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Vidant Medical Center Investigated by DHHS

Vidant_Medical_Center_Greenville_NCThe Neglect of Keisha White at Vidant Medical Center – Part 1

Some people have questioned the reality of what happened to my daughter, Keisha Marie White, at Vidant Medical Center. I can understand why. There were so many failures on all levels. The details of what she went through, and the shortcomings of such a prestigious facility in the state of North Carolina, are truly extraordinary. Few people in the surrounding area are able to wrap their mind around the fact that what used to be regarded as one of the best hospitals, if not THE best hospital in our state, could allow such neglect to happen. What they don’t realize is that Vidant itself, also played a part in Keisha’s death.

What the next series of posts will show is, perhaps Vidant Medical Center (previously Pitt Memorial Hospital) is not one of the best hospitals after all. You’ll be able to see the incompetence that government agencies have uncovered at that facility. And hopefully, you will join in my fight for justice by sharing posts, not just to your own social media accounts, but to the account walls of your friends and family. Tag them; @them; post the links on various Facebook pages. Make phone calls or spread the word by mouth. It all helps.

*** Note: Due to the length of the NC Department of Health and Human Services (DHHS) report (36 pages), this post will be broken down into segments. Direct quotes from the report will be underlined and followed by personal commentary.

Based on review of hospital policy, job descriptions, closed medical record review, monitor technician log review and staff interview the hospital’s leadership failed to provide oversight and have systems in place to ensure the protection of patients’ rights and failed to have an organized nursing service to ensure the provision of patient care in a safe environment.

That’s the beginning of Vidant Medical Center’s faults. That part is not on the staff. It’s on the President or the CEOs or whoever it is that make decisions about how many are employed, who they are, what their qualifications and history is. It’s on those who make, adopt, implement, and enforce hospital policies; and then have disciplinary measures in place for those who fail to abide by those policies… even if the employee(s) is in management.

The findings include:

1. The hospital failed to protect and promote patients’ rights for a safe environment for patients by failing to ensure care was provided in a safe setting by failing to ensure the nursing staff supervised and evaluated patient care by failing to follow physician orders for continuous cardiac monitoring, failing to recognize signs and symptoms of hypoxia, failing to report a change in patient condition and failing to release the restraint when the patient was resting quietly for 1 of 1 patients with a cardiac arrest (Patient #7).

How many failures was mentioned in that sentence? SEVEN? Wow. By the way, Keisha is “Patient #7.” She is also the “1 of 1 patients” since she was the only patient focused on by DHHS at the time. But do you see how the hospital failed 3 times before the failure of the nurse could take place? If Vidant had followed proper protocol and procedure as a health care facility, Linda Brixon (the nurse) would not have been able to get away with the neglect my daughter suffered.

CLICK HERE if you want to see the entire DHHS report. Share your thoughts in the comment section. Thank you.

 

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NC 1st and 2nd Degree Homicide Laws

1st and 2nd degree murder / homicide
OFFENSES AGAINST THE PERSON
Article 6.

Homicide

§ 14-17. Murder in the first and second degree defined; punishment.

(a) A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14-288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State’s prison for life without parole as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 18 years of age at the time of the murder shall be punished in accordance with Part 2A of Article 81B of Chapter 15A of the General Statutes.

(b) A murder other than described in subsection (a) of this section or in G.S. 14-23.2 shall be deemed second degree murder. Any person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:

(1) The malice necessary to prove second degree murder is based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.

(2) The murder is one that was proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or cocaine or other substance described in G.S. 90-90(1)d., or methamphetamine, and the ingestion of such substance caused the death of the user.

(c) For the purposes of this section, it shall constitute murder where a child is born alive but dies as a result of injuries inflicted prior to the child being born alive. The degree of murder shall be determined as described in subsections (a) and (b) of this section.

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NC Patient Abuse and Neglect Laws

NCLEG Patient Abise Laws in NC

§ 14-32.2. Patient abuse and neglect; punishments.

(a) It shall be unlawful for any person to physically abuse a patient of a health care
facility or a resident of a residential care facility, when the abuse results in death or bodily injury.
(b) Unless the conduct is prohibited by some other provision of law providing for
greater punishment:
(1)A violation of subsection (a) above is a Class C felony where intentional
conduct proximately causes the death of the patient or resident;
(2) A violation of subsection (a) above is a Class E felony where culpably
negligent conduct proximately causes the death of the patient or resident;
(3) A violation of subsection (a) above is a Class F felony where such conduct is
willful or culpably negligent and proximately causes serious bodily injury to
the patient or resident;
(4) A violation of subsection (a) is a Class H felony where such conduct evinces
a pattern of conduct and the conduct is willful or culpably negligent and
proximately causes bodily injury to a patient or resident.
(c) “Health Care Facility” shall include hospitals, skilled nursing facilities, intermediate
care facilities, intermediate care facilities for the mentally retarded, psychiatric facilities, rehabilitation facilities, kidney disease treatment centers, home health agencies, ambulatory surgical facilities, and any other health care related facility whether publicly or privately owned.
(c1) “Residential Care Facility” shall include adult care homes and any other residential care related facility whether publicly or privately owned.
(d) “Person” shall include any natural person, association, corporation, partnership, or
other individual or entity.
(e) “Culpably negligent” shall mean conduct of a willful, gross and flagrant character,
evincing reckless disregard of human life.
(e1) “Abuse” means the willful or culpably negligent infliction of physical injury or the
willful or culpably negligent violation of any law designed for the health or welfare of a patient or resident.
(f) Any defense which may arise under G.S. 90-321(h) or G.S. 90-322(d) pursuant to
compliance with Article 23 of Chapter 90 shall be fully applicable to any prosecution initiated under this section.
(g) Criminal process for a violation of this section may be issued only upon the request
of a District Attorney.
(h) The provisions of this section shall not supersede any other applicable statutory or
common law offenses.
If you’d like to confirm the validity of the law, click here to review the NC Legislation’s publication in pdf format. Thank you for visiting.
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NC Inmate Dies After Medical Neglect

Inmate allegedly died from medical neglectDo You Think This Alleged Case of “Medical Neglect” Should be Treated as a Crime?

According to The Media Co-Op, a Durham County Detention inmate, Matthew McCain, died in his cell a few days ago after staff ignored emergency call buttons pressed by several inmates. Inmates have reported that Officer Boria has ignored emergency call buttons in the past. Other reports say that inmates are routinely denied proper medical treatment within the system of abuse at this facility. McCain allegedly died as a result of the lack of medical attention.

So far, I have not been able to find any information in the mainstream news media about this incident being the result of criminal neglect or medical neglect. News sources such as, WRAL Channel 5 and WLOS Channel 13, have reported on the death. Neither have gone into details about what did or did not occur leading up to McCain’s death. Neither have covered the story from the perspective of the incident being felonious. However, many underground news sources, like The Media Co-Op and others, have elaborated on the Durham County Sheriff misleading the public by keeping the details of the inmate’s death a secret.

On a personal note, as this relates to my daughter’s neglect at Vidant Medical Center, it does seem that only certain instances of criminal neglect are made aware to the public. But from what I can tell, those cases have more to do with mistreatment of animals, young children, and the elderly; and IN THAT ORDER. Isn’t that unfortunate? I’ve been trying for almost two years for someone in the mainstream media to take the circumstances of my daughter’s death seriously and give it some news coverage. But dogs and cats… and especially dogs…. let the pooch suffer from any type of abuse and neglect, from taping the mouth with duct tape to shooting one in a parking lot, and it’s all over the news. It may even get national attention.

That’s not to say that people should not be punished for doing insane things to animals. What I am saying is that PEOPLE, regardless of age, ethnicity, or circumstance, should be given the same recognition in the news media if they suffered serious injury or loss of life as a result of a felonious crime.

Thank you for reading. Let me know what you think in the comments below.

 

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Nurse Practice Act

North Carolina Nurse Practice Act

Nurse Practice Act

State of North Carolina

AN ACT TO REGULATE THE PRACTICE OF NURSING. The General Assembly of North Carolina enacts: Section 1. Article 9 of Chapter 90 of the General Statutes is hereby rewritten as follows: ARTICLE 9A. Nursing Practice Act.
§ 90-171.19. Legislative findings. — The General Assembly of North Carolina finds that mandatory licensure of all who engage in the practice of nursing is necessary to ensure minimum standards of competency and to provide the public safe nursing care.

§ 90-171.20. Definitions. — As used in this Article, unless the context requires otherwise:

(1) ‘Board’ means the North Carolina Board of Nursing.

(2) ‘Health care provider’ means any licensed health care professional and any agent or employee of any health care institution, health care insurer, health care professional school, or a member of any allied health profession. For purposes of this Article, a person enrolled in a program that prepares the person to be a licensed health care professional or an allied health professional shall be deemed a health care provider.

(3) ‘License’ means a permit issued by the Board to practice nursing as a registered nurse or as a licensed practical nurse, including a renewal thereof.

(4) ‘Nursing’ is a dynamic discipline which includes the assessing, caring, counseling, teaching, referring and implementing of prescribed treatment in the maintenance of health, prevention and management of illness, injury, disability or the achievement of a dignified death. It is ministering to, assisting, and sustained, vigilant, and continuous care of those acutely or chronically ill; supervising patients during convalescence and rehabilitation; the supportive and restorative care given to maintain the optimum health level of individuals, groups, and communities; the supervision, teaching, and evaluation of those who perform or are preparing to perform these functions; and the administration of nursing programs and nursing services.

(5) ‘Nursing program’ means any educational program in North Carolina offering to prepare persons to meet the educational requirements for licensure under this Article.

(6) ‘Person’ means an individual, corporation, partnership, association, unit of government, or other legal entity.

(7) The “practice of nursing by a registered nurse” consists of the following ten components:

a. Assessing the patient’s physical and mental health including the patient’s reaction to illnesses and treatment regimens.

b. Recording and reporting the results of the nursing assessment.

c. Planning, initiating, delivering, and evaluating appropriate nursing acts.

d. Teaching, assigning, delegating to or supervising other personnel in implementing the treatment regimen.

e. Collaborating with other health care providers in determining the appropriate health care for a patient but, subject to the provisions of G.S. 90-18.2, not prescribing a medical treatment regimen or making a medical diagnosis, except under supervision of a licensed physician.

f. Implementing the treatment and pharmaceutical regimen prescribed by any person authorized by State law to prescribe the regimen.

g. Providing teaching and counseling about the patient’s health.

h. Reporting and recording the plan for care, nursing care given, and the patient’s response to that care.

i. Supervising, teaching, and evaluating those who perform or are preparing to perform nursing functions and administering nursing programs and nursing services.

j. Providing for the maintenance of safe and effective nursing care, whether rendered directly or indirectly. Read the rest of this entry »

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