Rebuttal - Barbara Poelman
2 BARBARA POHLMAN,
3 CALLED BY THE PLAINTIFF AS A REBUTTAL WITNESS, HAVING BEEN
4 PREVIOUSLY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
5 DIRECT EXAMINATION
6 BY MR. MAJOR:
7 Q. WOULD YOU STATE YOUR FULL NAME FOR THE RECORD AGAIN.
8 A. BARBARA POHLMAN.
9 Q. AND I WOULD LIKE TO REMIND YOU THAT YOU HAVE TESTIFIED
10 IN THIS COURT ON ONE OCCASION AND YOU WERE PLACED UNDER OATH
11 AT THAT TIME. DO YOU RECALL THAT?
12 A. YES.
13 Q. AND THAT OATH STILL APPLIES AT THIS TIME. I WOULD LIKE
14 TO RECALL YOUR ATTENTION BACK TO THE 29TH DAY OF
15 DECEMBER 1995 AND ASK YOU ON THAT OCCASION, DID YOU
16 ACCOMPANY YOUR MOTHER, ELLEN ANDERSON, TO THE DAVIS HOSPITAL
17 IN LAYTON?
18 A. YES, I DID.
19 Q. AND WHO WAS WITH YOU WHEN YOU WENT THERE?
20 A. MY HUSBAND WENT WITH ME.
21 Q. AND APPROXIMATELY WHAT TIME DID YOU ARRIVE AT THE
22 HOSPITAL?
23 A. AROUND FOUR.
24 Q. IN THE AFTERNOON?
25 A. YES.
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1 Q. AND WHAT DID YOU DO WHEN YOU FIRST ARRIVED AT THE
2 HOSPITAL?
3 A. WE WENT TO ADMISSIONS AND STARTED FILLING OUT THE PAPERS
4 TO HAVE HER ADMITTED.
5 Q. WAS YOUR MOTHER WITH YOU AT THAT TIME?
6 A. SHE WAS, YES.
7 Q. AND WHERE WAS ADMISSION LOCATED AT?
8 A. IN THE HOSPITAL. YOU MEAN LOCATION?
9 Q. LOCATION IN THE HOSPITAL?
10 A. ON THE GROUND FLOOR, AS I RECALL.
11 Q. IT WAS NOT IN THE UNIT THEN?
12 A. NO.
13 Q. HOW LONG APPROXIMATELY DID THAT TAKE?
14 A. OH, IT WAS A COUPLE OF HOURS. QUITE LONG.
15 Q. AND AFTER YOU HAD COMPLETED THE DOCUMENTATION OF THE
16 ADMISSION, WHAT DID YOU DO?
17 A. WE WENT UP TO THE UNIT WITH HER AFTER THAT.
18 Q. APPROXIMATELY WHAT TIME DID YOU ARRIVE UP ON THE UNIT,
19 DO YOU KNOW?
20 A. IT WAS PROBABLY AROUND SIX OR 6:30.
21 Q. WHAT HAPPENED WHEN YOU GOT UP ON THE UNIT?
22 A. THEN THEY GOT HER READY AND PLACED HER IN THE BED AND
23 TRIED -- WE JUST TALKED WITH HER QUIETLY AS WE DID BEFORE
24 DOWN IN THE ADMISSIONS. SHE WAS IN A WHEELCHAIR AND WE JUST
25 HELD HER HAND TO GIVE HER SUPPORT AND EVERYTHING. SHE WAS
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1 VERY CALM AND PEACEFUL.
2 Q. AND APPROXIMATELY WHAT TIME DID YOU LEAVE?
3 A. IT WAS SOMETIME AFTER SEVEN THAT EVENING. NEAR 7:30, I
4 THINK.
5 Q. AND AGAIN, WHAT WAS YOUR MOTHER'S CONDITION LIKE DURING
6 THIS PERIOD OF TIME FROM APPROXIMATELY FOUR O'CLOCK TO 7:30?
7 A. SHE WAS -- SHE WAS QUIET. SHE WOULD LOOK OVER AT US,
8 YOU KNOW, SORT OF WONDERING WHAT WAS HAPPENING. AND I JUST
9 HELD HER HAND AND TALKED WITH HER QUIETLY.
10 Q. WAS SHE SCREAMING?
11 A. NO, SHE WAS NOT.
12 Q. DID SHE YELL AT ALL?
13 A. NO, SHE DID NOT.
14 Q. DID THAT CHANGE WHEN YOU LEFT?
15 A. WHEN I LEFT THE ROOM SHE CALLED OUT TO ME AND I LOOKED
16 AT MY HUSBAND AND FELT CONCERN BECAUSE I FELT REALLY SAD TO
17 LEAVE HER IN THAT SITUATION, THERE ALONE; AND I HEARD HER
18 CALL TWO OR THREE TIMES MY NAME.
19 Q. DURING THIS PERIOD OF TIME, FROM THE TIME YOU ARRIVED AT
20 THE HOSPITAL AND FILLED OUT THE FORMS UNTIL THE TIME YOU
21 LEFT, DID YOU EVER SEE DR. WEITZEL?
22 A. I DID NOT.
23 Q. DID YOU EVER TALK TO HIM AT ALL?
24 A. I DID NOT.
25 Q. AND DID -- YOU INDICATED THAT YOU HAD NOT -- THAT YOUR
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1 MOTHER WAS WITH YOU DURING THIS WHOLE PERIOD OF TIME?
2 A. SHE WAS.
3 Q. WAS THERE ANY TIME WHEN DR. WEITZEL WOULD HAVE SEEN YOUR
4 MOTHER?
5 A. NO.
6 MR. MAJOR: WE HAVE NO FURTHER QUESTIONS, YOUR
7 HONOR.
8 CROSS-EXAMINATION
9 BY MR. STIRBA:
10 Q. GOOD MORNING.
11 A. GOOD MORNING.
12 Q. YOU TESTIFIED THAT YOU WERE IN ADMISSIONS DOWNSTAIRS FOR
13 A COUPLE OF HOURS?
14 A. AS I RECALL.
15 Q. AND WERE YOU WITH YOUR MOTHER THE WHOLE TIME?
16 A. I WAS, THE WHOLE TIME.
17 Q. THE HOSPITAL RECORDS INDICATE THAT SHE WAS ACTUALLY
18 ADMITTED AT 4:10. HAVE YOU REVIEWED THAT? ARE YOU AWARE OF
19 THAT?
20 A. I HAVEN'T REVIEWED IT.
21 Q. OKAY. IS IT POSSIBLE THAT SHE ACTUALLY WAS IN THE
22 PATIENT ROOM AT ABOUT 4:30 THAT AFTERNOON?
23 A. NO. WE WERE THERE AT THE DESK FOR ALMOST TWO HOURS
24 FILLING OUT VARIOUS FORMS. SHE WAS IN THE WHEELCHAIR AND
25 EITHER I HELD HER HAND OR MY HUSBAND DID, WAS HOLDING HER
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1 HAND.
2 Q. AND IS IT POSSIBLE THAT DURING THE TIME YOU WERE THERE
3 WOULD SHE BE MOANING?
4 A. SHE WAS NOT. SHE WAS JUST REALLY QUIET. REALLY QUIET.
5 Q. WOULD SHE HAVE BEEN CRYING?
6 A. NO, SHE DIDN'T CRY. SHE JUST HAD THIS SORT OF -- YOU
7 KNOW, WOULD LOOK UP AT US AT TIMES AND JUST WONDERED WHAT
8 WAS HAPPENING.
9 Q. DO YOU RECALL IF SHE WAS -- WOULD YOU DESCRIBE HER AS
10 BEING AGITATED?
11 A. NOT AT ALL. SHE WAS VERY PLACID, VERY QUIET.
12 Q. DO YOU RECALL IF THERE WAS A NURSE, OR SOMEBODY MAYBE
13 HAVING THAT POSITION, THAT WAS -- THAT WAS OBSERVING AND
14 KEEPING TRACK OF YOUR MOTHER DURING THE TIME THAT -- DURING
15 THE ADMISSION PROCESS EVERY FEW MINUTES?
16 A. THE ONLY INDIVIDUAL I RECALL BEING THERE WAS THE ONE WHO
17 WAS ASKING ME ALL THE QUESTIONS AND HAVING ME FILL OUT FORMS
18 AND SO FORTH. THERE WERE OTHER PEOPLE IN THE AREA, BUT NOT
19 THAT WAS CONNECTED WITH US.
20 Q. OKAY. AND SO YOUR TESTIMONY IS THAT YOU ARE DOWN IN --
21 I UNDERSTAND IT'S DOWNSTAIRS. YOU ARE DOWNSTAIRS IN THE
22 ADMISSION PROCESS. YOU GET TO THE HOSPITAL ABOUT FOUR. AND
23 YOU THINK THAT TAKES ABOUT TWO HOURS; IS THAT RIGHT?
24 THE COURT: YOU HAVE TO ANSWER OUT LOUD.
25 THE WITNESS: YES, I DO.
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1 Q. (BY MR. STIRBA) AND THEN, AS I UNDERSTAND IT, YOU TAKE
2 YOUR MOTHER WITH YOUR HUSBAND AND YOU GO UPSTAIRS TO THE
3 SECOND FLOOR WHERE THE ACTUAL UNIT WAS?
4 A. CORRECT.
5 Q. SO THAT WOULD BE SOMEWHERE AROUND SIX O'CLOCK?
6 A. AROUND THERE, YES.
7 Q. AND THEN WHEN YOU GET UP THERE, I ASSUME THAT THEN YOUR
8 MOM WAS PUT IN A ROOM; IS THAT RIGHT?
9 A. SHE WAS.
10 Q. AND THEN YOU FOLKS WERE THERE FOR ABOUT HOW LONG AFTER
11 THAT UNTIL YOU LEFT?
12 A. WELL, DEPENDING ON IF IT WAS WHATEVER, AROUND SIX. WE
13 STAYED UNTIL AFTER SEVEN. IT WAS TEN AFTER TO 7:30 I'D SAY
14 THAT WE STAYED THERE WITH HER.
15 Q. NOW, THIS GOES -- THIS GOES BACK A FEW YEARS. WE'RE
16 TALKING ABOUT THE LATTER PART OF '95. HAVE YOU HAD A CHANCE
17 TO REVIEW THE HOSPITAL RECORDS SINCE THAT TIME TO SORT OF
18 SEE IF YOUR MEMORY JIVES WITH THE HOSPITAL RECORDS?
19 A. NO, I HAVE NOT.
20 Q. WOULD IT SURPRISE YOU TO KNOW THAT THERE'S AN ACTUAL
21 RECORD IN THE MEDICAL CHART CALLED AN OBSERVATION RECORD AND
22 THAT IT SAYS THAT AS OF 4:30 THAT AFTERNOON YOUR MOTHER WAS
23 ACTUALLY IN A PATIENT ROOM ON THE UNIT?
24 A. YES, IT WOULD.
25 Q. THAT DOESN'T SQUARE WITH YOUR RECOLLECTION?
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1 A. NO, IT DOES NOT.
2 Q. AND ALSO WOULD IT SURPRISE YOU THAT THE ACTUAL NURSING
3 ASSESSMENT FORM, WHICH WAS A FORM I GUESS THAT SOME NURSE
4 PREPARED ON ADMISSION -- I DON'T KNOW WHEN THE TIME WAS, BUT
5 IT'S IN THE RECORD -- DESCRIBES YOUR MOTHER AS BEING
6 BASICALLY MOANING AND CRYING? WOULD THAT SURPRISE YOU?
7 A. YES, IT WOULD.
8 Q. AND WOULD IT ALSO SURPRISE YOU IN THIS OBSERVATION FORM
9 THAT YOUR MOTHER'S CHARACTERIZED AS BEING AGITATED?
10 A. YES.
11 Q. THAT'S INCONSISTENT --
12 A. YOU ARE TALKING ABOUT FROM FOUR O'CLOCK UNTIL WE LEFT?
13 Q. YEAH. ACTUALLY I'M TALKING ABOUT FROM 4:30, YES, UNTIL
14 YOU LEFT, THAT'S RIGHT.
15 A. UH-HUH. YES.
16 Q. WOULD THAT SURPRISE YOU?
17 A. IT DOES. THAT'S NOT THE WAY I RECALL IT.
18 Q. OKAY. NOW, WHEN YOU GOT UP ON THE -- ON THE UNIT FLOOR,
19 DID YOU SEE MORE THAN ONE PERSON WHO WAS WORKING THERE?
20 A. I COULDN'T SAY. I MEAN, I WAS CONCERNED WITH MY MOTHER
21 AND IT WAS -- MY ATTENTION WAS DIRECTED THAT WAY, SO I COULD
22 NOT SAY.
23 Q. I'M SURE THAT -- THAT UNDER THE CIRCUMSTANCES THAT'S
24 WHERE YOU WERE FOCUSED; IS THAT A FAIR STATEMENT?
25 A. THAT'S CORRECT.
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1 MR. STIRBA: OKAY. THAT'S ALL I HAVE, JUDGE.
2 THE COURT: ANY REDIRECT?
3 REDIRECT EXAMINATION
4 BY MR. MAJOR:
5 Q. JUST A COUPLE OF QUESTIONS. MS. POHLMAN, YOU ALSO
6 TALKED A LITTLE BIT, ON CROSS-EXAMINATION, CONCERNING NURSE
7 ASSESSMENTS CONCERNING YOUR MOTHER MOANING. DID YOU RECALL
8 TALKING TO THE NURSE AND GIVING A HISTORY OF YOUR MOTHER'S
9 CONDITION?
10 A. YES.
11 Q. AND WHAT DID YOU TELL HER CONCERNING YOUR MOTHER'S
12 CONDITION, DO YOU RECALL?
13 A. I'M SURE IF SHE ASKED WHAT IT HAD BEEN LIKE I WOULD HAVE
14 STATED THAT SHE HAD THIS TYPE OF -- TYPE OF BEHAVIOR. THAT
15 IT WOULD --
16 Q. SO THAT NURSE'S NOTE INDICATING MOANING AND SO FORTH
17 COULD HAVE BEEN A HISTORY RATHER THAN AN ACTUAL EVENT TAKING
18 PLACE?
19 A. YES, IT COULD HAVE.
20 Q. AND --
21 A. WOULD HAVE BEEN.
22 Q. YOUR RECOLLECTION IS THAT THE ADMISSIONS YOU PREPARED
23 AND THE DOCUMENTS YOU SIGNED ACTUALLY ADMITTING YOUR MOTHER
24 TOOK PLACE DOWNSTAIRS; IS THAT CORRECT?
25 A. THAT'S RIGHT.
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1 Q. AND THAT WOULD HAVE BEEN APPROXIMATELY -- ADMISSION
2 WOULD HAVE BEEN APPROXIMATELY FOUR O'CLOCK WHEN YOU BEGAN TO
3 SIGN THE PAPERS IN THE ADMISSIONS OFFICE?
4 A. AND FILLING OUT ALL THE FORMS, YES.
5 MR. MAJOR: WE HAVE NO FURTHER QUESTIONS, YOUR
6 HONOR.
7 RECROSS-EXAMINATION
8 BY MR. STIRBA:
9 Q. I'M GOING TO HAVE TO FIRE UP THIS MACHINE AND IT'S GOING
10 TO TAKE A MINUTES. WHAT I'M GOING TO DO, MRS. POHLMAN, WE
11 HAVE THIS ABILITY TO DISPLAY SOME THINGS ON THE MONITOR. I
12 HAVEN'T DONE THIS FOR A WHILE. WE'LL TRY TO GET THIS IN
13 FOCUS.
14 MR. MAJOR: COULD I INQUIRE WHAT PAGE WE'RE LOOKING
15 AT?
16 MR. STIRBA: SURE. IT'S M.E.D. 184.
17 Q. (BY MR. STIRBA) I DON'T KNOW WHETHER YOU CAN SEE THAT
18 VERY WELL. IF YOU CAN'T, PLEASE FEEL FREE TO APPROACH IT.
19 WHAT I'M REALLY TALKING ABOUT IS THIS -- IS THIS INFORMATION
20 RIGHT HERE. THIS IS PART OF THE ASSESSMENT FORM. THIS IS
21 WHAT I WAS ASKING YOU ABOUT PREVIOUSLY. THIS WAS FILLED OUT
22 BY THE NURSE AND IT HAS THIS COGNITIVE PERCEPTUAL PATTERN AT
23 THE TOP. AND IT SAYS BEHAVIOR DURING THE INTERVIEW AND THEN
24 CIRCLE THE APPLICABLE. AND THE NURSE HAS CIRCLED AGITATED.
25 DO YOU SEE THAT?
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1 A. OKAY. WHEN WAS THIS? UPSTAIRS IN THE ROOM? IS THAT
2 WHAT --
3 MR. MAJOR: I THINK WE NEED SOME FOUNDATION, YOUR
4 HONOR, WHETHER OR NOT IT WAS FILLED OUT IN HER PRESENCE OR
5 FILLED OUT AFTER SHE LEFT THE HOSPITAL OR, LIKE SHE SAID, IF
6 THIS WAS FILLED OUT DOWNSTAIRS.
7 THE COURT: OKAY. WELL, ASK THE NEXT QUESTION.
8 Q. (BY MR. STIRBA) I'M JUST SHOWING THE DOCUMENT AND I'M
9 TELLING YOU THAT THIS IS AN ASSESSMENT FORM. AND --
10 MR. MAJOR: WELL, YOUR HONOR, MY OBJECTION IS IF
11 THIS HAPPENED AFTER MRS. POHLMAN LEFT THE HOSPITAL, YES, SHE
12 WAS CRYING OUT. THAT'S WHAT MRS. POHLMAN TESTIFIED TO. IF
13 THIS WAS DURING THE TIME THAT MRS. POHLMAN WAS WITH HER THAT
14 MAKES A DIFFERENCE. IF IT HAPPENED AFTER MRS. POHLMAN LEFT
15 THE HOSPITAL AND --
16 MR. STIRBA: I DON'T WANT TO MAKE AN ARGUMENT IN
17 FRONT OF THE JURY, BUT I'M ASKING HER --
18 THE COURT: OVERRULED.
19 Q. (BY MR. STIRBA) AND THIS APPEARS TO BE CIRCLED
20 AGITATED, REFERRING TO BEHAVIOR OF YOUR MOTHER DURING THE
21 INTERVIEW. DO YOU REMEMBER SUCH AN INTERVIEW?
22 A. I REMEMBER NURSES COMING IN AND TALKING WITH US. I
23 DON'T KNOW IF THEY WERE INTERVIEWING ME AT THE TIME OR IF
24 THIS WAS DONE AFTERWARD. I KNOW THAT I WOULD TALK WITH MY
25 MOTHER AND INDICATE THAT THINGS WERE FINE AND THINGS WERE
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1 GOING TO BE ALL RIGHT. AND SHE WAS NOT AGITATED. SHE WAS
2 NOT WHAT I WOULD CALL AGITATED AT ALL. SHE WAS VERY CALM
3 WHEN I WAS THERE AND I WAS HOLDING HER HAND AND EVERYTHING.
4 I WOULD NOT SAY SHE WAS AGITATED AT ALL.
5 Q. DO YOU REMEMBER A NURSE EITHER DOWNSTAIRS OR UP ON THE
6 UNIT FILLING OUT A FORM ASKING CERTAIN QUESTIONS ABOUT
7 MEDICAL HISTORY AND THE LIKE?
8 A. I DON'T REMEMBER A NURSE DOWN BELOW AT ALL DOING THAT.
9 Q. HOW ABOUT UP ON THE UNIT, DO YOU REMEMBER SUCH AN
10 ACTIVITY?
11 A. NOT REALLY I DON'T. I REMEMBER THAT NURSES WERE COMING
12 IN AND THEY MAY HAVE BEEN ASKING ME QUESTIONS AND SO FORTH.
13 BUT I DON'T REALLY REMEMBER A DIRECT INTERCHANGE WITH A
14 NURSE ABOUT SPECIFICS.
15 Q. AND THEN ALSO IT GOES ON TO SAY UNDER OTHER, THE NURSE
16 HAS WRITTEN, OR SOMEBODY'S WRITTEN, MOANING AND CRYING. DO
17 YOU SEE THAT?
18 A. I DO.
19 Q. DO YOU REMEMBER WHETHER OR NOT, SEEING THIS DOCUMENT,
20 WHETHER THIS REFRESHES YOUR RECOLLECTION?
21 A. SHE HAD -- AFTER I LEFT THE ROOM I COULD HEAR HER
22 CALLING TO ME. AND THAT WOULD HAVE BEEN BEHAVIOR THAT WAS
23 THERE WHEN I WAS NOT THERE.
24 Q. SO YOU HAVE SOME RECOLLECTION --
25 A. BUT I WAS THERE UNTIL 7:30-ISH.
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1 Q. AND YOU HAVE SOME RECOLLECTION THAT -- WHEN YOU SAY YOU
2 LEFT THE ROOM THIS WAS WHEN YOU LEFT TO GO BACK TO YOUR
3 HOME?
4 A. THAT'S CORRECT.
5 MR. STIRBA: OKAY. THAT'S ALL I HAVE. THANK YOU.
6 THE COURT: ANYTHING FURTHER?
7 MR. MAJOR: NOTHING FURTHER, YOUR HONOR.
8 THE COURT: MAY THIS WITNESS BE EXCUSED?
9 MR. MAJOR: SHE MAY.