Hallie Withem (“Withem”) was admitted to Newark Care in 2012 when she was 85 years old. Throughout her stay, Withem had multiple illnesses including diabetes, urinary retention, multiple urinary tract infections (“UTI”), kidney
disease, incontinence, and schizophrenia. Cognitively, she was alert and oriented, and in the past was able to report signs and symptoms of a UTI to her healthcare providers at Newark Care.
Throughout her time at Newark Care, Withem had numerous UTIs. A catheter was discontinued in 2018 because it was thought to be the source of her numerous UTIs. After removable of the catheter, Withem had a UTI in March, April, and
July of 2019. On August 13, 2019, her physician put in an order for the Newark Care staff to report any signs or symptoms of UTIs to him.
On June 1, 2020, a nurse at Newark Care found Withem unresponsive upon entering her room. She was transported to a local hospital where she died on June 3, 2020. The death certificate listed the cause of death as septic shock due to a UTI.
An Ohio nursing home negligence wrongful death lawsuit was filed on September 22, 2021. Plaintiff’s expert, Joe D. Haines, M.D., provided a report alleging Newark Care violated the standard of care by failing to recognize Withem’s risk for development of UTIs, failing to prevent the development of a serious UTI, failing to prevent sepsis, and failing to properly and timely treat Withem once she developed sepsis. Newark Care moved for summary judgment, which the trial court granted, finding “There is no evidence to indicate plaintiff’s decedent presented any symptoms of urinary tract infection at any time up to her being found unresponsive … The plaintiff’s expert further has been unable to establish any factual basis to indicate that the defendant violated standard of care in regards to plaintiff’s decedent.” Plaintiff appealed.
The Court of Appeals Licking County, Ohio Fifth Appellate District held in its July 8, 2024 Opinion: “We find the fact Dr. Haines speculated as to what the doctor expected from the nursing home as far as documentation of monitoring Withem’s urine does not change his expert opinion Newark Care violated the standard of care by failing to monitor Withem’s urine properly. The absence of documentation or an explicit doctor’s order to document the same, does not necessarily mean Withem’s urine was being monitored. Based on Dr. Haines’s opinion, if Newark Care had properly monitored Withem’s urine, whether or not the documented daily findings, they would have found the signs of a UTI which could have been treated before Withem progressed to sepsis. We find whether abnormalities were not documented because Newark Care failed to monitor Withem’s urine, or whether abnormalities were not documented because Withem displayed no signs of a UTI, is a question of fact for the jury. We also find the question of whether proper monitoring would have detected the UTI in time to prevent Withem’s death is also a question of fact for the jury based on Dr. Haines’s testimony people do not progress from a UTI to sepsis instantaneously. Further, Dr. Haines’s comment he was “not surprised” monitoring and documentation did not occur is not necessarily a retreat from his opinion on the required standard of care, but could be interpreted as a comment on his lack of surprise Newark Care violated the standard of care or that he was not surprised by the lack of documentation in absence of a doctor order to do so.”
Source Withem v. Newark Leasing, L.L.C., 2024-Ohio-2607.
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Ohio or in another U.S. state due to UTI, bedsores/pressure ulcers, nursing home neglect, nursing home negligence, nursing home abuse, nursing home understaffing, a nursing home fall, nursing home choking death, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Ohio (Ohio medical malpractice lawyer) or a nursing home claim lawyer in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.
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