Saturday, July 19, 2025

Woman planning malpractice lawsuit claims Mercy Joplin officials refuse to turn over her records


A Wyandotte, Oklahoma woman who is preparing to file a malpractice lawsuit against Mercy Joplin Thursday in Jasper County Circuit Court has asked a judge to order hospital officials to turn over nurse call button records, which they say they don't have because they've outsourced the buttons and records to a third-party vendor.

In her petition, Martha Nedom, who is represented by Joplin attorney Scott Vorhees, claims she attempted several times to call for a nurse so she could go to the bathroom and when she received no response left her hospital bed and fell suffering a serious back injury.







From the petition:

On or about September 15, 2024, Plaintiff while a patient at Mercy Hospital in Joplin, needed to use the restroom. She paged for assistance numerous times using the nurse call button near her bed, but no one responded. Plaintiff then, out of necessity, rose from her bed to use the restroom but fell, resulting in substantial injury to her back.

Upon reasonable knowledge, information and belief the patient call button system maintains an electronic record of when the nurse call button is activated or pushed by the patient, including the room number and a date and time stamp for each instance the button is pushed, an an identification of each person who reset the alarm as well as the date and time the alarm was reset.

According to the petition, Mercy said it could not turn over the records saying in an e-mail dated May 22, "The call lights records are not contained within our EMR. The call light system is contracted with a third-party vendor. We will notify our vendor to preserve any call light records for the patient's room during her stay, to the extent any such exist, given these are external to the medical record, we are not the custodian of those records."







Defendant may not evade its obligation under state and federal law to provide plaintiff with such records as a part of plaintiff's medical records, upon request, simply by outsourcing certain aspects of hospital care to business associates."

The plaintiff asks the judge to order Mercy to provide the call light records and pay for attorney fees and costs.

12 comments:

Anonymous said...

Good Lord, who knew they could outsource call button records to a third-party!

Anonymous said...

This worst hospital in America spent 37 hours in that joke and never seen a so called doctor finally got up and checked myself out [with no food or drink]

Anonymous said...

I don’t understand HIPAA and record authorization enough to know anything about this, but I am sure that posting the email with what I am assuming is a personal cellphone number is against privacy laws?

Anonymous said...

Both numbers are Mercy phone numbers.

Anonymous said...

Both, Hospitals - Mercy and Freeman, need to take and make corrective measures in this day of 1.3 Million Lawyers in the US and the shear amount of Future Revenue that they can make off of the Medical Profession and the Medical Conglomerates that own them will be astounding.

People today are tired of being treated badly and receiving services that are sub-par, this requires - Hospitals, Doctors, and Nurses to Operate under New Policies and receive Training that is Patient Centric and Stop sitting at the Nurses Stations on your ASSES. I have seen and experienced this - and let's not forget Nursing Homes - who seem to have a high number of incompetent personnel, and the first thing Management in the Medical World says is the inability to find qualified personnel and the costs - Of course with the Number of Legal Lawsuits going up - maybe these Medical Conglomerates need to figure out the costs of having Incompetent Personnel and Policies and how much is that going to cost them in the long run to continue to operate with major oversite and changes.

Anonymous said...

They outsourced and now they don't have the information?

How convenient!

Anonymous said...

I think all Mercy numbers in Joplin are 556-****. They are always 556 numbers that call me.

Anonymous said...

They probably outsourced it to someplace in India.

Anonymous said...

Say you don’t understand healthcare and what goes into it without directly stating it. That’s what you just accomplished!

Depending on the unit, RN’s may have as many as 6-8 patients. Given everything involved with the care of ONE patient in a day, that is a lot. And on top of that, the amount of documentation that must be done for every tiny thing (which is probably what they’re doing when they’re “on their asses”) you can maybe start to understand why your perception is completely garbage.

Nursing is one of the hardest jobs I’ve personally witnessed and I would never blame any of them for walking away. Dealing with completely naive patients like yourself on top of everything they do? No thanks.

If you’re unfamiliar, look into Dunning Kruger Effect. You’re currently at the place on the graph known as Mt Stupid.

Anonymous said...

4:10PM, I have seen and experienced the leisure factor and the incompetence in Hospitals - they are standing in the Nurse's Station - talking about what they are having for lunch, dinner, or what they did that weekend does not count for patient care when they are failing to do their jobs! Plus, they are like any other worker they are paid for their job - same as the Doctors - everyone waiting for the Semi-Gods to arrive to give their interpretation of what is wrong - while constantly being overly pessimistic - just diagnose the damn problem and then try to solve it. If you have NO CLUE - Consult / CALL - A more experienced and qualified Specialist in a Larger Out-Of-Town Hospital - They are at Freeman and Mercy for a Reason - These are NOT THE CREAM OF THE CROP - THAT IS WHY THEY ARE IN JOPLIN, MO...

As 7:32AM said, hire more people - which you could do if you factor in the costs of Lawsuits and Insurance that you have to carry for Liability Issues. They spend money on outsourcing a Call Button - thinking they are saving money, which is ridiculous - maybe if they quit patting themselves on the back and STOP putting the STUPID CEO ON BILLBOARDS - They could Hire a few more People and not have to Outsource one of the most important features a Patient Needs is a Call Button where someone Responds to in a Timely Fasion to Help Them.........................

Anonymous said...

4:10PM - Your perception is Garbage - Saying I don't understand Healthcare is BS, I have been in the Hospital and been there to support Multiple Family Members and Friends - and have had to go out and find Nurses and Doctors after pushing the CALL BUTTON - MULTIPLE TIMES. Then need to do their Job - That is what you are Paid to do - don't like it - LEAVE. How many regular Workers go home exhausted and tired everyday doing their jobs - GETTING NO THANKS - Just doing their Jobs. Is that TOO MUCH TO ASK FOR? Is the Problem that a Majority of these Healthcare Workers - Approximately 65% are classified as overweight or obese, according to a study published in Frontiers in Public Health.

Think about this GENUIS - The call Button is just an ON/OFF Switch - It doesn't tell the Level of Pain, Suffering, or Need that a Patient is having - SO EVERY TIME THE CALL BUTTON IS PUSHED - IT SHOULD BE SEEN AS A CRY FOR HELP - DON'T JUST IGNORE IT...

Anonymous said...

Dear PPPP, your diatribe of condescending BS is shameful. Acting like you know it all is a sure fire sign of personal insecurity and outright insensitivity to cover for your ignorance on the subject. A return to "woke" philosophies is needed in this country before you whites start to control what you currently can't control.....justice, moral decency, and equal opportunity.