Several healthcare facilities accused of willful and wanton misconduct seek to dismiss a suit alleging a patient died after dialing 911 while admitted at the hospital because no one responded to her distress calls.
Defendants Washington University Physicians and Dr. Jiggar Hindia filed a motion to dismiss on July 18 through attorney Maureen Bryan of Armstrong Teasdale LLP in St. Louis.
The defendants argue that plaintiff Wallis Beatty, as administrator of the estate of Tashia Beatty, provided a consulting physician report that “does not specifically identify any willful and wanton misconduct and/or gross negligence” by the defendants.
“Rather, the consulting physician merely opined that Dr. Hindia deviated from the standard of care by failing to timely intubate decedent and by failing to order/administer Narcan and Mizdazolam,” the suit states.
The defendants add that punitive damages are not recoverable in a medical malpractice action, arguing that dismissal is appropriate.
The defendants also argue that Beatty “has failed to plead separate causes of action against each defendant.”
“Plaintiff does not distinguish which allegations pertain to which defendants; rather, plaintiff compiled a list of allegations generally claiming that the allegations are against all four defendants,” the suit states.
In the alternative, the defendants seek more definite allegations.
Defendant Protestant Memorial Medical Center Inc., doing business as Memorial Hospital - Belleville, filed a similar motion to dismiss on July 29 through attorney Michael Nester of Donovan Rose Nester PC in Belleville.
Specifically, it argues that Beatty’s expert “merely opined that Memorial Hospital - Belleville deviated from the standard of care by failing to timely respond to plaintiff’s alleged deteriorating condition.”
Wallis Beatty is the brother of Tashia Beatty. He filed the lawsuit in the St. Clair County Circuit Court against Memorial Hospital - Belleville, Washington University Physicians in Illinois, Hindia and Dr. Charles Ampadu.
The suit was filed through attorney Thomas Keefe III of Keefe Keefe & Unsell PC in Belleville.
The complaint alleges the hospital staff "willfully and wantonly neglected the decedent to the extent that she was compelled to dial 911, in a desperate plea for help."
Tashia Beatty was a 46-year-old teacher remembered for being a "bright light" to all who knew her.
According to the complaint, Beatty was admitted to Memorial Hospital on May 10, 2020, with a history of gastrointestinal bleeding, weakness, and hypoglycemia. The suit states that her condition improved by May 23, 2020, when she was prescribed hydrocodone by Dr. Benedicta Unoru and Lorazepam by Ampadu. The suit states that hydrocodone and lorazepam "are contraindicated and can cause respiratory distress, a coma, and death."
Beatty's brother alleges that after several missed vital sign checks, Beatty was forced to call 911 while inside the hospital on May 24 at 1:12 a.m. because she was allegedly having trouble breathing and could not get help.
"Decedent tells the 911 operator that she needs help and cannot breathe," the suit states. " When asked where she is by the operator, she tells the operator she is at the hospital. When asked what room she is in, she responds that she is in room 102. She also gives the operator her name. Decedent also stated to the operator that, 'They won't come and get me and I need help.'"
When asked if she has tried the call button, Beatty allegedly replied that she had done everything and needed help.
The 911 operator allegedly called the hospital and asked the medical staff to check on Beatty. The suit states that a safety check is allegedly documented at 2:04 a.m., but no vital signs are noted. Then at 2:47 a.m., a monitor tech noted systole and a code blue was called for Beatty. A cardiopulmonary resuscitation lasted 22 minutes, the suit states. Beatty was intubated following the code blue. She allegedly suffered severe anoxic encephalopathy with damage involving deep brain structures. Beatty died from her injuries on June 15, 2020, as a result of acute hypoxemic respiratory failure, cardiac arrest and an anoxic brain injury.
Wallis Beatty seeks a judgment in excess of $75,000 for each count.
St. Clair County Circuit Court case number 22-LA-490