEMBER REMAINING THERE THAT NIGHT?
5 A. YES.
6 Q. DID YOUR MOTHER FINALLY PASS AWAY?
7 A. YES.
8 Q. AND DO YOU REMEMBER WHAT TIME THAT WAS, KATHY?
9 A. IT WAS JUST BEFORE MIDNIGHT.
10 Q. OKAY. DURING THAT TIME PERIOD THAT YOU WERE THERE UP
11 UNTIL THE TIME THAT SHE PASSED AWAY, DID YOU EVER SEE ANY
12 NURSES OR ANYBODY ADMINISTER ANY KIND OF SHOTS TO HER?
13 A. WELL, I THINK THEY HAD AN I.V. TUBE HOOKED UP TO HER AND
14 THEY WERE PUTTING SOME -- AT THE TIME I'M NOT SURE THAT I
15 KNEW WHAT IT WAS. IT WAS SOMETHING TO MAKE HER NOT FEEL
16 PAIN. The patient had an AD precluding IV - there was no way she had an IV.
17 Q. OKAY. WHEN YOU HAD FIRST OBSERVED YOUR MOTHER LAYING
18 THERE ON THAT PARTICULAR OCCASION, WAS THERE ANY INDICATIONS
19 TO YOU THAT SHE WAS IN ANY PAIN?
20 A. NO.
21 Q. WAS SHE MOVING?
22 A. NO.
23 Q. WAS SHE MOANING?
24 A. NO.
25 MR. WILSON: I DON'T HAVE ANY FURTHER QUESTIONS,
379
1 YOUR HONOR. THANK YOU.
2 THE COURT: ANY CROSS-EXAMINATION?
3 MR. STIRBA: YES, YOUR HONOR. THANK YOU. MAY I
4 APPROACH, YOUR HONOR?
5 THE COURT: YES.
6 CROSS-EXAMINATION
7 BY MR. STIRBA:
8 Q. MISS CHARLESWORTH, I'M GONNA PUT THIS IN FRONT OF YOU.
9 YOU MIGHT WANNA REVIEW SOME OF THE DOCUMENTS AND PAGES.
10 A. OKAY.
11 THE COURT: WHAT EXHIBIT IS THAT?
12 MR. STIRBA: THIS IS EXHIBIT 45, YOUR HONOR.
13 Q. MISS CHARLESWORTH, YOU'VE TALKED A LITTLE BIT ABOUT YOUR
14 SISTER, AND IS THAT KAREN BRINGHURST.
15 A. YES.
16 Q. AND IF I UNDERSTOOD YOUR TESTIMONY, KAREN PRETTY MUCH
17 HAD PRIMARY RESPONSIBILITY FOR TAKING CARE OF YOUR MOM.
18 A. YES.
19 Q. AND PART OF THAT I ASSUME IS BECAUSE KAREN IS A NURSE,
20 IS THAT RIGHT?
21 A. YES.
22 Q. AND I GUESS AT ABOUT THIS TIME PERIOD, '95, SHE HAD BEEN
23 A NURSE FOR AT LEAST OVER 20 YEARS, IS THAT RIGHT?
24 A. PROBABLY CLOSE TO THAT, UH-HUH.
25 Q. OKAY. AND WHEN YOUR MOM WAS -- WAS IN SANDY REGIONAL
380
1 AND THE DECISION WAS MADE TO TRANSFER HER UP TO DAVIS, DID
2 YOU THINK THAT THAT WAS AN APPROPRIATE THING TO DO BASED
3 UPON YOUR OBSERVATIONS OF YOUR MOM'S CONDITION AT SANDY
4 REGIONAL?
5 A. BASED UPON THE REPORTS FROM THE STAFF AT SANDY REGIONAL,
6 I FELT LIKE IT WOULD BE -- IT WOULD BE SOMETHING BENEFICIAL
7 FOR HER.
8 Q. OKAY. SO WHAT THEY -- THEY REPORTED WAS DIFFERENT THAN
9 WHAT PERHAPS YOU OBSERVED?
10 A. RIGHT.
11 Q. I SEE. AND SO BASED UPON AT LEAST THE BEHAVIOR THAT
12 THEY WERE REPORTING AS COMMUNICATED TO YOU BY KAREN, YOU
13 THOUGHT IT WAS APPROPRIATE.
14 A. RIGHT.
15 Q. LET ME ASK YOU IF WOULD YOU PLEASE, IF YOU'D OPEN UP THE
16 BINDER IN FRONT OF YOU. AND THIS IS EXHIBIT 5 AND I THINK
17 IF YOU OPEN IT UP, YOU'LL SEE SOME TABS ALONG THE SIDE. AND
18 THE FIRST ONE SAYS ADMIT. DO YOU SEE THAT?
19 A. YES.
20 Q. WHY DON'T YOU OPEN THAT UP PLEASE AND THERE SHOULD BE IN
21 FRONT OF YOU A DOCUMENT AND IT HAS AT THE TOP, IT LOOKS LIKE
22 GEROPSYCHIATRIC FOAM INTAKE. AND THERE'S SOME HANDWRITTEN
23 DESIGNATIONS ON THAT DOCUMENT. DO YOU SEE THAT?
24 A. I DO.
25 Q. AND IF YOU GO DOWN THE BOTTOM OF THE PAGE, JUST TO MAKE
381
1 SURE WE'RE ON THE SAME WAVELENGTH HERE, IT HAS A NUMBER, IT
2 SAYS MED, M-E-D, AND THEN SAYS 00230. DO YOU SEE THAT?
3 A. YES.
4 Q. OKAY. IF YOU'LL GO IN THE MIDDLE OF THAT DOCUMENT, IT
5 SAYS PRESENTING PROBLEM. DO YOU SEE THAT?
6 A. YES.
7 Q. AND THE FIRST THING IT SAYS, IT HAS L. -- A.L.Z.
8 APOSTROPHE S. UNIT, WHICH APPEARS TO STAND FOR ALZHEIMERS
9 UNIT. WAS YOUR MOM -- WAS THERE SUCH A UNIT AT SANDY
10 REGIONAL?
11 A. THERE WAS.
12 Q. AND WAS THAT WHERE YOUR MOM WAS LIVING AT THE TIME?
13 A. YES.
14 Q. AND THEN IT GOES ON TO SAY POST STROKE, 1989, AND IF I
15 UNDERSTAND YOUR TESTIMONY, THERE WAS A STROKE EVENT IN 1990,
16 IS THAT CORRECT?
17 A. I THOUGHT IT WAS 1990. I COULD HAVE BEEN WRONG.
18 Q. OKAY. SO IT MAY HAVE BEEN '89, IT MAY HAVE BEEN '90,
19 YOU'RE NOT QUITE SURE.
20 A. RIGHT.
21 Q. ALL RIGHT. AND THEN IT GOES ON TO SAY AFTER IT SAYS
22 FLUID RESTRICTION DIET, IT SAYS, DRINKING OUT OF TOILET,
23 SPITTING, MANIPULATION, HITTING, VERBALLY ABUSIVE, RUNS INTO
24 OTHER -- AND LOOKS LIKE WITH W. SLASH C. FOR WHEELCHAIR,
25 SCREAMING, PATIENT SEEKING FLUIDS CONTINUALLY. STUCK
382
1 FINGERS DOWN THROAT. THEN IT HAS AN ARROW, THROW UP. IS
2 THAT -- IS ANY OF THAT BEHAVIOR THE BEHAVIOR THAT YOU SAW
3 YOUR MOM ENGAGE IN WHEN SHE WAS AT SANDY REGIONAL?
4 A. NO, I DIDN'T OBSERVE THAT.
5 Q. OKAY. AND WHEN SHE GOT TO THE DAVIS HOSPITAL THE TIMES
6 THAT YOU VISITED HER, DID YOU SEE HER ENGAGE IN ANY OF THAT
7 BEHAVIOR?
8 A. NO.
9 Q. WHEN YOU VISITED HER, IF I UNDERSTOOD YOUR TESTIMONY,
10 YOU WOULD VISIT HER AFTER YOU CAME HOME FROM WORK IN THE
11 EVENING?
12 A. YES.
13 Q. ABOUT WHAT TIME WOULD THAT BE, MA'AM?
14 A. THAT PROBABLY WOULD HAVE BEEN BETWEEN 5:00 AND 5:30.
15 Q. AND YOU WERE THERE FOR ABOUT A HALF AN HOUR TO AN HOUR?
16 A. YES.
17 Q. AND THEN YOU OF COURSE WOULD COME ON THE WEEKENDS, IS
18 THAT RIGHT?
19 A. YES.
20 Q. AND WOULD YOU COME ALONE, FOR EXAMPLE, ON THE WEEKENDS
21 OR WOULD YOU COME WITH ANYONE ELSE?
22 A. I RECALL TAKING MAYBE ONE OF MY CHILDREN AT A TIME ON
23 THE WEEKENDS. OR IF I HAD GONE HOME, YOU KNOW, FIRST AS --
24 SEEMED LIKE ON THE WEEKENDS I MIGHT HAVE GONE UP A COUPLE OF
25 TIMES PER DAY, SO I MIGHT HAVE TAKEN ONE KID AND THEN
383
1 ANOTHER KID.
2 Q. AND CAN YOU TELL ME WHEN YOU WOULD VISIT ON THE
3 WEEKENDS, DID YOU HAVE A NORMAL OR A GENERAL TIME FRAME WHEN
4 YOU WOULD ACTUALLY VISIT?
5 A. I DON'T -- I JUST REALLY DON'T RECALL. MY NORMAL
6 PATTERN WHEN I VISITED HER AT THE REST HOME WOULD HAVE BEEN
7 TO GET UP, GET READY, AND GO. AND SO THAT'S WHAT I WOULD
8 RECALL THAT I WOULD HAVE DONE THE SAME THING, GET UP IN THE
9 MORNING AND GO.
10 Q. DO YOUR THINK THE VISITS ON THE WEEKENDS WOULD HAVE BEEN
11 IN THE NATURE OF A HALF A HOUR TO AN HOUR IN LENGTH?
12 A. YES.
13 Q. SIMILAR TO THE ONES YOU'D HAVE AFTER WORK?
14 A. YES.
15 Q. AND YOU'VE TESTIFIED THAT WHEN YOU SAW HER DURING THE
16 TIME PERIODS THAT YOU SAW HER IN DAVIS HOSPITAL, YOU
17 DESCRIBED HER AS BEING SLEEPY?
18 A. YES.
19 Q. IS THAT A FAIR CHARACTERIZATION? WHEN YOU SAW HER IN
20 THE DAVIS HOSPITAL, WOULD YOU TALK ON HER?
21 A. YES.
22 Q. AND COULD YOU CARRY ON A CONVERSATION WITH HER?
23 A. NO. SHE -- I RECALL SOMETIMES I COULD GET HER TO -- TO
24 KIND OF AWAKEN AND, YOU KNOW, SAY HI, BUT SHE REALLY DIDN'T
25 CONVERSE BACK AND FORTH.
384
1 Q. NOW, THE TIMES THAT YOU WERE THERE, YOU TESTIFIED THAT
2 YOU OBSERVED THIS CONDITION AND YOU COULDN'T REALLY TALK
3 WITH YOUR MOM, BUT YOU DIDN'T -- YOU DIDN'T TALK TO A NURSE
4 ABOUT HER SITUATION, IS THAT RIGHT?
5 A. NO, I LEFT THE MEDICAL CARE TO MY SISTER.
6 Q. AND THE SAME WOULD BE TRUE WITH ANY PHYSICIAN OR ANYONE
7 ELSE WHO WAS PROVIDING CARE AT THE DAVIS HOSPITAL?
8 A. RIGHT.
9 Q. YOU LEFT THAT ALL UP TO KAREN, IS THAT RIGHT?
10 A. RIGHT.
11 Q. NOW, WHEN YOUR MOM WAS ADMITTED, YOU WERE PRESENT, IS
12 THAT CORRECT?
13 A. YES, SIR.
14 Q. AND LET ME SEE IF I CAN GET THE TAB ON THAT EXHIBIT.
15 MAYBE WE CAN TURN TO -- THERE'S A TAB THAT SAYS NURSES'
16 NOTE. DO YOU SEE THAT?
17 A. YES.
18 Q. SORT OF IN THE MIDDLE, IF YOU WOULD TURN TO THAT PLEASE.
19 AND THERE'S A -- THE FIRST PAGE AND DOCUMENT YOU SHOULD HAVE
20 IN FRONT OF YOU, IT SAYS NURSING ADMISSION ASSESSMENT,
21 GEROPSYCHIATRIC UNIT, AND YOU HAVE DOWN AT THE BOTTOM,
22 MED-00294. DO YOU SEE THAT?
23 A. YES.
24 Q. NOW, THAT IS A DOCUMENT THAT FIRST OF ALL IN THERE
25 INDICATES THAT UNDER PERSON INTERVIEWED, AND IT HAS OTHER,
385
1 IT HAS KAREN BRINGHURST, THEN UNDERNEATH THAT KATHY
2 CHARLESWORTH, AND THEN THERE'S A COUPLE OF PHONE NUMBERS
3 ACROSS FROM THERE DO YOU SEE THEM?
4 A. YES.
5 Q. AND YOU WERE PRESENT AT THE TIME, IS THAT RIGHT?
6 A. YES.
7 Q. AND IT'S TRUE, IS IT NOT, THAT IN THAT ASSESSMENT THAT
8 WAS DONE YOU RECALL BY A NURSE OR A MEMBER OF THE NURSING
9 STAFF?
10 A. IT WAS DONE BY SOMEONE, BUT I DON'T RECALL WHO.
11 Q. AND DO YOU RECALL THAT THERE WAS SOME INFORMATION THAT
12 THEY WERE ASKING YOU AND YOUR SISTER ABOUT CONCERNING YOUR
13 MOM?
14 A. YES.
15 Q. AND THEY WERE PUTTING THAT INFORMATION DOWN ON THIS
16 PARTICULAR NURSE ASSESSMENT FORM.
17 A. IT SEEMED -- THEY WERE PUTTING IT DOWN ON SOMETHING. I
18 CAN'T SAY IF IT WAS THIS.
19 Q. WELL, FOR EXAMPLE, IF YOU'LL TURN TO THE SECOND PAGE OF
20 THAT DOCUMENT, WHICH IS THE NEXT PAGE, IT HAS PAGE 2, IT HAS
21 MED-00295. DO YOU SEE THAT?
22 A. YES.
23 Q. AND UP AT THE TOP UNDER HEALTH PERCEPTION, HEALTH
24 MANAGEMENT PATTERN, THE QUESTION IS ASKED, WHAT CAUSED YOU
25 TO COME INTO THE HOSPITAL. AND THEN THERE IS WRITTEN,
386
1 AGITATED, COMBATIVE BEHAVIOR, AND THEN IT HAS, QUOTE, THE
2 DOCTOR COULDN'T CONTROL MY REACTION TO -- AND I CAN'T READ
3 THAT. THE MEDS MAYBE.
4 A. OH, MAYBE THAT'S IT.
5 Q. DO YOU RECALL SAYING THAT OR YOUR SISTER SAYING THAT AT
6 THE TIME?
7 A. I'M ALMOST THINKING THEY ASKED MY MOTHER THAT.
8 Q. AND SHE WAS ALSO PROVIDING INFORMATION AT THE TIME AS
9 WELL, IS THAT RIGHT? SHE --
10 A. YES.
11 Q. -- WAS WITH YOU?
12 A. YES.
13 Q. AND THEN IF YOU LOOK DOWN, IT HAS A LIST OF MEDICATIONS,
14 IT SAID MEDICATION CURRENTLY IN USE, AND IT STARTS WITH
15 ZANTAC. DO YOU SEE THAT?
16 A. YES.
17 Q. AND THEN UNDERNEATH THAT ALSO THERE'S A MEDICATION
18 LOPRESSOR, DO YOU SEE THAT?
19 A. YES.
20 Q. THEN IF YOU CONTINUE DOWN THERE, THERE'S A NUMBER OF
21 OTHER MEDICATIONS IDENTIFIED, AND OFF TO THE RIGHT IT SAYS
22 HY-PHEN.
23 A. YES.
24 Q. LOOK LIKE Q4 HOURS FOR PAIN, P.R.N. DID I READ THAT
25 CORRECTLY?
387
1 A. WELL, I CAN'T READ MEDICAL RECORDS, SO I DON'T --
2 Q. DO YOU KNOW --
3 A. -- I DON'T KNOW.
4 Q. OKAY. DO YOU KNOW IF THAT HY-PHEN WAS THE PAIN
5 MEDICATION THAT YOUR MOM WAS GETTING AT THE SANDY
6 REGIONAL --
7 A. THAT'S THE ONE I RECALL, BUT I DON'T RECALL THEM
8 ALLOWING HER TO HAVE IT EVERY FOUR HOURS.
9 Q. OKAY. DO YOU REMEMBER THAT SHE ALSO GOT LORTAB, WHICH
10 IS ANOTHER PAIN MEDICATION, AT SANDY REGIONAL?
11 A. I DON'T RECALL HER RECEIVING THAT.
12 Q. OKAY. AND YOU'RE AWARE, ARE YOU NOT, THAT YOUR MOM HAD
13 BACK SURGERY I GUESS BACK IN '84?
14 A. YES.
15 Q. AND YOU'VE TESTIFIED THAT SHE ALWAYS COMPLAINED OF PAIN,
16 IS THAT RIGHT?
17 A. YES.
18 Q. AND IN FACT, SHE HAD CHRONIC BACK PAIN, ISN'T THAT TRUE?
19 A. I CAN'T SAY THAT SHE HAD BACK PAIN. SHE COMPLAINED OF
20 PAIN.
21 Q. AND IN FACT, THAT PAIN WAS SEVERE ENOUGH SO THAT AT
22 SANDY REGIONAL, SHE GOT PAIN MEDICATIONS, ISN'T THAT TRUE?
23 A. I CAN'T SAY THAT IT WAS BECAUSE OF THE PAIN. IT MAY
24 HAVE BEEN BECAUSE OF HER COMPLAINTS. Duh.
25 Q. OKAY. AND THEN SHE ALSO HAD HEADACHES, IS THAT RIGHT?
388
1 A. SHE COMPLAINED OF HEADACHES.
2 Q. AND IN FACT, SOME OF THOSE HEADACHES WERE SEVERE ENOUGH
3 THAT THERE WERE OCCASIONS WHEN SHE HAD TO GO TO THE
4 HOSPITAL?
5 A. I DON'T RECALL THAT.
6 Q. DO YOU REMEMBER IN 1994 THAT SHE WENT TO THE ALTA VIEW
7 HOSPITAL COMPLAINING OF HEADACHES AND CHEST PAIN?
8 A. I KIND OF -- YOU KNOW, SINCE YOU SAY THAT, I KIND OF
9 RECALL A TRIP TO THE HOSPITAL, BUT I DON'T REMEMBER ANYTHING
10 COMING OF IT. I DON'T KNOW, I DON'T REMEMBER.
11 Q. WERE YOU WITH YOUR MOM DURING THAT ADMISSION?
12 A. I DON'T THINK SO. THINKING BACK, I KIND OF VAGUELY
13 REMEMBER MY SISTER CALLING ME. MAYBE I WAS, I DON'T KNOW.
14 I VAGUELY REMEMBER MY SISTER CALLING ME.
15 Q. AND SO YOU HAVE SOME VAGUE RECOLLECTION --
16 A. UH-HUH.
17 Q. -- THAT THERE WAS AN ADMISSION FOR CHEST PAIN AND
18 HEADACHES.
19 A. I DON'T KNOW WHAT IT WAS FOR. I DO REMEMBER HER BEING
20 TRANSPORTED TO THE HOSPITAL FOR --
21 Q. DID YOUR SISTER TELL YOU IN THAT ALTA VIEW HOSPITAL
22 ADMISSION THAT YOUR MOM HAD SUFFICIENT -- ENOUGH PAIN THAT
23 THE DOCTOR GAVE HER MORPHINE?
24 A. NO.
25 Q. DID -- WERE YOU AWARE THAT SHE GOT MORPHINE --
389
1 A. NO.
2 Q. -- BACK IN '94 IN THAT HOSPITAL ADMISSION?
3 A. NO.
4 Q. NOW, IF YOU'LL LOOK -- IF YOU'LL TURN TO THE NEXT PAGE
5 PLEASE, WHICH IS PAGE 3 AND IT'S MED-00296 --
6 A. UH-HUH.
7 Q. -- AND IT HAS UP AT THE TOP, SOMEBODY'S WRITTEN IN, IT'S
8 UNDER MEDICAL HOSPITALIZATIONS, AND IT HAS REASONS. DO YOU
9 SEE THAT?
10 A. YES.
11 Q. AND THEN IT LOOKS LIKE THEY REFER TO SOME KIND OF KIDNEY
12 ABSCESS IN CHILDHOOD. AND THEN THEY STATE HERNIATED DISK,
13 1984. AND IT SAYS, POOR CONTROL OF PAIN SINCE.
14 DID I READ THAT CORRECTLY?
15 A. IF THAT'S WHAT THAT SAYS, SINCE, I DON'T KNOW WHAT THAT
16 WORD SAYS, BUT --
17 Q. PARDON ME?
18 A. I CAN'T READ THAT WORD THAT YOU READ AS SINCE. MAYBE
19 THAT'S WHAT IT SAYS.
20 Q. OH, I SEE. OKAY. OKAY. WELL, THAT'S -- THAT'S FINE.
21 AND THEN IF YOU'LL GO DOWN, THERE ARE A COUPLE OTHER
22 REFERENCES TO HOSPITALIZATIONS, AND THEN THERE'S A REFERENCE
23 TO A C.V.A. 1990?
24 A. RIGHT.
25 Q. AND THEN UNDERNEATH THERE, IT SAYS CHRONIC LOW, AND IT
390
1 SAYS N.A. AND THEN IT HAS, LOOKS LIKE ASSORTED SEIZURE,
2 FIVE YEARS IN CARE CENTER. DO YOU SEE THAT?
3 A. I DO SEE IT, BUT I CAN'T TELL YOU FOR SURE IF THAT'S
4 WHAT THAT SAYS, ASSORTED SEIZURE. I CAN SEE FIVE YEARS IN
5 CARE CENTER.
6 Q. LET ME FOCUS YOU ON THE CHRONIC LOW N.A. BECAUSE IT'S
7 A -- N.A. STANDS FOR SODIUM. I'LL JUST REPRESENT THAT TO
8 YOU. I'M NOT TRYING TO TURN YOU INTO A DOC HERE BECAUSE I'M
9 NOT ONE MYSELF OBVIOUSLY. BUT THERE'S BEEN A REFERENCE IN
10 THE MEDICAL RECORDS, AND I THINK WE'VE GONE OVER, WHERE YOUR
11 MOM HAD A REAL DESIRE TO DRINK FLUIDS CONSTANTLY. DO YOU
12 KNOW WHAT THAT WAS ABOUT?
13 A. WELL, I THINK IT WAS AS A RESULT OF THIS LOW SODIUM,
14 MADE HER THIRSTY OR -- THEY RESTRICTED HER FLUIDS BECAUSE OF
15 THE LOW SODIUM, SO I DON'T KNOW IF THE LOW SODIUM MADE HER
16 THIRSTY OR WHAT.
17 Q. BUT AT LEAST THE BEHAVIOR OF HER WANTING TO DRINK AND
18 DRINK CONSTANTLY, THAT'S SOMETHING YOU OBSERVED WHILE SHE
19 WAS AT THE NURSING HOME?
20 A. THAT I DID OBSERVE, YES.
21 Q. AND THEN IF YOU'LL TURN A COUPLE PAGES TO PAGE 5 DOWN AT
22 THE BOTTOM, MED-00298. ARE YOU WITH ME?
23 A. YES.
24 Q. AND THERE ARE A COUPLE OF ENTRIES THAT THEY SAY, PROBLEM
25 WITH BONES AND JOINTS. AND THEN IT HAS H. SLASH O. FOR
391
1 HISTORY OF FALLS, AND THEN SOMEONE WROTE IN FREQUENT. DO
2 YOU RECALL THAT YOUR MOM WOULD FALL?
3 A. NO. I HAVE -- PAGE 298?
4 Q. YES.
5 A. WHERE DID YOU SAY THAT WAS?
6 Q. UNDER SELF-CARE ACTIVITY, EXERCISE PATTERN.
7 A. OH, OKAY. OKAY.
8 Q. I'M SORRY. I SHOULD HAVE INDICATED THAT TO YOU. BUT
9 UNDER WHERE IT SAYS PROBLEMS WITH BONES AND JOINTS, DO YOU
10 SEE THAT?
11 A. YES.
12 Q. AND THEN IT HAS H. SLASH O., HISTORY OF FALLS. THEN IT
13 SAYS FREQUENT. DO YOU SEE THAT?
14 A. YES, UH-HUH.
15 Q. DID SHE HAVE OCCASION WHERE SHE WOULD FREQUENTLY FALL IN
16 THE -- IN THE NURSING HOME?
17 A. I DON'T RECALL IT BEING FREQUENT, AND IT WASN'T ENOUGH
18 TO CAUSE ANY BROKEN BONES OR ANYTHING, AS I RECALL. SHE WAS
19 PROBABLY TRYING TO WALK SOMEWHERE.
20 Q. AND THEN IT ALSO SAYS H. SLASH O., HISTORY OF BACK PAIN.
21 AND YOU AGREE THAT THAT IS CORRECT?
22 A. I AGREE THAT SHE COMPLAINED OF BACK PAIN.
23 Q. SEE IF I CAN GET THIS IN BETTER FOCUS FOR EVERYBODY.
24 OKAY. SHE HAD BACK PAIN. AND THEN ALSO ON THE DOCUMENT
25 YOU'LL SEE THERE IS A REFERENCE TO A HIP FRACTURE, AND IT
392
1 SAYS MAY OF 1995. DO YOU RECALL THAT EVENT?
2 A. I DON'T.
3 Q. AND IT SAYS, RIGHT SIDE. DO YOU SEE THAT?
4 A. UH-HUH, I DO.
5 Q. BUT YOU DON'T HAVE ANY RECOLLECTION OF THAT?
6 A. UNLESS THEY DON'T DO ANYTHING FOR A HIP FRACTURE.
7 Q. OKAY. AND THEN UNDER PAIN SCALE, YOU SEE IT SAYS 1
8 THROUGH 5, AND IT SAYS RATE YOUR PAIN. AND IT'S A 5 WITH A
9 CIRCLE AROUND IT. DO YOU SEE THAT?
10 A. YES.
11 Q. AND YOU UNDERSTAND THAT TO BE THAT IF THE SCALE AT THE
12 LOW END IS 1 AND THE HIGH END IS 5, THAT AT LEAST ON THAT
13 FORM SOMEBODY PUT IN THE HIGH END IN TERMS OF PAIN. DO YOU
14 SEE THAT?
15 A. YES.
16 Q. NOW, IN TERMS OF CARE THAT YOUR MOM RECEIVED, IF I
17 UNDERSTAND IT AS YOU TESTIFIED THAT ON THE LAST DAY OF HER
18 LIFE, WHICH I BELIEVE WAS THE 7TH OF JANUARY OF 1996, YOUR
19 SISTER CONTACTED YOU AND SAID THAT SOMETHING HAPPENED AT THE
20 HOSPITAL AND YOU BETTER GO, IS THAT RIGHT?
21 A. RIGHT.
22 Q. AND ABOUT WHAT TIME DID YOU ARRIVE AT THE HOSPITAL?
23 A. I THINK I WAS -- I WAS ALMOST HOME AND I TURNED RIGHT
24 AROUND AND WENT BACK TO THE HOSPITAL, SO I CAN'T SAY FOR
25 SURE. I IMAGINE I GOT OFF AT 5:00 AND IT WAS SHORTLY AFTER
393
1 THAT, BUT I CAN'T SAY FOR POSITIVE.
2 Q. OKAY. CAN YOU APPROXIMATE THE TIME YOU WOULD HAVE
3 ARRIVED?
4 A. IF I WAS OFF AT 5:00 AND SHE CALLED ME ABOUT THAT TIME,
5 IT WOULD HAVE BEEN MAYBE 5:20 OR 5:30.
6 Q. AND YOU RECALL THAT AT SOME POINT AFTER YOU ARRIVED,
7 THERE WAS A CONVERSATION THAT KAREN HAD WITH DR. WEITZEL, IS
8 THAT RIGHT?
9 A. WELL, SHE HAD IT WITH A DOCTOR.
10 Q. OKAY. CAN YOU IDENTIFY THAT CONVERSATION HAVING BEEN
11 WITH THIS GENTLEMAN HERE WHO IS DR. WEITZEL?
12 A. NO.
13 Q. OKAY. HOW DO YOU KNOW IT WAS DOCTOR THEN?
14 A. SHE TOLD ME SHE HAD TALKED TO THE DOCTOR. I SAW HER
15 WALK OVER AND TALK TO A MALE AND SHE JUST -- I JUST TALKED
16 TO THE DOCTOR.
17 Q. OKAY. SO IT'S BASED UPON WHAT SHE TOLD YOU --
18 A. RIGHT.
19 Q. -- THAT YOU'RE JUST MAKING THE --
20 A. OBSERVE --
21 Q. -- CONCLUSION IT WAS A DOCTOR.
22 A. YEAH.
23 Q. OKAY. AND WHEN SHE HAD THE CONVERSATION WITH THE
24 DOCTOR, YOU TESTIFIED IT WAS IN THE CORNER OF THE ROOM, IS
25 THAT RIGHT?
394
1 A. YES.
2 Q. AND HAD KAREN BEEN THERE FOR A PERIOD OF TIME BEFORE
3 THAT CONVERSATION TOOK PLACE?
4 A. I BELIEVE SO.
5 Q. IN OTHER WORDS, KAREN CAME TO THE HOSPITAL AS WELL, IS
6 THAT RIGHT?
7 A. YES, YES.
8 Q. AND WAS SHE THERE BEFORE YOU GOT THERE OR DID YOU GET
9 THERE FIRST?
10 A. I GOT THERE FIRST.
11 Q. AND ABOUT HOW LONG AFTER YOU WERE THERE DID KAREN
12 ARRIVE?
13 A. THIS WAS SEVERAL YEARS AGO. I BELIEVE I WAS THERE FOR
14 MAYBE AN HOUR BEFORE KAREN COULD GET THERE.
15 Q. OKAY. AND WHEN KAREN CAME IN, IS IT TRUE THAT KAREN OF
16 COURSE NOT ONLY ACKNOWLEDGED YOUR PRESENCE, BUT WENT OVER
17 AND LOOKED AT YOUR MOM AND OBSERVED HER, IS THAT RIGHT?
18 A. YES, YES.
19 Q. AND I'M SURE WAS CONCERNED ABOUT HER WELFARE AND
20 CIRCUMSTANCES OF HER HEALTH, IS THAT CORRECT?
21 A. UH-HUH, YES.
22 Q. AND KAREN WHEN SHE ARRIVED, WAS SHE ALONE OR WAS SHE
23 WITH SOMEONE?
24 A. SHE BOUGHT HER HUSBAND AND HER TWO KIDS.
25 Q. OKAY. AND THEN ABOUT HOW LONG AFTER -- SHE GOT THERE
395
1 ABOUT AN HOUR AFTER YOU DID. ABOUT HOW LONG AFTER SHE
2 ARRIVED DID YOU OBSERVE THIS CONVERSATION WITH THIS PERSON
3 THAT YOU CAN AT LEAST THINK WAS A DOCTOR?
4 A. MAYBE ANOTHER HOUR OR SO.
5 Q. OKAY. SO MAYBE AROUND 7:00ISH OR 7:30?
6 A. MAYBE.
7 Q. WOULD THAT PUT US IN THE APPROXIMATE TIME FRAME? I
8 REALIZE IT'S A LONG TIME AGO. AND SHE WAS THE ONLY ONE WHO
9 CONVERSED WITH THE DOCTOR, IS THAT CORRECT?
10 A. I THINK HER HUSBAND WAS WITH HER.
11 Q. OKAY. AND HE WAS IN THE CORNER OF THE ROOM AS WELL?
12 A. UH-HUH.
13 Q. AND AFTER THAT CONVERSATION TOOK PLACE, DID YOU OBSERVE
14 AT ANY POINT THEREAFTER ANY OF THE NURSES GIVING YOUR MOM AN
15 INJECTION OR GIVING HER ANY MEDICATION?
16 A. WHEN YOU SAY THAT THEN I CAN PICTURE IN MY MIND A NURSE
17 MAYBE EVEN GIVING HER AN INJECTION, BUT I CAN'T, YOU KNOW,
18 IF I WAS ASKED TO RECITE IT, I CAN'T RECALL. IT'S BEEN TOO
19 LONG.
20 Q. CAN'T BE SURE ABOUT THAT.
21 A. UN-UNH.
22 Q. YOU JUST REMEMBER THE I.V.
23 A. YEAH, I THOUGHT THERE WAS AN I.V., BUT SINCE YOU SAID
24 INJECTION, I ALMOST CAN PICTURE HER BEING ROLLED OVER AND
25 RECEIVING AN INJECTION, BUT I CAN'T SAY FOR SURE.
396
1 Q. AND THEN YOU AND KAREN AND HER HUSBAND AND THEN SOME
2 OTHER FAMILY MEMBERS WERE THERE UNTIL YOUR MOM PASSED AWAY,
3 IS THAT RIGHT?
4 A. RIGHT.
5 Q. AND THAT WAS SOMETIME BEFORE MIDNIGHT?
6 A. RIGHT.
7 Q. NOW, IF YOU'LL TURN PLEASE ONCE AGAIN EXHIBIT 5, THERE'S
8 A TAB THAT SAYS MEDICAL/LEGAL. IT'S KIND OF TOWARDS THE
9 END.
10 A. OKAY.
11 Q. LET ME SEE IF I CAN FIRE THIS THING UP AGAIN. NOW, THE
12 FIRST DOCUMENT IN FRONT OF YOU SHOULD BE A DOCUMENT, AND IT
13 HAS DOWN AT THE BOTTOM TO THE RIGHT, MED-00336. DO YOU SEE
14 THAT?
15 A. YES.
16 Q. AND THAT IS A DOCUMENT -- DO YOU RECOGNIZE THAT DOCUMENT
17 AS HAVING YOUR MOM'S SIGNATURE?
18 A. YES, I RECOGNIZE MY MOTHER'S SIGNATURE.
19 Q. NOW, THAT DOCUMENT SAYS, THE FOLLOWING CARE AND
20 TREATMENT OR WITHHOLDING OF TREATMENT IS DIRECTED WITH
21 RESPECT TO THE DECLARANT, AND THEN IT LOOKS LIKE THE DATE
22 DOWN THERE IS 3/22/91. DO YOU SEE THAT?
23 A. YES.
24 Q. AND THAT'S YOUR MOM'S SIGNATURE DOWN AT THE BOTTOM?
25 A. YES.
397
1 Q. AND THEN THERE LOOKS LIKE A SIGNATURE FOR ATTENDING
2 PHYSICIAN. DO YOU REMEMBER A DR. ANDERSON?
3 A. YES.
4 Q. DOES THAT APPEAR TO BE DR. ANDERSON'S SIGNATURE?
5 A. I'VE NEVER SEEN HER SIGNATURE, SO --
6 Q. OKAY. BUT SHE'S -- SHE'S SOMEBODY WHO TOOK CARE OF YOUR
7 MOM --
8 A. YES.
9 Q. -- ABOUT THIS TIME PERIOD?
10 A. YES.
11 Q. AND YOU NOTICE THAT IN THAT PARTICULAR DOCUMENT, THERE'S
12 A CERTAIN CATEGORY OF BOXES THAT ARE CHECKED. DO YOU SEE
13 THAT?
14 A. YES.
15 Q. AND FOR EXAMPLE, ONE OF THE BOXES IN THE MIDDLE THERE,
16 C.P.R. IS CHECKED NO. DO YOU SEE THAT?
17 A. YES.
18 Q. AND THEN, FOR EXAMPLE, IF YOU GO DOWN, CHEMOTHERAPY IS
19 CHECKED NO. DO YOU SEE THAT?
20 A. YES.
21 Q. AND THEN OFF TO THE RIGHT THERE IS ANOTHER ONE THAT'S
22 CHECKED NO FOR I.V. FLUIDS. DO YOU SEE THAT?
23 A. YES.
24 Q. WERE YOU AWARE THAT YOUR MOM HAD SIGNED SUCH A DOCUMENT
25 BEFORE HER ADMISSION TO THE HOSPITAL BACK IN 1991?
398
1 A. YES.
2 Q. AND WERE YOU AWARE OF THOSE PARTICULAR WISHES IN TERMS
3 OF MEDICAL TREATMENT AS SHE EXPRESSED IN THAT PARTICULAR
4 DOCUMENT, AT LEAST IN A GENERAL WAY?
5 A. IN A GENERAL WAY, YES.
6 Q. SURE. NOW, IF YOU'LL TURN A COUPLE OF PAGES, MISS
7 CHARLESWORTH, TO GO TO MED-00339.
8 A. OKAY.
9 Q. AND THAT'S A DOCUMENT THAT HAS SPECIAL POWER OF ATTORNEY
10 AT THE TOP, DOES IT NOT?
11 A. YES.
12 Q. AND THIS IS A DOCUMENT WITH YOUR MOM'S SIGNATURE UNDER
13 PRINCIPAL'S SIGNATURE?
14 A. YES.
15 Q. AND IT APPEARS THAT IN THIS DOCUMENT SHE SAYS, I, MARY
16 R. CRANE, RESIDING AT -- AND I WON'T READ THE ADDRESS -- ON
17 THIS 28TH DAY OF DECEMBER, 1995, BEING OF SOUND MIND,
18 WILLFULLY AND VOLUNTARILY APPOINT KAREN BRINGHURST, AND THEN
19 IT GOES ON FROM THERE. STATES CONCERNING HER ATTORNEY IN
20 FACT WITH RESPECT TO -- I'M PARAPHRASING -- HER MEDICAL
21 CARE. WERE YOU AWARE THAT THAT DOCUMENT HAD BEEN SIGNED ON
22 THE 28TH OF DECEMBER?
23 A. YES.
24 Q. IN FACT, WERE YOU PRESENT WHEN YOUR MOM SIGNED THIS
25 DOCUMENT?
399
1 A. WELL, EARLIER I SAID IT WAS THE 29TH. IT MUST HAVE BEEN
2 THE 28TH THEN OF DECEMBER. I WAS THERE, YES.
3 Q. SURE. AND IN FACT, ISN'T IT TRUE THAT ON THE ADMISSION
4 OR DURING THE ADMISSION PROCESS, SOMEBODY FROM THE HOSPITAL
5 TALKED TO YOU AND KAREN AND YOUR MOM ABOUT WHAT ARE CALLED
6 MEDICAL DIRECTIVES?
7 A. YES, WHILE SHE WAS BEING ADMITTED.
8 Q. SURE. AND THE MEDICAL DIRECTIVES, YOUR UNDERSTANDING
9 WAS, THEY WERE DEALING WITH THE VERY THING THAT MIGHT BE IN
10 A LIVING WILL OR SOMETHING COMPARABLE IN TERMS OF
11 WITHHOLDING CERTAIN TREATMENT OR WITHDRAWING CERTAIN
12 TREATMENT UNDER CERTAIN CIRCUMSTANCES.
13 A. MY UNDERSTANDING OF THAT DIRECTIVE IS THAT IF SHE WERE
14 TERMINALLY ILL, THAT'S WHAT HER INSTRUCTIONS WOULD BE.
15 Q. SURE. IN OTHER WORDS, IF SHE HAD A PARTICULAR MEDICAL
16 PROBLEM, SHE WAS BASICALLY DIRECTING THE PHYSICIAN IN TERMS
17 OF CERTAIN KINDS OF TREATMENTS THAT COULD OR COULD NOT BE
18 PROVIDED GIVEN THE CIRCUMSTANCE.
19 A. YEAH. LIKE I SAY, MY UNDERSTANDING WAS THAT IF SHE
20 WERE -- THAT WAS HER DIRECTIVE IN ADVANCE IF SHE WERE TO
21 BECOME TERMINALLY ILL.
22 Q. SURE. AND IN THIS, THIS SPECIAL POWER OF ATTORNEY, SHE
23 WAS GIVING KAREN THAT LEGAL AUTHORITY TO ACT IN HER STEAD
24 UNDER CERTAIN CIRCUMSTANCES.
25 A. THAT'S WHAT IT LOOKS LIKE.
400
1 Q. OKAY.
2 THE COURT: MR. STIRBA, HOW MUCH LONGER DO YOU
3 THINK YOU'LL BE?
4 MR. STIRBA: I DO HAVE A FEW MINUTES, YOUR HONOR.
5 PROBABLY LONGER THAN --
6 THE COURT: WE'VE BEEN GOING FOR --
7 MR. STIRBA: -- A FEW MINUTES.
8 THE COURT: OKAY. LADIES AND GENTLEMEN, WE'VE BEEN
9 GOING FOR OVER AN HOUR, AND SO I THINK WE'LL TAKE A BREAK SO
10 EVERYBODY CAN WALK AROUND.
11 (AFTER ADMONISHING THE JURY, THE COURT TOOK
12 A BRIEF RECESS.)
13 THE COURT: IF WE COULD HAVE MISS CHARLESWORTH, IF
14 YOU'D JUST COME FORWARD PLEASE SO WE'LL BE STARTING AGAIN.
15 (THE JURY RETURNED TO THE COURTROOM.)
16 THE COURT: OKAY. PLEASE BE SEATED. I BELIEVE,
17 MR. STIRBA, YOU WERE EXAMINING THIS WITNESS.
18 MR. STIRBA: YES. THANK YOU, YOUR HONOR.
19 Q. MISS CHARLESWORTH, YOU TESTIFIED EARLIER ABOUT YOUR MOM
20 COMPLAINING OF PAIN ALL THE TIME. WHEN SHE COMPLAINED, DO I
21 UNDERSTAND YOU, YOU BELIEVED THAT SHE WAS IN PAIN?
22 A. NO, NOT ALL THE TIME. SHE -- SHE -- IT WAS SOMETHING
23 SHE WAS IN THE HABIT OF SAYING. SHE HAD SAID IT AS LONG AS
24 I COULD REMEMBER. EVEN WITH ME GROWING UP, WAS SOMETHING
25 SHE WAS IN THE HABIT OF SAYING. AND IF SHE WAS BORED, YOU
401
1 KNOW, OR WANTED ATTENTION, SHE WOULD SAY THAT. SO I'M NOT
2 SAYING SHE WASN'T IN PAIN --
3 Q. SURE, BUT BASED UPON OBVIOUSLY THE UNIQUE PERSPECTIVE
4 YOU HAD, YOU MIGHT PERCEIVE IT DIFFERENTLY WHEN SHE SAYS IT
5 THAN SOMEBODY ELSE.
6 A. RIGHT.
7 Q. THIS PHOTOGRAPH WHICH IS PLAINTIFF'S EXHIBIT 8, I NOTICE
8 FIRST OF ALL, IT APPEARS TO BE A CROPPED PHOTOGRAPH. DO YOU
9 KNOW --
10 A. I DID THAT. SHE -- IT WAS -- THERE WAS A -- WE HAD A
11 SNAPSHOT AND THAT'S ALL. THAT WAS THE MOST RECENT. WE
12 WANTED SOMETHING REAL RECENT.
13 Q. UH-HUH.
14 A. YOU KNOW, REALLY RECENT. AND THERE WAS A BIG SHADOW, SO
15 THEY CUT THE SHADOW OUT AND PUT IT ON A PIECE OF PAPER.
16 Q. I SEE. SO THIS WAS ONE OF THE PHOTOS YOU HAD --
17 A. UH-HUH.
18 Q. -- IN YOUR I GUESS COLLECTION AND --
19 A. YES.
20 Q. -- AND PROVIDED. DO YOU KNOW WHO TOOK THE PHOTO?
21 A. IT WAS EITHER ME OR MY SISTER.
22 Q. AND DO YOU KNOW WHEN THE PHOTO WAS TAKEN?
23 A. THAT -- THERE WAS ALSO A CHRISTMAS TREE IN THE
24 BACKGROUND, SO IT COULD HAVE BEEN WEEKS BEFORE HER DEATH. I
25 BELIEVE IT WAS, I BELIEVE THAT WAS -- THAT WAS ONE OF THE
402
1 VERY LAST ONES TAKEN.
2 Q. I SEE. SO IT WAS TAKEN YOU THINK SOMETIME IN DECEMBER
3 OF '95?
4 A. YES.
5 Q. AND WAS SHE STILL IN THE SANDY REGIONAL --
6 A. YES.
7 Q. -- NURSING HOME FACILITY AT THE TIME?
8 A. THAT'S WHERE THE PICTURE WAS TAKEN.
9 Q. IN OTHER WORDS, THIS WASN'T A PHOTOGRAPH TAKEN WHEN SHE
10 WAS IN THE HOSPITAL?
11 A. NO.
12 Q. NOW, I'M GONNA ASK YOU TO GO BACK IN EXHIBIT 5, IF YOU
13 WOULD PLEASE. DO YOU STILL HAVE THE MEDICAL/LEGAL TAB OPEN
14 TO THAT?
15 A. YES.
16 Q. AND I WANNA DIRECT YOUR ATTENTION TO ANOTHER DOCUMENT.
17 IT HAS THE NUMBER MED-00341 DOWN AT THE LOWER RIGHT-HAND
18 CORNER.
19 A. OKAY.
20 Q. DO YOU SEE THAT?
21 A. YES.
22 Q. NOW, THIS DOCUMENT HAS AT THE TOP MEDICAL TREATMENT
23 PLAN, CORRECT?
24 A. YES.
25 Q. AND IT APPEARS AT LEAST THERE'S A DATE, THERE'S ACTUALLY
403
1 TWO DATES ON THE DOCUMENT, THERE'S A DATE AT THE TOP, IT
2 SAYS 12/28/95. DO YOU SEE THAT?
3 A. YES.
4 Q. AND THEN THERE'S ANOTHER DATE IN THE MIDDLE, IT APPEARS
5 TO BE 12/30/95. DO YOU SEE THAT?
6 A. YES.
7 Q. AND THEN THERE'S ATTENDING PHYSICIAN AND YOUR BASIC
8 PHYSICIAN CHICKEN SCRATCH. DO YOU SEE THAT?
9 A. YES.
10 Q. NOW, 1/2/28, DO YOU AGREE WITH ME THAT THAT'S THE DATE
11 WHEN YOUR MOM WAS ADMITTED?
12 A. YES.
13 Q. AND THIS PARTICULAR DOCUMENT WAS ONE OF THE DOCUMENTS
14 THAT YOU, YOUR MOM, AND YOUR SISTER KAREN DISCUSSED AND WERE
15 PROVIDED IN THE ADMISSION PROCESS?
16 A. I DON'T RECALL THIS. THAT DOESN'T MEAN IT DIDN'T
17 HAPPEN. I JUST DON'T RECALL IT.
18 Q. LET ME FLIP DOWN A LITTLE BIT MORE THERE, YOU SEE A
19 SIGNATURE OF KAREN BRINGHURST?
20 A. YES.
21 Q. THAT'S YOUR SISTER?
22 A. YES.
23 Q. AND DOES THAT APPEAR TO BE HER SIGNATURE?
24 A. IT APPEAR -- YES, IT APPEARS TO BE HER SIGNATURE.
25 Q. AND THEN ALSO THERE'S A SIGNATURE, IT LOOKS LIKE
404
1 FACILITY -- FACILITY REPRESENTATIVE DOWN AT THE LEFT. DO
2 YOU SEE THAT?
3 A. YES.
4 Q. AND DO YOU RECALL NOW SEEING KAREN'S SIGNATURE AND THAT
5 SIGNATURE OF THE FACILITY REPRESENTATIVE OF THIS DOCUMENT
6 BEING SIGNED DURING THE ADMISSION PROCESS?
7 A. I DON'T RECALL IT.
8 Q. NOW, DO YOU SEE WHERE IT SAYS, ONCE AGAIN, WE HAVE A
9 NUMBER OF CHECKS, AND WE HAVE THE FOLLOWING CARE AND
10 TREATMENT IS DIRECTED WITH RESPECT TO THE DECLARANT. AND
11 THEN WE HAVE A NUMBER OF ONES CHECKED YES. AND A NUMBER
12 CHECKED NO. DO YOU SEE THAT?
13 A. YES.
14 Q. DO YOU HAVE ANY RECOLLECTION OF KAREN CHECKING ANY OF
15 THOSE BOXES AND SIGNING THIS DOCUMENT IN TERMS OF DIRECTING
16 CERTAIN CARE ON BEHALF OF YOUR MOM?
17 A. NO, I DON'T.
18 Q. YOU'RE AWARE, ARE YOU NOT, THAT KAREN TESTIFIED AT A
19 PREVIOUS HEARING CONCERNING THIS MATTER?
20 A. I KNOW SHE TESTIFIED.
21 Q. AND ARE YOU AWARE THAT A TRANSCRIPT; THAT IS, A COURT
22 REPORTER TOOK DOWN EVERYTHING THAT SHE SAID IN THAT HEARING?
23 A. I AM AWARE OF THAT.
24 Q. OKAY. AND BEFORE YOU CAME HERE TODAY, DID SOMEBODY SHOW
25 YOU A COPY OF HER HEARING TRANSCRIPT?
405
1 A. NO.
2 MR. STIRBA: THAT'S ALL I HAVE, YOUR HONOR.
3 THE COURT: MR. WILSON, ANY REDIRECT?
4 REDIRECT EXAMINATION
5 BY MR. WILSON:
6 Q. JUST A COUPLE OF QUICK QUESTIONS. KATHY, YOU'VE
7 TESTIFIED THAT ON CROSS-EXAMINATION THAT YOUR MOTHER
8 COMPLAINED OF PAIN. COMPLAINED OF HEADACHE PAIN.
9 COMPLAINED OF BACK PAIN. IS THAT CORRECT.
10 A. YES.
11 Q. WAS THAT SOMETHING THAT HAPPENED FREQUENTLY WHEN YOU
12 WOULD VISIT WITH HER?
13 A. YES.
14 Q. OKAY. DID YOU HAVE ANY IMPRESSIONS BASED UPON THOSE
15 CONVERSATIONS WITH YOUR MOTHER AS TO WHETHER OR NOT THE PAIN
16 WAS REAL OR IMAGINED?
17 A. I CAN ONLY COMPARE IT WITH THE DAY SHE HAD HER STROKE
18 WHEN SHE WAS IN PAIN. DID HAVE A REALLY BAD HEADACHE, AND
19 IT WAS NOT LIKE HER GENERAL COMPLAINTS OF PAIN.
20 Q. OKAY. BUT WAS IT OF A NATURE -- I MEAN WAS SHE
21 IMMOBILIZED AS A RESULT OF THAT PAIN?
22 A. NO, NO.
23 Q. SO SHE COULD FREELY TALK TO YOU AND ASSOCIATE WITH YOU
24 AND DO ALL THOSE KINDS OF THINGS.
25 A. (WITNESS NODS.)
406
1 Q. ALL RIGHT. WERE YOU AWARE OF -- I THINK COUNSEL ASKED
2 YOU ABOUT A HOSPITALIZATION OR SOME KIND OF TREATMENT THAT
3 TOOK PLACE IN 1994 AT THE ALTA VIEW HOSPITAL?
4 A. WHEN MR. STIRBA BROUGHT IT UP, I CAN RECALL SOMETHING,
5 BUT I JUST CAN'T -- I DON'T EVEN REMEMBER WHAT --
6 Q. OKAY.
7 A. -- WHAT HAPPENED.
8 Q. SO YOU DON'T HAVE ANY IDEA OF WHAT OCCURRED ON THAT
9 PARTICULAR DAY?
10 A. I DON'T RECALL.
11 Q. OKAY. AND ALTA VIEW IS A HOSPITAL IN SALT LAKE I THINK,
12 IS IT NOT?
13 A. RIGHT.
14 Q. OKAY. THESE DOCUMENTS THAT WERE SHOWN TO YOU BY
15 MR. STIRBA THAT RELATE TO THE ADVANCE DIRECTIVES, FROM THAT
16 STANDPOINT, IS IT YOUR TESTIMONY YOU REALLY DON'T RECALL
17 ANYTHING ABOUT THOSE THINGS?
18 A. I REMEMBER MY MOTHER -- I RECEIVED WORD FROM MY SISTER
19 THAT MY MOTHER SIGNED ONE WHEN SHE ENTERED SANDY REGIONAL.
20 Q. OKAY.
21 A. AND I KNOW THAT SOMETHING WAS DONE LIKE SHE SIGNED
22 ANOTHER ONE WHEN SHE ENTERED DAVIS NORTH.
23 Q. OKAY.
24 A. BUT THAT'S ALL I KNOW.
25 Q. SO THAT'S ALL YOU'RE AWARE OF?
407
1 A. UH-HUH, YES.
2 MR. WILSON: OKAY. NO FURTHER QUESTIONS, YOUR
3 HONOR.
4 THE COURT: ANYTHING FURTHER OF THIS WITNESS?
5 MR. STIRBA: NONE, YOUR HONOR. THANK YOU.
6 THE COURT: OKAY. YOU MAY --
7 MR. WILSON: MAY THIS WITNESS BE EXCUSED, YOUR
8 HONOR?
9 THE COURT: YES.