tphillips78
Certainly, you must consult with an attorney about the statute of limitations for wrongful death. There may be other avenues for a suit. More likely than not, the nursing home violated several areas of this woman's patient's rights. The delay in providing a copy of the records is a violation of duty and (I think) of patients' rights.
As for the issue of Ativan. When I first read your post, I thought, 'hypoxia; not true agitation'. The client was seriously ill, post or current chemo therapy, and exhibiting signs and symptoms of hypoxia (restlessness, agitation). In a longterm care setting, there is one treatment option available: client receives a medical examination by an MD, either in the ER or in the longterm care facility.
Ativan is strongly contraindicated in the elderly, the seriously ill, and those with potential respiratory deficit. This person had all three. When Ativan must be given to a person with any of the above mentioned conditions, resuscitative equipment for ventilator support must be readily available.
Ativan peaks in 1-6 hours. This woman received two doses within that time period putting her at risk for sudden death from respiratory deficit or cardiac hypoxia.
Please meet with an attorney with experience in longterm care cases. I'd love to consult on this case and rip them to shreds. (please don't anyone think I am soliciting business--"I'd love to consult..." is just an expression!)
EC