The Courthouse News Service has reported that the mother of a man that died before a hospital's security staff put him into a Taxi to send him home, or died sometime during the trip, is suing the security company for wrongful death.
Hospital security, provided by AlliedBarton Security Services, allegedly moved "uncooperative" A.W. while he refused to "talk or move" from Cumberland County Hospital.
The hospital is not named in the suit, the sole defendant is AlliedBarton Security Services. D.W., A.W.'s mother, filed the suit in Cumberland County Superior Court.
The suit alleges that A.W. died sometime on November 22, 3022 during his hospital discharge.
A.W. had been a patient at Cumberland County Hospital for 10 years. He suffered with a recurrent pneumonia that is associated with his non-Hodgkin's lymphoma.
According to D.W. her son entered the hospital on November 14. At that time the hospital misdiagnosed him – they believed that A.W. was suffering with bacterial pneumonia. Days later the diagnosis was confirmed via testing as fungal pneumonia. In the time between the incorrect and correct diagnosis A.W. was allegedly given improper medication.
Hospital staff noted that A.W.'s condition had deteriorated – he had grown weak, could not walk and complained of pain.
Eight days later, on November 21, the hospital administered him a single dose of the correct medication, declared him fit and readied him for discharge. However D.W. claims that A.W. was weak and very ill – and not ready to be discharged.
On November 22 a taxi was called to collect A.W. and remove him from the hospital. Two guards from AlliedBarton Security moved A.W. to the lobby and then from a wheelchair and into the waiting taxicab.
The suit states, "(A) nurse called for security to escort Mr. (A.W.) from his hospital bed to the lobby for discharge because Mr. (A.W.) was allegedly 'uncooperative' and 'refusing to talk or move. Upon information and belief, prior to his discharge, Mr. (A.W.) was extremely weak and ill and in pain and had sought not to be discharged before he became unresponsive. When Mr. (A.W.) became unresponsive he was unable to talk or move. Mr. (A.W.) was unresponsive due to the fact that he was dying."
The two guards allegedly lifted A.W. out of the wheelchair and into the taxi. Once they had him seated they put a safety belt on him and crossed his legs for him – as he was completely unresponsive by this time.
Two members of the hospital staff and the cab driver that had witnessed the exchange between the two guards and A.W. allegedly voiced their "concerns" about A.W. to the guards. The taxicab driver went so far as to suggest that his passenger looked as if he was deceased.
The drive from the hospital to A.W.'s mother's home was 45 minutes long. He never regained consciousness according to D.W. Upon his arrival D.W., joined by other family members, discovered A.W. in the cab "unresponsive and cold to the touch."
When the police arrived to conduct their investigation A.W. was left in the cab, which had been parked on the family's front lawn for four hours. During this time D.W. suffered further distress.
D.W. is seeking compensatory and punitive damages for negligence, wrongful death and negligent infliction of emotional distress.
Loosing a loved one due to the actions or inactions of another party is grounds for a wrongful death lawsuit. Click here for our directory and contact a personal injury lawyer to discuss your own case.