Richard Clark
4 RICHARD B. CLARK
5 CALLED BY THE PLAINTIFF, HAVING BEEN FIRST DULY
6 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
7 DIRECT EXAMINATION
8 BY MS. BARLOW:
9 Q. GOOD MORNING. WOULD YOU PLEASE STATE YOUR NAME AND
10 SPELL IT FOR THE RECORD.
11 A. RICHARD B. CLARK, R-I-C-H-A-R-D AND INITIAL B,
12 C-L-A-R-K.
13 Q. WHAT'S YOUR OCCUPATION, MR. CLARK?
14 A. NOW?
15 Q. YES.
16 A. I'M A REGISTERED NURSE.
17 Q. LET'S LOOK BACK AT DECEMBER 1995 AND JANUARY OF 1996,
18 WHAT WAS YOUR POSITION THEN?
19 A. I WAS A LICENSED PRACTICAL NURSE.
20 Q. BRIEFLY, WHAT TRAINING DID YOU RECEIVE FOR THAT?
21 A. WELL, I WENT TO SCHOOL AT WEBER STATE AND RECEIVED A --
22 GOT MY CERTIFICATE BY PASSING THE STATE BOARDS.
23 Q. OKAY. THE L.P.N. CERTIFICATE?
24 A. YES.
25 Q. WHEN DID YOU GET YOUR CERTIFICATE?
1591
1 A. OH, I WOULD GUESS THAT IT PROBABLY WAS ABOUT AUGUST OF
2 '95.
3 Q. PRIOR TO THAT, HAD YOU HAD ANY MEDICAL TRAINING?
4 A. YES, I HAD BEEN A NURSE'S ASSISTANT.
5 Q. CERTIFIED NURSING ASSISTANT?
6 A. YEAH, CERTIFIED NURSING ASSISTANT IN A NURSING HOME AND
7 IN-HOME CARE.
8 Q. WHAT WERE YOU ABLE TO DO AS AN L.P.N. THAT YOU COULDN'T
9 DO AS A C.N.A.?
10 A. WELL, I COULD GIVE MEDICATIONS, I COULD PERFORM PATIENT
11 ASSESSMENTS, I COULD -- WELL, THOSE ARE THE TWO MAIN THINGS
12 I WOULD SAY.
13 Q. DID YOU WORK ON THE GEROPSYCH UNIT AT DAVIS NORTH
14 HOSPITAL AFTER YOU RECEIVED YOUR L.P.N.?
15 A. I DID.
16 Q. WHEN DID YOU START?
17 A. I WAS IN THE FLOAT POOL INITIALLY.
18 Q. AND WHAT DOES FLOAT POOL MEAN?
19 A. OKAY. FLOAT POOL MEANS YOU WORK ON DIFFERENT FLOORS OF
20 THE HOSPITAL DEPENDING ON WHERE THE NEED IS. AND SO WHEN I
21 STARTED AT THE HOSPITAL IN THE SUMMER OF '95 I WORKED IN THE
22 FLOAT POOL FOR THREE MONTHS. I THINK IT WAS ABOUT THREE
23 MONTHS, I'M NOT ABSOLUTELY POSITIVE, BUT THEY DISSOLVED THE
24 FLOAT POOL AND I BECAME STAFFED OUT OF THE GEROPSYCH FLOOR.
25 Q. DID YOU ONLY WORK ON THE GEROPSYCH UNIT THEN?
1592
1 A. NO. I STILL WORKED -- I HAD SOME SCHEDULED SHIFTS THERE
2 BUT I STILL WORKED ON DIFFERENT FLOORS. THEY STILL KIND OF
3 KEPT ME ON THE FLOAT POOL POSITION.
4 Q. WAS THERE ANY PARTICULAR SHIFT YOU WORKED MORE THAN
5 OTHERS?
6 A. YES. I USUALLY WORK THE EVENING SHIFT, THE 3 TO 11
7 SHIFT BECAUSE I HAD SCHOOL.
8 Q. YOU SAY YOU WERE GOING TO SCHOOL AT THE SAME TIME?
9 A. YES.
10 Q. DID YOU COME TO LEAVE THE GEROPSYCH UNIT?
11 A. YES, I DID.
12 Q. WHEN WAS THAT?
13 A. THAT WAS WHEN I GOT MY REGISTERED NURSE DEGREE AND I
14 WENT UP TO THE MEDICAL/SURGICAL FLOOR, THAT WAS -- WOULD
15 HAVE BEEN THE SUMMER OF '96.
16 Q. WE'RE TALKING ABOUT FIVE PATIENTS THAT WERE ON THE
17 GEROPSYCH UNIT IN DECEMBER AND JANUARY OF '95 AND '96.
18 A. UH-HUH.
19 Q. IF I GIVE YOU THEIR NAMES, WILL YOU TELL US ONE BY ONE
20 WHEN YOU RECALL THESE PATIENTS?
21 A. YES, I WILL.
22 Q. ONE IS ENNIS ALLDREDGE?
23 A. NO, I DON'T.
24 Q. ANOTHER IS ELLEN ANDERSON?
25 A. I DO NOT.
1593
1 Q. MARY CRANE?
2 A. I REMEMBER HER. AFTER LOOKING OVER HER MEDICAL RECORDS,
3 I DO REMEMBER SOME OF THE SITUATIONS SHE WAS INVOLVED IN,
4 YES.
5 Q. WHAT IS IT ABOUT HER SITUATION THAT REMINDED YOU OF HER?
6 A. I REMEMBER DR. DIENHART COMING INTO SEE HER THAT SHE HAD
7 A RECTAL VAGINAL FISTULA. I REMEMBER THAT SITUATION.
8 Q. OKAY. AND WHAT ABOUT JUDITH LARSEN?
9 A. JUDITH LARSEN, I DON'T RECALL HER PARTICULAR
10 CIRCUMSTANCES, NO. BUT I DO --
11 Q. EXCUSE ME.
12 A. I DO -- I DO RECALL AND I LOOKED IN THE RECORDS AND SEEN
13 THAT I HAVE BEEN INVOLVED WITH HER CARE, YES.
14 Q. BUT YOU DON'T HAVE INDEPENDENT RECOLLECTION?
15 A. NO.
16 Q. WHAT ABOUT LYDIA SMITH?
17 A. LYDIA SMITH, I DON'T RECALL.
18 Q. YOU'VE LOOKED AT THE RECORDS, IS THAT WHAT YOU ARE
19 SAYING?
20 A. YES.
21 Q. DID YOU HAVE OCCASION TO SEE WHETHER YOU HAD
22 ADMINISTERED ANY OF THE MORPHINE IN THESE CASES?
23 A. I DID.
24 Q. DO YOU RECALL WHY YOU ADMINISTERED THAT MORPHINE?
25 A. I...
1594
1 MR. STIRBA: YOUR HONOR, I'M GOING TO OBJECT. I
2 BELIEVE HE SAID HE HAS NO RECOLLECTION INDEPENDENT. I GUESS
3 I FEEL LIKE --
4 THE COURT: COULD YOU REPHRASE THE QUESTION?
5 MR. STIRBA: -- IF YOU DIDN'T KNOW THE PATIENT...
6 MS. BARLOW: IF YOU WOULD OPEN JUDITH LARSEN'S TO I
7 THINK IT'S 507.
8 Q. (BY MS. BARLOW) DO YOU HAVE JUDITH LARSEN'S I'M SORRY.
9 I FORGET THAT YOU ARE A NEW WITNESS. A BINDER TO 507?
10 A. I DO. ARE THEY PAGED? ARE THEY NUMBERED.
11 Q. THERE'S A MED-NUMBER AT THE BOTTOM OF EACH PAGE.
12 A. OKAY. 507.
13 Q. YES, AND IT'S UNDER THE --
14 A. OKAY. OKAY.
15 Q. AND ON 507, DID YOU HAVE OCCASION -- THIS IS WITH JUDITH
16 LARSEN -- TO ADMINISTER ANY DOSES OF MORPHINE?
17 A. YES, I DID.
18 Q. DO YOU RECALL WHEN THEY WERE?
19 A. I CAN RECALL FROM THE RECORD HERE.
20 Q. FROM THE RECORD, CAN YOU TELL US WHEN THEY WERE?
21 A. THEY WERE 1700 HOURS ON THE 3RD AND 1830 ON THE 3RD AS
22 WELL.
23 Q. WITH JUDITH LARSEN, DO YOU RECALL HER STATE ON THE 3RD
24 OF JANUARY, HER PHYSICAL CONDITION, I SHOULD SAY?
25 A. NO.
1595
1 Q. DID YOU EVER WITH ANY OF THESE FIVE PATIENTS WITHHOLD
2 ANY MORPHINE?
3 A. NO, NOT THAT I RECALL. I THINK THE RECORD WOULD SHOW IF
4 I DID.
5 Q. DO YOU RECALL WHETHER THERE WAS ANY -- WERE YOU PRESENT
6 AT ANY MEETING WHERE THE DISCUSSION OF WITHHOLDING MORPHINE
7 TOOK PLACE?
8 A. NOT THAT I RECALL.
9 Q. DID YOU EVER -- WERE YOU EVER MADE AWARE OF IT?
10 A. THERE WAS A GENERAL FEELING --
11 MR. STIRBA: YOUR HONOR, YOUR HONOR, I'LL OBJECT,
12 IT'S HEARSAY.
13 THE COURT: SUSTAINED.
14 Q. (BY MS. BARLOW) DID YOU HAVE ANY INFORMATION ABOUT
15 WHETHER YOU COULD WITHHOLD OR NOT WITHHOLD MORPHINE IN THE
16 GEROPSYCH UNIT DURING THIS TIME PERIOD WITH THESE FIVE
17 PATIENTS?
18 MR. STIRBA: OBJECTION, VAGUE AND AMBIGUOUS,
19 INVITES HEARSAY.
20 THE COURT: REPHRASE IT.
21 MS. BARLOW: I'M NOT SURE I KNOW HOW TO.
22 THE COURT: OR REPEAT THE QUESTION.
23 MS. BARLOW: I'M NOT SURE I CAN REPEAT IT AT THIS
24 POINT. CAN IT BE READ BACK TO ME? I'M SORRY.
25 THE COURT: OKAY. THAT'S FINE. THIS IS THE TEST
1596
1 FOR THE COURT REPORTER.
2 MS. BARLOW: SHE THINKS SHE CAN JUST SIT THERE AND
3 BE QUIET.
4 (THE LAST QUESTION PUT TO THE WITNESS WAS READ BACK.)
5 THE COURT: THAT'S PERSONAL KNOWLEDGE OF I GUESS
6 WITH SUPERVISORS AS OPPOSED TO JUST HEARSAY ON FROM NURSES.
7 Q. (BY MS. BARLOW) WITH THAT, DID YOU HAVE ANY PERSONAL
8 KNOWLEDGE ABOUT WHETHER YOU COULD WITHHOLD MORPHINE WITH
9 THESE FIVE PATIENTS?
10 A. WELL, THERE WAS AN ORDER THAT WAS WRITTEN THAT IF WE
11 WERE TO HOLD ANY DOSES OF MORPHINE WE WERE TO CALL DR.
12 WEITZEL.
13 Q. AND WHO WROTE THAT ON THERE?
14 A. DR. WEITZEL.
15 MS. BARLOW: THAT'S ALL I HAVE, YOUR HONOR.
16 THE COURT: OKAY. ANY CROSS?
17 MR. STIRBA: YES.
18 CROSS-EXAMINATION
19 BY MR. STIRBA:
20 Q. THAT ORDER YOU ARE REFERRING TO, IS THAT SOMETHING
21 YOU'VE JUST SEEN RECENTLY TO REFRESH YOUR RECOLLECTION?
22 A. YES, YES.
23 Q. THAT'S SOMETHING THE STATE SHOWED YOU IN REVIEWING THE
24 RECORDS?
25 A. YES.
1597
1 Q. AND IT'S TRUE, IS IT NOT, THAT THAT IS AN ORDER IN THE
2 JUDITH LARSEN BINDER?
3 A. YES.
4 Q. IN OTHER WORDS, IT WAS AN ORDER THAT RELATED TO HER
5 CARE?
6 A. YES.
7 Q. AND IT HAD REALLY -- DIDN'T RELATE TO THE OTHER FOUR?
8 A. YES.
9 Q. PARDON ME?
10 A. YES.
11 Q. THAT'S RIGHT, IT RELATED TO JUDITH LARSEN AND NOT THE
12 OTHER FOUR BECAUSE IT WAS IN HER BINDER, IN HER CHART; IS
13 THAT RIGHT?
14 A. THAT'S CORRECT.
15 MR. STIRBA: THAT'S ALL I HAVE.
16 MS. BARLOW: I HAVE NOTHING FURTHER.
17 THE COURT: OKAY. MAY THIS WITNESS BE EXCUSED?
18 MS. BARLOW: YES, PLEASE.