A Joplin man claims that actions taken by employees of Freeman Health System led to the amputation of his left leg above the knee.
In a lawsuit filed today in Jasper County Circuit Court, David Linam, represented by Joshua G. Decker, Springfield, says the problems began when he underwent a left knee arthroplasty at Freeman West Hospital December 7, 2022, followed by another one January 11, 2023.
From the petition:
Plaintiff’s left knee operations were complicated by post operative infections requiring the need for antibiotics causing renal failure requiring dialysis. At all times relevant herein, Plaintiff was a high fall risk.On or about September 14, 2023, Plaintiff presented to Freeman Nephrology for dialysis. Despite being a known fall risk, Plaintiff was left unattended causing him to fall to the ground further injuring his left knee.
This fall and injury directly caused or directly contributed to cause the need for an above the knee amputation of the left leg.
Plaintiff was then admitted to Freeman-Oak Hill Emergency Department for care. During the encounter, a nurse instructed Plaintiff to stand unassisted even though it was known Plaintiff was a high fall risk. That on September 14, 2023, while attempting to stand unassisted at the instruction of the nursing staff of Freeman Oak Hill, Plaintiff fell to the ground further injuring his left knee.
This fall and injury directly caused or directly contributed to cause the need for an above the knee amputation of the left leg.
The two-count lawsuit makes malpractice claims against Freeman-Oak Hill and Freeman Nephrology, says they did not follow proper fall risk protocol and that their negligence has cost him expenses now and into the future and caused him pain and anguish.
Linam is asking for actual and compensatory damages and is requesting a jury trial.
4 comments:
Anyone having anything to do with this man’s care, or lack thereof, need to be investigated and charged. Incompetent people. They run you through like cattle and have no regard for your pain or suffering and consequences of their lack of proper care.
When I had my first knee replaced at Freeman West and was there a total of 18 hours. I called for help to use the restroom and waited for over an hour and a half to come help me. The ONLY reason I got help then was because I tried to get up myself and the bed alarm went off. I called for them twice before that and they told me they would be right there. The nurse then proceeded to jump my case because I attempted it by myself. I told her I called twice and I couldn’t hold it any longer! She told me I should have wet myself instead! Really?? The second knee replacement, 1 year later, the spinal block didn’t take, nor did the knee block. My surgeon discovered this when he made his first incision. I woke up in the worst pain imaginable! Once in my room, the nurse would not give me the pain medicine as directed by my doctor, so she gave me a non-narcotic a few hours after surgery when the spinal and knee block hadn’t worked either. I was in there for 16 hours that time and I will NEVER go back to Freeman! I realize Mercy Joplin isn’t much better, though. For the record, the recovery on my second knee was much longer, much more difficult, and I still have occasional pain and swelling in that knee! You have to be your own advocate!
I’ve been inside Freeman East “Oak Hill” Nephrology. The way the facility is set up there is absolutely no way a patient can get up unattended or unsupervised especially when connected to a giant dialysis machine. So unless this incident occurred after the dialysis treatment was done or before the patient was actually inside the area for treatment there would be no way of being “unsupervised”. As far as for the negligence of the nurse in the ER the patient has the responsibility to advocate for themselves and state things such as “I cannot do such a task” so since the patient tried to stand without assistance and fell a 2nd time in the same day that is on the patient. Keep in mind this statement is coming from a nurse!
That's exactly why said nurses comments and statements are null and void!
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