Widow sues Macon hospital, nursing home for alleged neglect in husband’s death
The wife of a patient has sued two nursing homes and a hospital in Macon after the staff were allegedly negligent in her husband’s care, which led to his death, according to a lawsuit filed last week.
Genelda Carswell filed a lawsuit in Bibb County Superior Court against Fountain Blue Rehab and Nursing, PruittHealth, and Atrium Health Navicent after her husband, Mack Carswell, died in 2023. She alleges staff failed to monitor his declining oxygen levels when undergoing treatment at the facilities, which led to his death.
Mack Carswell suffered from Stage 4 chronic kidney disease, congestive heart failure, hypertension, thrombocytopenia, coronary artery disease, morbid obesity, Type 2 diabetes, acute and chronic respiratory failure, end-stage renal disease and ventricular tachycardia, according to the lawsuit. His ailments required him to undergo regular dialysis treatment, use a pacemaker and oxygen support of two to three liters via a nasal cannula.
Other than failing to monitor his oxygen levels, Genelda Carswell also argued that care providers failed to properly monitor his medical conditions, implement appropriate interventions when his condition deteriorated, maintain proper staffing levels to ensure adequate care, properly communicate changes in condition between staff members, and provide appropriate medical care following his known conditions, according to the lawsuit.
Because of these failures, Mack Carswell “suffered unnecessary pain, distress and ultimately death,” the lawsuit said.
She further accused the people responsible for Mack Carswell’s care of professional and corporate negligence, of violating the bill of rights for residents of long-term facilities, of wrongful death, and of vicarious liability. She also accused them of fraud after they allegedly “misrepresented their capabilities by accepting and retaining Mr. Carswell as a resident while lacking adequate staff to monitor his complex conditions, having insufficient protocols for overnight monitoring and being unable to provide required cardiac care,” the lawsuit said.
A lawsuit represents one side of the story, and those being sued haven’t yet responded in court documents. Representatives of PruittHealth, Fountain Blue Rehan and Nursing and Atrium Health Navicent did not responded to requests for comment prior to publication.
Macon patient’s sudden deterioration
After being treated at Atrium Health Navicent, Mack Carswell was admitted to PruittHealth on May 26, 2023, for continued care and treatment, according to the lawsuit. The reason for his hospitalization was unclear in court records.
However, three days later, on May 29, 2023, at around 6:50 a.m., Mack Carswell had been experiencing confusion, with his oxygen saturation at 94% while receiving two liters of oxygen per minute via the nasal cannula.
At around 9 a.m., his condition “deteriorated,” as he was experiencing shortness of breath and was unable to talk, which led nurses to transfer Mack Carswell to Atrium Health Navicent’s emergency room, the lawsuit said. His oxygen saturation was dropping to 90-92%.
Mack Carswell was then admitted to Fountain Blue Rehab and Nursing on June 8, 2023, for treatment. His last documented vital signs on June 13, 2023, showed that his temperature was 97.3 degrees Fahrenheit, his blood pressure was 112 over 67, his pulse was at 71 beats per minute, his respiration was 18 and his oxygen saturation was 95%, according to the lawsuit.
Nurses from Fountain Blue Rehab and Nursing found Mack Carswell unresponsive on June 14, 2023. He was given CPR and was transported to the emergency room at Atrium Health Navicent, where he was pronounced dead, with the cause of death being cardiovascular disease.
Doctor gives affidavit on malpractice
The lawsuit included an affidavit from Dr. Marty Schmidt, who reviewed how Mack Carswell was treated by the staff of the defendants,
Schmidt’s analysis said even though Mack Carswell was dependent on regular renal dialysis, it was not given to him during his stay at Atrium Health Navicent and PruittHealth and was a breach in their standard of care. Schmidt argued that if a facility cannot offer the necessary services for a patient, they must turn down accepting the patient, considering PruittHealth did not offer the dialysis treatment Mack Carswell needed.
Schmidt referenced how Mack Carswell was up all night with confusion, and his oxygen levels being “markedly low,” on May 29, 2023. Schmidt said nurses never contacted his physician.
“This allowed for respiratory decompensation to continue to the point of Mr. Carswell suffering acute respiratory failure and requiring intubation,” Schmidt said.
Schmidt argued the staff at Fountain Blue also failed to perform an admission assessment on Mack Carswell in a timely manner. Although he was admitted on June 9, 2023, his admission assessment was completed on June 14, 2023, when he was sent to the emergency room.
Schmidt noted that there was no care plan created for him, which resulted “in lack of delivery of needed nursing care that resulted in Mr. Carswell’s death,” according to his review.
