The Case to be filed

IN THE COURT OF COMMON PLEAS
OF CLERMONT COUNTY, OHIO

Mary J Huebener Raichyk, PhD
Personal Representative of
E Michael Raichyk, Deceased,
1563 Kress Rd,
Mount Orab, OH 45154,
Plaintiff,
v.
Shabbir Sabir, MD, Mercy Mount Orab, Emergency Room,
Qualified Emergency Specialists, Inc,
415 Greenwell Ave,
Cincinnati, OH 45238,

David C Beck, MD, Mercy Clermont Intensive Care Unit,
Mercy Health Partners, Lung Specialists,
2055 Hospital Dr, Suite 200,
Batavia, OH 45103,

A X Bhaskar, MD, Mercy Clermont Hospital,
Cincinnati GI
3248 Westbourne,
Cincinnati, OH 45248
Defendants.

COMPLAINT
Jury demand endorsed hereon


First Claim
1.Plaintiff was appointed personal representative of her son, E Michael Raichyk, deceased, and executor of his estate, such as it is, empty at the moment, by the Brown County Probate Magistrate, on June 15, 2010, in Case No. 20101106. She brings this wrongful death action as personal representative for the exclusive benefit of the surviving daughter and mother of the deceased.

2.On May 5, 2010, at the Mercy Mount Orab Hospital Emergency Room, the first defendant, S. Sabir, MD, did violate his responsibility to care for my son's need for oxygen and decidedly did make racial threats and sexual innuendos to the detriment of a harmless patient. Resulting in hypoxia and coding on the way to the Mercy Clermont Hospital ER/ICU with extreme consequences.

3.On May 16, 2010, at the Mercy Clermont Hospital Intensive Care Unit, the second defendant did deny the patient the continued use of nutritional support, provided by the patient's family which support is widely recognized as being responsible for reducing hospital mortality rates and defendant had acknowledged that he could not explain why the patient had shown signs of improvement, in spite of overwhelming opinion of the defendant that there was no other explanation for the improvement, nor would he offer any other methodology to continue that improvement. This stance to deny an ability to survive the odds that the defendant had presented as medical fact, was reinforced by the defendant's threat to deny the family access to the patient if they tried again. Leaving the family no choice but to seek to find another hospital or nursing home where the odds against survival could be further undone by appropriate nutritional supported medical care.

4.On May14, 2010, at the Mercy Clermont Hospital Operating Room, the third defendant did perform surgical procedure that he later discredited as knowingly likely to cause internal bleeding and should not have been allowed, though responsibility for proceeding was the defendant's And on May 23, 2010, after internal bleeding had occurred and was seeming to have abated, the third defendant ordered a questionable drug and an excessive amount of fluid by IV, leading to fluid overload in a patient denied weekend kidney dialysis for the comfort and convenience of the MDs and technicians, resulting in septic shock. We had almost made his escape to decent treatment in Locust Ridge. Just one day before the bleeding started, his other devoted nurses and technicians were celebrating his progress in being able to reach speech therapy and mouthing 'Sweet Success' for his achievement on the testing, which confirmed the nursing staff's persistent supporting beliefs that he was conscious and responding when treated decently, unlike the MDs.

5.Eugene Michael Raichyk, age 37, died on May 23, 2010, after septic shock had occurred, during administration of the excessive amount of blood products ordered by the third defendant and not countermanded by any of the weekend-unenthusiastic nurses or MDs.

6.Michael Raichyk was survived by his mother, Mary J Raichyk, and his sister, Mya Lee Raichyk, who are the beneficiaries of this action.

7.Eugene Michael Raichyk, age 37, had a life expectancy of about 40 years at the time of his untimely death. His beneficiaries lost a partner in their business ventures, suffering damages of loss of creativity and persistent support for developing their dream and joint careers. His reasonably expectable earning capacity was now beginning to surface as we shall demonstrate, when this medical sequence struck us down. He had developed a way to help those who had lost their homes to foreclosure or bankruptcy in Florida while providing a nominal income which shall never be used without him.

8.Decedent's beneficiaries suffered damages for the loss of his companionship, his eventual family's assistance, his attention, protection, sound advice, shared learning and education.

9.Decedent's beneficiaries suffered damages for the loss of his services over the time he was expected to live.

10.Decedent's beneficiaries suffered damages from the mental anguish caused by his death.

11.Reasonable funeral and cremation expenses in the amount of $1,200 have been incurred due to the damages inflicted by the defendants
Second Action

1. As executor of the estate of Eugene Michael Raichyk, deceased, plaintiff brings this action for the injuries and damages to Eugene Michael Raichyk prior to his death for the benefit of the estate of Eugene Michael Raichyk.

2. Plaintiff incorporates the allegations of the second paragraph of the first claim for relief.

3. Plaintiff likewise incorporates the allegations of the third paragraph of the first claim for relief.

4. Plaintiff further incorporates the allegations of the fourth paragraph of the first claim for relief.

5. As a result of the sequence of events in paragraphs two through four, Eugene Michael Raichyk suffered and subsequently died untimely on May 23, 2010.

6. Eugene Michael Raichyk incurred medical and hospital expenses as a result of the actions of these individuals that far exceeded the diagnostics that had been authorized and should therefore be considered as unlawful claims to be invalidated on the estate of Eugene Michael Raichyk.

7.Eugene Michael Raichyk sustained pain and suffering as a result of those injuries in the horrible conditions placed on his survival by these individuals.

WHEREFORE, plaintiff prays judgment against defendants, one through three, in the sum of $___________ on his first claim for relief and judgment for $__________ on his second claim for relief and costs. Wherefore, no individual who caused or contributed to the death of Eugene Michael Raichyk shall be permitted to profit therefrom.



THE MEDICAL SIDE -- PROBATE AUTHORIZED ASSESSMENT OF A WRONGFUL DEATH SETTLEMENT:

This document is to provide the ascertainment of the validity -- or in the case of a wrongful death claim, the invalidity -- of the claimed billable invoices and/or expenses involved in this medical wrongfulness nightmare, under my role as the Probate-authorized Personal Representative of the Decedent. Not to mention prematurely, but rationally validated, the other 'Actions' for just resolution under the law including loss of companionship, services, support and liveliness.

v. first defendant, Shabbir Sabir, MD, Mercy Mount Orab Emergency Room:

In this case, it is pivotal to point out that THIS DEATH WOULD NOT HAVE HAPPENED IF THE SERVICES HAD NOT BEEN FUNDAMENTALLY HOSTILE AND DAMAGING TO THE DECEDENT. The range of injury -- instead of the help promised and expected -- ranged from the purveyors' hubristic delusions of medical potency compounded by hostility, to frankesteinean "miscalculations", to gross violations of the Hippocratic Oath in critical care denials, to violations of Christian ethics of 'do unto others', to knowingly risking patient survival for egoistic performance and greed benefits.

We lost him and he will never pay your bill nor those bills of those responsible for the consequential damaging done in your support. Nor does any of you have any right to expect payment, as you will find if you check the law in the Ohio Revised Code. Specifically, "if anyone committed a wrongful act against the decedent that caused injury to the decedent or led to his death, then regardless of whether that person is convicted", I am allowed -- as Personal Representative -- to consider it my duty to sue that person for a "wrongful death" on behalf of the beneficiaries of the decedent's estate. In my son's case, it's also for humanity's sake, as you will see. You have no right to this billing claim and we will not be capitulating to any pressures to respond to your wrongful attempt to claim profit from my son's death because you have been engaged in wrongfully denying needed treatment and mis-treating my son, denying him therapies and recklessly pursuing your own income opportunities at his risk in this patently consequential damaging and injury to the decedent. Hence you shall not be paid at all, and you shall pay for the damages you caused so it will not be to your advantage to be ever able to consider this nightmare as not your fault.

It will never bring him back nor will any other justice-damage ideas but you must be held accountable. And things must be brought to the point of being able to change -- for my son's peace of mind -- and to the point of being able to save our loved ones from your perpetuation of inhumane treatment, also for my son's peace of mind. You have unalterably denied our family the potential of his working with us on our dreams and of the family he would have fathered and supported and deprived us of his physically supportive person in our lives. So we shall not rest until this is resolved for my son's peace of mind.

My son's own personality is honorably and extremely responsible and intelligently caring for those who share his life. He smoked but never allowed the air to be polluted in the household. Nor did he ever increase the fire hazard involved in smoking since he had his smoking area confined to the sink area in the garden bath with exhaust fan available and water useful. His smoking abatement plans involved using snus -- the Swedish invented alternatively processed tobacco that has a substantial research record of no health damage but is not as strong physically -- for use when he was around people so neither he nor they would be damaged by the smoke aspect of the usual American dry-heat cured tobacco usage.

He also seemed to enjoy a shot of alcohol every couple of days to relax and get his own creativity refreshed, but he never risked anyone's safety on the road or otherwise endangered anyone, yet we saw how evil those people themselves are who thought the evils of drinking and smoking should allow them to damage those who use it. This is undeniably a crime on their souls' head. And we shall not allow their evil to go without challenging the damage they did in the Emergency Room.

In spite of his own admission of indulging, they expect us to believe that they made their own pseudo-conclusion that he was an alcoholic in withdrawal since they could never have arrived at this conclusion from his condition, nor from his testimony, nor from the standards of 'moderate alcohol use' published by the CDC, nor from our own unhappy worries since we both had said that he was not yet withdrawing as we would have liked. And they claimed that their own evil ideas did prevail in ignoring the real symptoms and fabricating their bogus idea of what treatment they would prescribe. They then did attempt to cover up their evil when we questioned their treatment -- which had not been authorized at all yet, which we will discuss momentarily -- by trying to justify their timing and decision by pointing to his shaky hands which they claimed was their proof that he was in withdrawal. This was totally outrageous and clearly a deception to conceal their considerable guiltiness.

The idea that someone with my son's symptoms -- excessively rapid heart beat, shortness of breath, chest pain and fever -- should be appearing calm to anyone making a valid medical evaluation-opinion is absurd, especially not to mention the fact that some people have this shakiness in his hands -- technically unsteady hands -- which in our family history is an inherited trait. But these criminals had already perpetrated their extortionary tactics and separated us from my son during their evil delay in properly treating his real needs by claiming they couldn't do anything unless we were sent away and they made cautionary statements saying they would call us back as soon as possible when they had completed their examination and testing and had a diagnosis, which diagnosis is what we had sought in addition to help with his breathing which we felt required medical oxygen. The rest of his symptoms seemed reasonably manageable for home care with considerable knowledgeable use of nutritional therapies. Had we been allowed to be near enough to answer valid questions in the ensuing evaluation-thinking, we could have explained the shaking AND COUNTERED THEIR IMPROPER ADMINISTRATION OF SEDATION. PLUS PREVENTED WHAT THEY WERE REALLY DOING INSTEAD AND WERE NOW HIDING WITH THIS CONCOCTED PHONY 'CONCLUSION', namely our presence would have prevented their manhandling and insulting threats that my son reported to me much later. The insults were rejected by my son and THE PERPETRATOR OF THE SHOCKING SEXUAL THREATS AND RACIAL ENMITY IS THE SHABBIR SABIR, MD, OF MERCY MOUNT ORAB EMERGENCY ROOM MEDICAL CENTER.

Nor was sedation a reasonable tactic for treating pneumonia in a patient who is calmly supporting his diagnostics and has no reason to be objecting. But sedation is constantly used to excess by the medical staff in the hospitals as a way to reduce THEIR anxiety about patients they have done nothing to help and/or have nothing else to offer and/or when they want to suppress the patient's valid anxiety or protest. We have seen it later in this case as well as seen it in other cases that we were involved in. AND IN THIS CASE, IT WAS A COVER-UP OF S. SABIR'S DAMAGING EVILNESS.

Instead of carefully pursuing the straightforward diagnosis that was wanted, they had abused him and neglected their responsibility for my son's welfare to push us into the waiting room by demanding that we complete some extortionistic paperwork under their pretense of a seemingly standardized claim of the 'obvious usefulness' of our complying with their work, defining our co-operation as helping help my son, which we now know is not what they were doing.

In contrast, when we were at Mercy Hospital Anderson in February 2007 for my own diagnostics in a hernia, with delay of seeking help complications, the emergency room doctor had allowed my son and my daughter to remain with me in the examination area while the Emergency Medical doctor and his staff took xrays and did the usual physical exam, all done without total stripping and disruption of patient calmness.

Nor was that all the difference, since Mercy Anderson's own paperwork routine was not interposed until we had gotten through with the diagnostics and had made a decision. This Mount Orab paperwork, demanded prematurely, was not simply a way to get the personal data of the patient, it was clearly aimed at extorting promises of some unreasonable and unknowable payment -- while holding your loved one out of reach -- commitments from whomever, though not obligated under the law, was caring enough to be intimidated if they did not produce the wanted paper document of responsibility substitution.

Too much time was passing and by that time we were pacing with no answer from the patient area. We had gotten so alarmed that we had simply attempted and did manage to snag any 'someone' in reach of the frontdesk and asked to go back there or be told what was going on -- because we were justifiably alarmed at the lengthy delay that we were subjected to, instead of the stated promise that 'it would not be long' that we would be required to be pushed away, out of reach and out of hearing. What we found was that they had already done more damage than was decently imaginable. Our family doesn't have any allergies to usual anesthetics and painkillers but we DO have a decided sensitivity to most pain killers and sedatives to the point of usually needing way less than the 'normal' amount. Not only was this possibility of sensitivity not anticipated by them in their hubristic sense of adrenal-junkies' medical potency to handle crisis however caused -- or maybe omission of concern was intentional and due caution unwanted because of their own evil prejudice -- though it was obviously needed to be recognized in their thinking, but there should have been no rush to sedate a pneumonia patient anyway, no authorization of treatment had even been given -- other than oxygen -- at the point that S.Sabir had done his evil racial prejudice and abusive behavior.

Furthermore, judging from my son's increased horrible shortness of breath, they had completely been moving him about in ways that aggravated his body's demand for oxygen. There are ways to handle patients that use less patient energy and he had obviously been subjected to a full, unnecessarily rigorous, stripping and clothing changing while they subjected him to their innuendos and racial insults and other 'miscalculated' handling AND MEDICATING. It is crucial to minimize increases in oxygen demand when there is acute respiratory distress. TO DO OTHERWISE IS TO DO HARM TO THE PATIENT. Blood testing and chest x-rays did not require this stripping and sterility since he had arrived as usefully near to his sleeping clothing as we could manage in our caring handling of his condition and presentation. Instead the spectre of unexplainable inattention to his already recognized suffering in breathing was frightening and the nursing attendant was hugely defensive when we questioned their unauthorized treatment and lack of caring focus. We know, from the Mercy Anderson events that NONE OF THIS EXCESSIVE DISRUPTION WAS NEEDED FOR MEDICAL DIAGNOSTICS THAT THEY WERE PERFORMING. We do not even doubt that this improper medical operation was undeniably racially motivated, based on the hubristic medical idea that it could be gotten away with, while providing Sabir's own gratification.

We should have taken my son home then and there – there's no telling what we would have done had we realized what they had actually done -- but they had already done so much damage and were claiming they were not allowing him to be movable except in an ambulance with high tech requirements for intubation and ventilator use and they demanded that we agree to his intubation. What a complete disaster can happen in such an invasive environment -- of a vulnerable patient with no guardian there to deal with what was wanted and needed, and able to support rejection of what was not wanted and not decent as caregiving. How can you make such decisions. What they did afterwards was even -- under these circumstances -- not what anyone would want. We tried to make a decision that we would think he would have wanted but it was based on our limited idea of the misery of such intubation processes. My own experience was just an NG-tube and it was ok after the initial insertion horrors were completed. So we were forced to back away from the choice to take him home, which may have been an error but anybody attempting to tolerate these excruciatingly horrible situations will tell you that there is no right way to decide for your own need, much less for somebody else, in those timeframes and circumstances.

Had we known – as Emergency Care Specialists should have known – of the existence of the IV-administered oxycyte now is research level usage – or had my son been taken properly to the hyperbaric oxygen services at Mercy Clermont in the first place, or offered other OXYGEN THERAPEUTICS -- that we now know exist in some hospitals in other places we have lived near, we would have never even considered their mishandling of my son's real needs as possible good faith error and we would have recoiled at their demonstrated evil. Instead we raced to follow the ambulance after seeing that the ER technicians were again going to administer more sedation which we could only hope was now going to be adjusted to his family background, which we had made clear to the attending nurse. Instead we found out that their ambulance crew administered EVEN MORE SEDATION while in-transit when they found he was uncomfortable with that hideously choking tube forced down his windpipe in the ER. Consequently the horrible sequence of code events was totally the medical staff's responsibility and not ours and certainly not my innocent son's. Two lengthy -- one twenty minutes -- unbelievable code nightmares for my innocent son, due to supposedly their idea of his drinking, their shameful – and at the very least, majorly incompetent -- manhandling, their antagonizing racial and sexual epithets, their sweeping away family support and medical sensitivity data, their hideous propensity to constantly, and suspiciously sedate, on top of their obsessive, unnatural and unnecessary sanitizing, their unauthorized -- and possibly evilly guilty -- proceeding to sedation repeatedly, and their evil misjudging of symptoms. Instead of caution and sensible decent caregiving.

He arrived with a case of walking pneumonia that he hadn't realized what it was and had tried to tough it out since he had no coughing or other characteristic respiratory type of symptoms and he was a reliable worker at our construction operation as well as our advertising operation, which ever operation happened to show some promise at that day's moment in this economic climate. The toughing-it-out delay may have developed more troubles in the sepsis direction but that only made his handling require more delicacy, if you ever want to save that patient and to avoid the horrors of intubation and coding, which horrors we now read are so evil for the patient -- even in the minds of the nurses who are closely involved in that code treatment process -- that these code-trained nurses write their own 'DO NOT RESUSCITATE' and/or 'DO NOT INTUBATE' instructions should they ever be faced with their own code. Not to mention that we now know for a fact that Oxycyte is available at a hospital down in Virginia where we used to have part interest in an organic orchard. Where else it may be available and under what research-related programs is yet under discovery, but the idea that this OXYGEN THERAPEUTIC is so effective and has already shown excellent testing results for brain trauma and decompression sickness but has not reached our loved ones, while the hospital ERs and ICUs continue barbaric intubation is a total violation of public trust and Hippocratic Oath not to mention Christian values about 'do unto others'. On top of the manhandling, sexual innuendos and racial threats, this evil continued damaging is on the head of S.Sabir, MD and his staff at the Emergency Room in Mount Orab Mercy. Furthermore, the hyperbaric treatment has the research based support to be able to handle the hypotension risk leading to coding, as well as the oxygenation needs that my son had, so the coding is on Sabir's head. And his attitude did toxify nearly all the MD's attitudes at Mercy Clermont because he had made the unfounded claim that my son was an alcoholic and we saw this infuriating influence appear in every document on Mercy's hospital MD records, toxifying the treatment and diagnosis that was in the records, even subtly influencing the MD's internal ideas, which shall not be documentin in this argument but was clearly part of the evil ideas that are SHARED BY THE MEDICAL STAFF AT MERCY CLERMONT, since we saw the unsolicited comment in S.Sabir's messages to the ICU MDs about having “the disgraceful chore of sending” them so many “drunken citizens”, eliminating any chance of decently believing that they, S.Sabir as well as the ICU medical staff, had even fairly rigorously trustworthy ideas in their handling of my son's needs. And undoubtedly cheating any others from our area of their right to unprejudiced decent Hippocratic-oathbased medical care.



v. the second defendant, David C Beck, MD, Mercy Clermont Hospital, Intensive Care Unit, and their ICU medical staff members..

In contrast, in the beginning days in the ICU, we struggled alongside him, night and day, in the ICU to get him through this nightmare far enough to have his vital signs stable so we could get rid of that horrible tube and its forced-march ventilator. But his bloodwork, which we were only remotely aware of at that point, was not favorable, yet the nurses struggled along with us as well. In spite of overwhelming fear, in spite of visible horrible damage that coding-resuscitation had inflicted, none of which should ever have `happened.

My son had no liver ascites nor any kidney problems before the Emergency Room administered morally inappropriate treatments, without our consent and then presented the resulting damage as requiring THEIR further damaging BARBARIC choices without leaving any other choices of alternatives -- which alternatives we now know to have been available SOMEPLACES, even one at Mercy Clermont -- and demanding consent under insupportable time pressure. Sepsis may cause liver, kidney and heart damage, BUT NOT in 30 minutes -- going from NONE when we brought him in, to massively bloated belly and full body swelling in that half hour. He was slender naturally. That CODING WOULD NEVER HAVE HAPPENED IF ANY OF THOSE ALTERNATIVE OXYGEN THERAPEUTICS HAD BEEN OFFERED – AS THEY SHOULD HAVE BEEN OFFERED IMMEDIATELY FOR A PERSON WITH ACUTE RESPIRATORY DISTRESS, THE MOMENT THEY CALLED FOR HELP. And we shall supply the research articles documenting hyperbaric oxygen treatment, without antibiotics, in sepsis clinical practice.

Then -- as my son's vital signs on the ICU monitors began to reliably stabilize -- the INTENSIVIST D BECK, MD used threats of denying our valid access to caring for my son's further needs -- of crucial liver healing and organ support -- to prevent any further use by us of our nutritional therapies after Beck found out that we had applied Cod Liver Oil to my son's skin and eyes on the 12th of May WHICH DATE IS THE PRECISE BEGINNING OF THE MULTI-DAY TEMPORARY REPRIEVE IN THE LETHAL PROGRESSION IN MY SON'S POST-CODE FAILING LIVER BLOOD-VALUES. The code-induced frightening progression was stopped cold for several days after the 12th of May.

As for the ascertainment of valid or invalid possible probate-related expenses in this ICU part of the nightmare, we should point out that THIS DEATH WOULD NOT HAVE HAPPENED IF THE HOSPITAL'S INTENSIVIST -- namely DAVID C BECK, MD -- HAD NOT DENIED MY SON THE RIGHT TO HEALING TREATMENT FOR THE SEVERE DAMAGE TO HIS LIVER, WHICH DAMAGE WAS CAUSED DURING THE CODE EVENT WHILE INTRANSIT TO THE HOSPITAL AND IN THE ICU, WHICH CODE EVENTS OCCURRED AFTER MORALLY IMPROPER AND UNAUTHORIZED TREATMENT AT THE EMERGENCY ROOM IN MOUNT ORAB AT THE HANDS OF THE FIRST DEFENDENT, S SABIR MD.

Beck's medically imposed denial of any further benefiting treatment for my son was in spite of Beck's own admission IN FRONT OF A WITNESS that he could not offer any other explanation of the turnaround NOR could he offer any non-nutritional medical treatment of the hospital's own INSTEAD to prolong, or support, the improvement my son was exhibiting -- something satisfactory to his vaunted intensivist ICU protocols. Beck was denying my son the chance, we had stumbled on with cod-liver oil for his eye inflammation, which cod liver oil turned out to relieve the liver damage progression – a chance to return to a healthy life, a chance to turn the liver and kidney damage seen in the bloodvalues around. Denying him his cure chance. When a nutrient is vitally needed by a body, the body's response to even small quantities is very dramatic as those knowledgeable in nutritional medicine will testify. MDs are recognized to be severely less than knowledgeable in nutritional medicine. BUT DENYING MORE OF WHAT WAS LIKELY THE SOURCE OF THIS MIRACLE TURNARAOUND, IS INHUMANE, UNETHICAL AND IMMORAL AND PROFESSIONALLY INSUPPORTABLE IN ANY PUBLIC TRUST CONTRACT.

Nor were these the only nutritional therapies that we were denied, by other MDs in the ICU.

What exactly do you call it when the authority in a situation does refuse to supply, does prevent or otherwise destroy a patient's chances to survive life-threatening conditions? Is that not murder? And meanwhile garners for him/herself their income and egotistic control of resources.

Cod liver oil has a long history of reducing the mortality rates in hospitals. Human milk, which is known to prevent pneumonia -- my son's initial problem -- from a Human Milk Bank at the nearest hospital banking facility (probably Columbus in my son's case) is authorized in Neo-natal ICUs in someplaces. Even unpasteurized milk was known as far back as the turn of the last century to prevent scurvy and protect against pneumonia and related respiratory complications. Carotene is a known liver supporting nutrient as well, that could be incorporated into stomach-feeding residuals-testing and the related fluid administration, all compatible with usual protocol practices of incorporating medical-syruplike-substances and crushed/dissolved medicinal tablets into protocol stomach feeding. There are also medically useful treatments for bedsores and skin damages that would have been more effective than what we saw, which -- although they were not the crucial idea -- merely accentuate the disregard for patient wellbeing that we saw multiplying. In contrast the prescribing of questionable medications was a constant source of research needed and did produce several instances of medications that were inappropriate for my son's now complicated liver heart and kidney case, which we shall go into when needed.

All such crucial nutritional medicine was outlawed BY BECK AND THE ICU MEDICAL TEAM in Mercy's Clermont ICU. By comparison, nutritional and other alternatives are available at hospitals such as Bethesda North, which we would have preferred since my son's older cousin is on staff there.

At the time of Beck's threats, denial of care, and violation of oaths, we had already presented nutritional medicine ideas to each and every other MD on my son's case who had entered his room and we had been turned down, snubbed or ignored. Hence we patently required a chance to escape to a facility that valued nutrient, humane therapy, which we had ascertained would be possible if my son was off the ventilator and was able and willing to handle conscious action-on-command -- the on-command part was especially troublesome since it really meant 'whenever it suited the controlling MD forces' not when it was appropriate for normal functioning. We worked feverishly to find and arrange this change of location (which we succeeded in identifying and nearly arranging as soon as we could get him through the surgery and breathing practice, which he aced, as a matter of fact, immediately raising questions about whether he needed that tracheostomy tube AT ALL as the MDs insisted was needed), as well as working feverishly to protect him from other "miscalculations" by the MDs, such as inappropriate drugs and treatments in the ICU protocols, some of which we shall be describing later and of which "miscalculations" we missed one, or maybe another.

Without such on-going supportive treatment with other related nutritional therapies for his other problems after coding, we realized that the only way to save my son's life was the completion of my son's transfer to another facility to get such life-necessary treatment, and that saving chance was snatched from my son's and my hands by another MD – Bhaskar with his medical 'miscalculations', incompetence, greed and medical hubrism, and maybe professional aggravating pique over being questioned.



v. the third defendant, A X Bhaskar, MD, Mercy Clermont Hospital

We almost succeeded in escaping except for that Bhaskar MD demonstration of greed and incompetence. THIS WRONGFUL DEATH WAS IMPOSED BACK ON US -- in spite of our near escape possibility -- BY THE GREED, INCOMPETENCE OR WORSE OF A X BHASKAR, MD, WHO CHOSE HIS OWN FINANCIAL AND EGO BENEFIT INSPITE OF PATIENT RISK THAT HE WAS CLEARLY AWARE OF, IN HIS DECISIONS TO PROCEED WITH THE GI-TUBE INSERTION AS WELL AS HIS LATER WRONGFUL COVER-UP PRESCRIBING ACTIVITIES. We had agreed to combining Bhaskar's stomach-tube insertion with the tracheostomy IF it was doable -- in spite of the swollen stomach/liver area and without increasing the anesthesia needed -- so as to get the primary goal of getting the horribly tormenting, choking mouth-windpipe intubation ended and improve progress to freedom from the ventilator and from the ICU.

Should you think that Bhaskar was acting in the best interest of the patient or should you think that this was not a matter of greed at the expense of patient safety and wellbeing, we will point out that this same MD revealed his real guiltiness when he insisted that the ultrasound tech group was not to attempt to remove the fluids from my son's liver-ascites bloated belly in their attempt to reduce his liver's straining under that stressful swelling. Someone had scheduled this fluid removal which the tech group was to accomplish USING THEIR ULTRASOUND GUIDED NEEDLE, which Bhaskar was then openly countermanding when Bhaskar stated that the swelling was too dangerous to disturb with their needle WITHOUT SERIOUSLY RISKING CAUSING INTERNAL BLEEDING. Compare that ultrasound guided needle with the size of the hole needed for Bhaskar's gastric tube for feeding -- using as your basis for comparison: the size and disruptive activity; size was the basis that he used to disallow the ascites treatment but to finally allow the ultrasound group to do a fluid-biopsy, which they'd already done once before. On that earlier ordered biopsy occasion, the tech group had also been convinced to back away from doing the fluid relief because the belly looked too swollen to 'someone' -- we were not told whom -- which was why we had asked about the advisability of doing the gastric tube, though there was the opportunity to combine these procedures and eliminate another anesthesia event later. Bhaskar knew what risk he was inflicting on my son and proceeded in spite of the requirements we had stipulated to nurse Donna and to everyone we had consulted. Unfortunately we did not hear his guilty instructions to the tech group until after his own damage had been done in the Operating Room. Either Donna did not relay these conditions, considering her role to be merely "placating ignorant anxious patients and family members" and of no importance to hospital functions, ignoring patient rights and potential wellbeing, or Bhaskar ignored the ascites concern -- as well as the patient's visually detectable condition and hospital data -- in favor of his own transcript of difficult success stories that the staff would eventually know about as they saw the patient history with the incredible coding damage.

Nor was he around for consulting directly until the consequences of his evil damage had appeared in the form of internal bleeding. Nor did he seem to consult with colleagues when he prescribed drugs because it was one of his drugs -- Octreotide -- that we had originally questioned earlier since the PDR and other sources showed no relevance to my son's condition and the PDR suggested that Octreotide's administration should require caution in cases involving liver and kidney problems -- which is exactly what my son was dangerously suffering from after the code event and why we had blocked that prescription the first time -- yet no one was able to determine who had prescribed that drug until Hariharan, MD and physician co-ordinator, did some time-consuming process of elimination of other MDs. Yet no one of them at that time could say why that drug had been prescribed or what it might contribute to their own prescribing. Contributing to a now apparent huge hole in communication and revealing a lack of respectful use of the hospital's computers' system by Bhaskar and others for comprehensive patient records to co-ordinate patient wellbeing concerns.

As for computer integrity on the billing side, there's also the fact that the ultrasound group has tried to bill for fluid removal, twice no less, when that process was never allowed to proceed and it would be interesting to know who was ordering this procedure in the first place, not to mention whose countermanding order was being followed instead when there was conflict. Who had responsibility for this area of my son's care, anyway!

Bhaskar and Donna were not done yet in this deadly record. On the last day at the hospital, when we discovered that my son's internal bleeding -- which seemed to maybe have ceased since there was no more evidence in his stomach where it had shown up originally, nor in the diarrhea output -- had maybe reduced his hemoglobin test results to relatively dangerous levels almost down to 5! when it should have normally been considerably higher by a factor of about 3. So we asked whether they could give my son a pint of red blood cells to boost that hemoglobin level back up to at least 7 where we had seen another member of the family have problems below that 7 level, which had been corrected by administration of a pint of red blood cells. Bhaskar calmly rejected the request, then reconsidered and added an extremely puzzling requirement, namely fresh-frozen plasma which complicated the patently needed/wanted higher concentration of the red blood cells since this plasma would have diluted the red blood input instead by any method of real calculating. At those dangerously low levels the brain does not get enough oxygen to remain coherent reliably and this was a requirement for us to be able to escape so it was crucial not only for the immediate moment, but for the ultimate transfer to freedom – the freedom to have nutritional support that would cure my son's vital organ problems without compromising his wellbeing with undesirable side effects. What was that plasma for! We must wonder. The amount of bloodloss -- visually confined to his stomach and then through to his diarrhea -- was not that extreme as in most surgeries nor severe accidents. So A WHOLE TWO UNITS OF PLASMA WAS OUT OF PROPORTION TO THE BLOOD LOSS -- ESPECIALLY WITH ALL THE IV FLUIDS -- AND ON TOP OF NOW TWO, NOT JUST ONE, UNIT OF RED BLOOD CELLS. A DANGEROUS FLUIDS VIOLATION ACCORDING TO MY SOURCES NOW ACCESSIBLE TO ME.

BUT THIS WAS NOT THE ONLY COMPLICATION THAT BHASKAR WAS PERPETRATING. He was simultaneously again prescribing Octreotide, which he now claimed to justify and explain as being needed to reduce the "blood pressure" to my son's liver area, which reduction of pressure Bhaskar was claiming would be needed to safeguard the potentially forming clotting wherever the bleeding had occurred. Bhaskar's claimed justification for Octreotide when I questioned him in front of Donna, is therefore now getting to be tangled up in the earlier complicated prescribing of the plasma because plasma is a VOLUME EXPANDING component of the circulatory system protocols. Which all seems to be conflicting. Adding volume raises the blood pressure throughout the body, so why was he prescribing these complicated tangles of ideas. Were his own ideas so messed up and resulting in incompetence or was it to cover his pride at having the earlier Octreotide prescribing questioned, possibly, or worse? We do not understand how anyone can ever believe that this MD has any sensitivity to my son's wellbeing. That conflicting tangle makes two strong reasons for NOT prescribing that plasma and raises the question of just how complicated was this Octreotide in altering the patient's blood pressure, which drug was already warned about in the PDR in our earlier rejection of this drug as being questionable in cases of liver and kidney problems, both vitally endangered in my son's case. There are other drugs that we had read about where a 'side effect' was that the drug's activity was sometimes unexpectedly enhanced in some patients and was not as controlled and confined to the intended off-label usage, maybe this sort of problem was also in the conflicted prescribing, which is not known at this point, if ever. IN ANY CASE, OTHER HOSPITALS AND DOCTORS DO NOT AGREE WITH THE OCTREOTIDE EXPLANATION THAT BHASKAR GAVE TO US, AND MAKES HIS WHOLE THINKING PROCESS QUESTIONABLE IN THE EXTREME. We won't know until we get to trial but the conflict does not make sense otherwise in any justifiable way of thinking than to support the 'miscalculation' theory -- at best. A horrible consequence that my son's life depended on not being so mis-treated. We were so close to our timetable for escaping these terrors. Just a few more days in the ICU.

In the execution of this faulty prescribing there was no caution and instead there came an unreliable nursing care situation, unlike the nursing care we had mostly seen and on which we depended, frequently relying on our nurses' creativity in material's handling and information support and attentive management of the day's orders and in patient observation and caring. Information and materials were crucial as support for even our own work for my son's recovery, not to mention the friendly co-ordination of projects that we could help with, since we were not in the loop for normal data that was the basis "supposedly" for decisions being prescribed for, nor did we have the background in what resources they had at their disposal in developing circumstances. The frozen plasma was slow to arrive and defrost, so the NEEDED hemoglobin -- for brain co-ordinated functions -- was HELD BACK until the plasma was through its lengthy defrosting process. Hemoglobin CAN be given without the plasma complication in other hospital situations, as we have found out. FOR WHAT REASON WAS THE HEMOGLOBIN DENIED TIL LATE IN THE DAY, other than for the reason that the nurse in charge, Donna, was too busy with a less than impressive STUDENT nurse in training. How can such a crucial area like an ICU be used as a playground for teachiness! This student individual was going to use tap water in the hydration step of the residuals testing until we intervened. We could not believe what we were seeing. Every other nurse was using sterile water, carefully measuring it. And that was not the only time we were shocked at the incompetent use of that student in an ICU setting. Furthermore, after following Bhaskar through his operations, Donna never did come back that entire morning, not even once for the entire half of that Sunday, except for the one episode where I had been concerned about the difficult struggling that my son had been having that morning with some noisiness in his breathing which didnot seem to be of any concern to the tech that morning so I had begun to pester Donna for some assistance with this concern which was noticeably becoming an annoyance to my son. This whole breathing situation had become tenuously stressful since the MD had decided that the internal bleeding was cause to set my son's breathing progress back to the machine breathing, in spite of the fact that my son had been doing quite well on his own for the whole day and a half or so, in fact my son was much more at ease on his own. Now this setback was depressing and I wanted to reassure my son that things were ok and he'd be free of these troubles. When that student nurse came in, instead of Donna, she produced a different device, a long slender plastic wire that she was intent on inserting into my son's breathing tube with her own expectation of irritating his lung tissues to make him cough so that suctioning would capture something from the tube. But that wire was entirely too long in the way that she was preparing to use it so I was insisting that she reconsider the length to be used. Donna entered and I was explaining the limits that the technician's used for their coughing-suctioning effort, guaranteeing that it was instantly clear that the student nurse was about to do damage to my son's lung tissue. Donna immediately did agree and did demonstrate her own rough method – in no way related to the tubing limits -- that she claimed she had told the student, yet the effect seemed self-shielding and not at all satisfactory so I was on the verge of denying all of them this procedure because it wasn't solving the secretion-breathing problem. It was as if staffing was not really focused on caregiving only on their own agendas. Donna had sat at the far end of the nursing desk area, near the entrance, far out of reach of personal consulting and was endlessly commenting with everyone out on the floor at that end.

As the liver damage and ascites and lack of hemodialysis were taking their toll, and the lack of hemoglobin, and the lack of nutrition since they had not restarted my son's feeding even though there was no sign of bleeding any more and he was in need of supportive nutrients for his body to cope with his body's severe needs and these medical iatrogenic -- doctor caused -- problems, as well as it being the long weekend gap in the dialysis schedule for kidney processes, adding more kidney stress and toxic fluids on my son's beleaguered liver and circulatory system, we worried but we would otherwise have been able to discuss those private worries -- in the usual order of ICU operations -- with the nurse in charge -- supposedly Donna -- of my son's attentive care in his room. But not that Sunday, not these nurses, so I worried.

In particular, there was some uncharacteristic decreasing in my son's blood pressure, which I worried about as being related to the removal of a particular medication that Donna had removed the day before. We had questioned why it was still on his chart to be given for the evening nurse, and Donna had said that that drug had only been a cautionary drug for the dialysis treatments, which my son had not seemed to be needing for those treatments either, even during the dialysis nurse's fluid level adjusting at the end of each blood cleaning treatment. So she hadn't given it to him since the day before our conversation, or so she said. So we did not even want it that night because unnecessary drugs only add to the burden on the code damaged, wekend stressed kidneys, liver and cardiovascular functioning, but when these tangles began to develop the next morning, we had acknowledged its desirability for that day and thought it should be given, but they said it needed to be given with his food via the stomach tube. But no one was there to worry about stomach feeding as I had requested it and as the other nurses had continuously evaluated nutritional needs and done in the past several days. Leaving me to wonder why my son was not being attended like usual but there was no one on that empty Sunday to work on these tangles. The usual nurses seemed very good at reasoning through the day's puzzles, like the other nurses without the teachiness diversion and puffery, as well as the other ICU technicians that worked so well with my son previously.

By comparison, the night before, the nurses -- with Karen's inspiration and guidance -- had used the vacuum capability of the wall unit to quickly clean up the majority of the diarrhea in my son's bedding which allowed them to completely reduce to a minimum the disturbing of my son's hoped-for-healing midsection, which disruptiveness usually is inherent in the normal bed cleanup and was a concern to be minimized by the best nurses. These vacuum units measured volumes and would have been even better than the usual disposal of the diarrhea because the measurement ability for the cleaned-up diarrhea would have enabled the straightforward balancing calculation to determine how much blood loss was not accounted for in normal fluid-only patient-handling calculations that was all that could be done otherwise -- being then able to be demonstrating the absence or presence of missing bleeding -- by balancing inputs against outputs since the diarrhea measurement would allow monitoring of both fluids and solids, inputs (including foods) and outputs (including diarrhea). It was a truly ingenious use of resources by Karen who was adamantly working to minimize disturbing my son's healing including for bed cleaning and certainly contributed materially to the absence of his bleeding by morning.

But the day nurse, namely Donna and the impossibly inept student -- when they finally showed up later because I was complaining about my son's need for diarrhea cleanup -- were stumbling around trying to figure out what to do. Meanwhile they had already disturbed his vital signs by lowering the bed, which disturbance had consistently been observed by other nurses as being the result of that process of lowering the bed -- Rachel, Ashley and Karen had all done EXCELLENT JOBS WITH THEIR HANDLING OF THIS SITUATION ON EARLIER DAYS' OCCASIONS, yet Donna and the 'student' dawdled and openly were extremely reluctant to try to do this simple but effective method of cleaning, stumbling through the list of their own concocted possible steps to achieve the clean up. As this frustrating and alarming demonstration of incompetence is going on, leaving my son still laying in the diarrhea with its discomfort and skin damage, and the vital sign discomfort of being flat -- because a decent amount of bed slope was vital to keeping the mucous drainage to be comfortably angled for entering the esophagus to go to the stomach instead of the danger of passing too close to the windpipe and risking hospital-acquired pneumonia -- making my son anxious and worried, the blood arrives as well as the plasma and they see that my son's blood pressure, heart rate and respiration are showing signs of being in trouble. So questionably they decided to reserve their own possible lethal role in his tragically fatal damaging by beginning to rush the administration of these blood products, even the excessive plasma, which did nothing to solve the blood pressure problem, so Donna decided to rush it even faster, incomprehensibly. Instead of being a help the whole affair became hideously out of control. I wanted to try to relieve my son's distress in the usual way of raising the head of his bed up ignoring the not-done cleanup, but Donna was snapping and yelling that we needed to be lowering his head even further, which only made this even more disruptive of his midsection and his face was becoming swollen and alarmingly reddish and his vital signs continued to spiral toward trouble, terrifyingly. The idea of FLUID OVERLOAD, and harsh inexplainable and unjustifiable rushing of that abnormal fluid quantity -- in the absence of that size blood loss in the previous past bleeding and with no detectable blood loss in progress to justify that acceleration -- was never considered by these supposedly competent nurses with the miscalculated prescribing and likely inattention-guilt leading to panic driven overloading of his vital organs, including his heart damaged by the code events that never should have happened. That overload was on top of the accumulating fluids already overloading his cardiovascular system -- sometimes the dialysis nurse removes as much as 3 pints or so of excess fluid loading -- because dialysis had not been done within the normal weekday prescribed 2 days interval because it was a weekend Sunday, by then, ignoring the fact that a weekend with its long gap in attention to kidney needs is not very decently smart enough for normal body functioning. The body would control the influx of fluids to the cardiovascular system if/when they were administered naturally through digestive intake, but such rapid double overloading through the unnatural IV route is a hazard to be avoided by careful responsibility of someone attentive to the day's orders, and probably WOULD HAVE BEEN REJECTED INSTEAD IF ANY NURSE IN CHARGE HAD APPLIED HERSELF TO HER REASONED CARE GIVING. How can you believe this sort of performance was consistent with any sense of observant and caring administration of needed help for a patient. It was just hideous and terrifying -- even to witness -- and I was not the one being put through this misery nor was I the one suffering through this nightmare. HOW MANY INSULTS TO HIS VITAL ORGANS MUST ONE PATIENT HAVE TO ENDURE BEFORE THAT PATIENT'S BODY CAN STAND NO MORE! We lost him and he will never pay your bills, nor those of your collaborators, nor will we. Nor do you or they have any right to expect payment, as you will find if you check the law in the Ohio Revised Code. Specifically, the code says that "if anyone committed a wrongful act against the decedent that caused injury to the decedent or led to his death, then regardless of whether that person is convicted", I am allowed -- as Personal Representative -- to consider it my duty to sue that person for a "wrongful death" on behalf of the beneficiaries of the decedent's estate. Nor do you have any right to escape our billing claims, nor have you any right to our respect as competent care giving people, and we will not be capitulating to any pressures to respond to your wrongful attempt to claim profit from my son's death because you have been engaged in wrongfully denying needed treatment and even mis-treating my son, denying him therapies and recklessly pursuing your own income opportunities at his risk in this patently consequential damaging and injury to the decedent. Hence you shall not be compensated at all, so it will not be to your advantage -- whether it was because you were the MD who immorally mishandled the ER diagnostics sought, the ambulance crew that failed to give him the needed treatment and service to relieve the acute respiratory distress that would have avoided barbaric intubation with consequential code events with the hideous damaging to his body, or the MD who denied my son the cod liver oil and the topical and nutritional support that he needed to reduce the code events' consequential damaging with its obvious ascites, or the MDs who rejected the nutritional support he needed for his kidneys and other herbal treatments that would have relieved the accrual of toxins between dialysis treatments reducing the fluid overload of toxins, or the MD and patient-neglecting teaching-nurse who made other extremely unbelievably incompetent 'mis-calculations' of the damaging prescribing for her own ego, and incompetent care giving to cause the septic shock that results from excessive fluid overloading. THIS IS CLEARLY A CASE OF WRONGFUL DEATH.

It will never bring him back nor will any other counter-damaging-justice ideas but you must be held accountable in this courtroom. And things must be brought to the point of being prepared to change away from these nightmares and to save our loved ones, for my son's peace of mind. You have unalterably denied our family the potential of his working with us on our dreams and denied us the the comforting existence of the family he would have fathered and supported, and further deprived us of his physically supportive person in our lives. We shall not rest until this is resolved for my son's peace of mind. And so we shall pursue appropriate measures to enviably deny you your respected confirmation of decent service by denying you your payment should you, or your collaborators who assisted your wrongfulness, pursue it because your service was wrongfilled and not decently respectable professionally. And the court will be offered the opportunity to decide your accountability for the losses you inflicted on his mother and his sister.