Wrongful death lawsuit filed against Mercy Joplin, Mercy Carthage, two doctors

Mercy Joplin, Mercy Carthage and two physicians, Morris O. Glover D. O., and Nathanial Rider, M. D., are listed as defendants in a wrongful death lawsuit filed Wednesday in Jasper County Circuit Court.

According to the lawsuit, the failure by both facilities to transfer her to a hospital where she could have received proper treatment in a timely fashion led to her July 24, 2024 death from a perforated gastric ulcer.

The lawsuit was filed by Burns' husband, J. Lyle Burns.

From the petition:

On or about July 22, 2024, Janet Burns was taken to Mercy Hospital ER in Carthage, Jasper County, Missouri. Ms. Burns was transported by automobile to Mercy Hospital ER in Carthage and arrived at approximately 2:36 a.m.

A CT abdomen and pelvis was ordered and the results communicated via telephone conference at 6:06 a.m. The CT results included that the patient had suffered from a ruptured viscus, or bowel.

The ruptured bowel of Ms. Burns constituted a surgical emergency requiring prompt surgical repair to prevent serious injury or death to the patient.

Defendant Morris Glover, D. O. ordered an acute care transfer of Ms. Burns at or about 8:28 a.m. approximately six hours after her arrival at Mercy Hospital ER in Carthage and more than two hours after being informed by telephone conference of her ruptured bowel.

Defendant Dr. Glover recorded in his ED Care Timeline at 6:28 a.m. his acute care transfer note that Ms. Burns was being transferred to Mercy Joplin, an acute care hospital, for surgery.

Defendant Dr. Glover recorded that the transfer of Ms. Burns had been accepted by Dr. "Ryder" at 6:29 a.m. on July 22, 2024.

Ms. Burns had pre-existing disease, as demonstrated by the entries in her Epic EMR maintained by Mercy Health, of blastomycosis, myasthenia graves and thyroid disease.

Ms. Burns' sepsis score was 1 and her severe sepsis score was 2.

Dr. Glover attested that Ms. Burns had received a complete medical screening prior to transfer. Dr. Glover recorded that he had spent a total of 35 minutes providing critical care to Ms. Burns. Dr. Glover attested that Ms. Burns had been stabilized within the capabilities of the transferring facility.

Dr. Glover stated in Ms. Burns' chart that Dr. Glover had "discussed with surgeon at Carthage she is unable to take the patient here due to her other medical complications. I call and Mercy Joplin has been unable to get a hold of the surgeon there is the patient be transferred to the Mercy Joplin ER. Dr. Ryder accepting."

Both defendant Mercy Hospital Carthage and defendant Mercy Hospital Joplin are connected to the same Mercy Health Elecronic Medical System (EMR).

Staff physicians at either Mercy Hospital Carthage or Mercy Hospital Joplin can look at the EMR of either entity for a particular patient under appropriate circumstances.

Mercy Hospital Carthage called Mercy EMS at 7:05 a.m. on July 22, 2024. The nursing staff at Mercy Hospital Carthage recorded that EMS was dispatched at 7:08 a.m.

Mercy EMS was not dispatched until 10:15:28 a.m. on July 22, 2024, according to their records.

Mercy EMS arrived 10:17:48 a.m. at Mercy Carthage Hospital. The nursing staff at Mercy Hospital Carthage recorded that the patient did not leave {the hospital} until 10:24 a.m.

Mercy EMS arrived at Mercy Hospital Joplin with Ms. Burns at 10:48:02 a.m. Ms. Burns was recorded as arriving in the ED at Mercy Hospital Joplin at 11 a.m.

Ms. Burns was triaged at the ED at Mercy Hospital Joplin at a security level 2 or emergent.

Ms. Burns was directly admitted to the operating room at Mercy Hospital Joplin at approximately 11:30 a.m. on July 22, 2024. However, no surgery was performed or attempted..

The general surgeon, Dr. Benorf, was called to the Ed and saw Ms. Burns. Dr. Benorf indicated he felt that the patient needed specialty care, which was not available at Mercy Hospital Joplin.

At approximately 7:32 p.m. on July 22, 2024, Ms. Burns was discharged from Mercy Hospital Joplin to be transferred to Hillcrest Medical Center in Tulsa. At approximately 8:40 p.m. Ms. Burns arrived at Hillccrest Medical Center.

Ms. Burns was taken to surgery that evening for repair of a perforated gastric ulcer and Graham patch, but she remained critical and died on July 24, 2024.

The five-count lawsuit includes wrongful death claims against the two hospitals and doctors Glover and Rider and an alternative claim for "loss of a chance for survival or recovery."

Burns, who is represented by Scott Vorhees of the Joplin firm of Johnson, Vorhees & Martucci, is asking for "fair and reasonable" damages and costs and for a jury trial.