Physician cleared of negligence in woman's nursing home death

[okarol]

Physician cleared of negligence in woman's nursing home death
6/23/2011 1:34 PM By David Yates

A Jefferson County jury recently cleared an area physician of any medical malpractice in a case alleging that the late Emma Lee Randolph was forced to sit in her own waste while she received dialysis.

Plaintiff Torrence Randolph and three of his siblings filed suit against the Kidney Center and two of its physicians, Dr. Shariq Ahmad and Dr. Mark Wilson, in the Jefferson County District Court on Feb. 27, 2008.

The trial, which began June 13 and ended June 21, focused on the alleged negligence Dr. Ahmad, who the plaintiffs argued failed to attend to Emma Randolph's nutritional and medical needs.

After a week of testimony, jurors found no negligence on Dr. Ahmad's part, declining to award any damages to the defendants, according to the charge of the court.

The other defendants in the suit were non-suited before the start of the trial, court records show.

Emma Randolph was admitted to Silsbee Oaks Nursing Home on Jan. 18, 2006. During her stay, she was required to go to The Kidney Center of Beaumont for dialysis several times a week.

"These were long visits-frequently lasting between six to eight hours," the suit said.

"During these visits, the staff at the Kidney Center did not care for Ms. Randolph. They allowed her to sit in a wheelchair without being repositioned, without receiving incontinent care, without receiving adequate nutrition, and without receiving adequate hydration.

"As a result, she was left to sit in the same position for expended periods of time-frequently in her own waste. The physicians and staff at the Kidney Center did not attend to her nutritional needs as she was not sufficiently encouraged or assisted with eating and drinking during the time she was there.

"Despite being repeatedly warned by the nursing home staff that these failures would be catastrophic to Ms. Randolph, the physicians and staff at the Kidney Center did nothing to improve and as a result, Ms. Randolph became dehydrated, malnourished and developed severe bedsores, which later became infected."

The Randolph children are suing for loss of companionship, plus their mother's past and future suffering.

The plaintiffs are represented by Daniel Packard, attorney for the Packard, Packard & Lapray law firm in Beaumont.

Ahmad is represented by Beaumont attorney J.B. Wittenburg of Orgain, Bell & Tucker.

Judge Milton Shuffield, 136th Judicial District, presided over the trial.

Case No. D181-335