Kathie Gagne died 4,268 days ago.

Are You Over 25?
May 20th, 2014 @ 1:08 pm

gavelIf it wasn’t so insultingly, tragically, horribly awful, it would almost be funny how quickly a lawyer will jump off the phone with you once you say you’re over 25. You see, there’s some fantastic law in the State of Florida that prohibits anyone over the age of 25 from financially “benefiting” from the death of a parent. That means there is no monetary “incentive” for a lawyer to sue a doctor — or anyone, really — for malpractice, or any other reason, regardless of any facts whatsoever, if the deceased has no spouse or children under the age of 25.

So I have had a string of phone conversations over the last eighteen months that basically go just like this:

Me: Can you help me?
Lawyer: Yes! This case sounds exactly like something we would handle. I can’t believe how your mother must have suffered.
Me: Oh, thank you. I can’t stand how poorly she was treated and how she died.
Lawyer: I understand. It’s a tragedy. How old are you?
Me: I’m 40 now.
Lawyer: Do you have any brothers or sisters under the age of 25?
Me: No.
Lawyer: I’m afraid we’re not going to be able to help you. Thanks! <click>
Harmed By Their Treatment
March 6th, 2014 @ 10:30 am

There was a great story on NPR last night about nursing home care in America:

In a large sampling of Medicare patients discharged from hospitals to skilled nursing facilities in one year, roughly a third of the patients were harmed by their treatment in the nursing homes, the study found. Most of that harm could have been prevented.

[T]he officials say […] misjudgments and ignorance [were] found repeatedly in their analysis.
A Third Of Nursing Home Patients Harmed By Their Treatment

Detective Whittier
February 11th, 2014 @ 7:47 am

TelephoneJust before eight o’clock on the morning of February 11th, 2014, I tried calling Detective Whittier of the Deland Police Department.

He had gotten in touch with me immediately after mom died, primarily because — he said — it was so unusual that Woodland Terrace had not provided the paramedics who took her to the hospital with any medical records or personal information. He also seemed very interested in the fact that she suddenly died the day after I forced the Florida Department of Children and Families to send an investigator to check on her, and that I had had so many problems with nurses at Woodland Terrace in the days before she died. I had talked to him several times in the weeks after her death and then, without explanation, he simply stopped responding to my calls.

His number – (386) 740-6925 – had been disconnected, another dead end.

Your Mother’s Case
February 10th, 2014 @ 9:22 am
 
 
Follow-Up
February 6th, 2014 @ 1:50 pm

I waited a week without receiving a response to the email I sent Frank Ashton and then sent him another:

 
 
Status Update?
January 30th, 2014 @ 9:20 am
 
 
Any Update?
January 6th, 2014 @ 1:15 pm
 
 

Continue reading …

They Get Away with It All of the Time
January 6th, 2014 @ 12:30 pm

Kathie GagneJust after noon on January 6th, 2014, I had a twenty-minute phone call with Marla Rawnsley regarding the death of my mother and the possibility of finding any justice for her. The short answer is, “No.”

Marla told me that — based on her extensive review of all of the medical records, and conversations with experts and doctors she found — the cost of pursuing justice for mom would far, far exceed anything gained from doing so. Because of numerous idiotic Florida laws, the only real potential target of a lawsuit would be Woodland Terrace, specifically for ignoring my orders not to administer Risperdal. But I’d need to find an expert willing to state unequivocally that that drug caused her death, and it would probably cost me between four and eight thousand dollars to do that. And Woodland Terrace would simply find a different expert to refute that claim.

She said that — again, because of crazy laws in Florida — she can’t even file a case without first having an expert opinion to present. “There’s nothing fair about any of this,” she said.

Because mom had no income and no savings, there’s really nothing to claim was lost by her death; there’s no money in it for anyone, basically. I could sue Woodland Terrace for pain and suffering, of course, but even if we won anything, all of the proceeds would immediately be consumed by outstanding medical bills, etc.

Marla said I could go online and file complaints about every doctor and nursing home, and perhaps the State of Florida might sanction some of them, but nothing is likely to change. “It will happen again,” she said. “They get away with it all of the time,” because they can.

Sometimes the depths of grief are overwhelming.

Scheduling a Call
January 3rd, 2014 @ 8:07 am

TelephoneI called Marla Rawnsley on my way to work on the morning of Friday, January, 3rd, 2014. We spoke for just a few minutes, long enough for her to tell me that she wasn’t technically back from vacation yet but that she did have some questions she wanted to ask me about mom’s death.

We agreed to speak at 12:30 PM (Pacific) on Monday, January 6th, 2014.

New Year
January 2nd, 2014 @ 2:05 pm