Family of woman who died after repeated 911 calls awarded $3.5 million

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Family of woman who died after repeated 911 calls awarded $3.5 million
2:00 PM, Mar. 11, 2011  |   8    Comments

Written by
Jason Riley

Former child psychiatrist Dr. Martha Taylor had had a stroke and was suffering from chronic medical conditions when she called 911 from her room at a personal care home six times over several hours in February 2007, attempting to convince someone that she couldn't breathe and needed help.

Each time, staff at the home, Belmont Village, told police that assistance wasn’t needed. Taylor’s family claims that police also were falsely told that Taylor had dementia and was confused.

Several hours after her last call, Taylor died. Her family later filed a lawsuit, claiming that Belmont was negligent in its care and monitoring of Taylor and for preventing emergency aid, never allowing EMS to asses her condition. Taylor’s son, Artie McLaughlin, claimed that Belmont never contacted him or any of his mother’s doctors to tell them she was having trouble breathing and had repeatedly called for help.

On Thursday, a Jefferson Circuit Court civil jury handed down a verdict of more than $3.5 million in favor of Taylor’s family, with both Belmont Village and Taylor’s surgeon being blamed.

The jury found Belmont was 22 percent responsible – a $1 million award, including $250,000 in punitive damages -- while Dr. David Lipski was held 78 percent responsible. However, Lipski had been voluntarily dismissed from the lawsuit before the trial, so he will not have to pay damages.

Lipski had performed vascular surgery on Taylor the day before she died. An autopsy showed Lipski had unknowingly lacerated a vein of Taylor during the surgery, according to court records.

McLaughlin, who is an attorney, said the surgical error was common and not outside the acceptable standard of care. He also said Lipski was never told by Belmont that Taylor was having problems after the surgery, so he didn’t have the chance to help her.

Courtney Guild Jr., an attorney for Belmont, said he was certain the verdict would be appealed. He declined further comment.

Sheila L. Carter, executive director of Belmont Village Senior Living, a licensed personal care home, said they “sincerely regret the family’s loss” but that “we responded appropriately according to our polices and procedures and requirements of state licensure.”

Carter would not discuss specifics of the case but said independent investigations by Adult Protective Services and the state Attorney General’s office found complaints by Taylor’s family were unsubstantiated.

McLaughlin said those investigations were completed in 2007 without any sworn testimony or all of the medical records, so the reports were not admissible during the trial. However, he said, findings of the reports that there was no neglect or criminal wrongdoing were shared with the jury.

After her surgery, Lipski discharged Taylor on Feb. 15, 2007, and she experienced shortness of breath but remained stable while undergoing dialysis, according to Belmont.

Belmont doctors and nurses believed shortness of breath was common for people on dialysis and that her condition never warranted transfer to the emergency room.

At one point, Taylor wrote “I can’t breathe,” on a piece of paper for her nurses. She then called 911 three times within minutes around 5:30 p.m., but Belmont employees intervened and told police they were not needed. A police dispatcher could be heard on an audio tape claiming police were told Taylor had dementia and was confused, McLaughlin said.

At 7:14 p.m., Taylor again called 911 but the St. Matthew’s Police Department couldn’t understand her and said they would call Belmont back.

The next morning, at 3:15 a.m., Taylor again called the St. Matthew’s Police Department and Belmont again told them no help was needed and that they would monitor Taylor.

Then around 8:30 a.m., Taylor called police one last time and an officer came to Belmont but was told that Taylor was fine, according to court records.

However, Taylor’s blood pressure had dropped and her pulse rate increased through the night, according to a summary of events by Taylor’s attorney.

When Taylor was taken for dialysis at 10 a.m., she was weak and her blood pressure was low and she had “visibly labored breathing,” according to the summary.

When McLaughlin visited his mother that evening, she was vomiting and was incontinent, he said.

McLaughlin said in an interview that when he went into his mother’s room, her phone had been unplugged. He said he asked whether his mother was OK and was told she was fine and needed to rest.

Shortly after his visit, McLaughlin received a call that his mother was found unresponsive on the floor of her room.

“I was absolutely devastated and then that devastation turned very quickly to anger as soon as I started to learn more facts about my mom’s last two days,” he said in an interview. “I was absolutely shocked to find out all this had been going on without my knowledge.”

Belmont officials said Taylor ate dinner on Feb. 16 and walked around waiting for her son to visit. After the visit, she collapsed and died, Belmont said in court records.

An autopsy showed she had bled over the 30 hours following her surgery.

Taylor was the oldest of nine brothers and sisters. McLaughlin said he hoped the jury’s verdict would help bring some closure to this “extraordinary difficult” time for the family.

“Hopefully, we can begin to remember my mother’s life and not the circumstances surrounding her death,” he said.

Reporter Jason Riley can be reached at (502) 584-2197.

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