Lawyer: Nurse Assistant Denied Care After Patient Attack Leaves Her in Vegetative State

[WriteDown]

Source: AP

LOS ANGELES — Amelia Mendoza's last words to her husband were that she was afraid she would be fired for reporting that she had been assaulted at her hospital nursing job.

Moments later, she had a massive hemorrhagic stroke that has left her in a vegetative state and in a health care limbo because of a dispute over her coverage.

Ralph Mendoza on Tuesday recalled his final discussion with his wife, saying he now provides 24-hour care, crushing medicine to put into his wife's tube feedings, bathing her twice a day, combing her hair and cleaning the tubes that help perform her bodily functions.

"I'm exhausted, but I love her and I have to do everything I can — for better or for worse, that's why we got married," he said, his voice trembling. "I cannot fail."

Amelia Mendoza, 52, was struck in the face, head and neck by a violent patient while working as a certified nurse assistant at Huntington Memorial Hospital in Pasadena, attorney Russell Glauber said. She is not expected to recover from her April 20 collapse.

Claims for her care have been denied by her insurer, Blue Cross, and by workers' compensation, Glauber said. He is appealing Mendoza's workers compensation denial and calling on the state board to expedite its response....

Read more: http://www.foxnews.com/story/0,2933,568822,00.html

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Sounds like a pretty clear workers comp case.

[Judi Lynn]

1. Hideous realizing her employer is willing to allow this matter to slide.

She should not have been sent alone to deal with a violent person clearly capable of destroying her.

How can they not feel involved in this?

Jesus.

[WriteDown]

2. And its a non-profit...

http://en.wikipedia.org/wiki/Huntington_Hospital

[mimitabby]

3. um, aren't we boycotting fox?

It's a good story; why do we have to link it to fox news if it's on AP?

[WriteDown]

4. Came through on RSS feed...

Fox has the best "human interest" stories IMHO. As long as its not an opinion piece, I could care less.

[AlphaCentauri]

5. A shame that the health care industry that she worked for won't take care of her

and her family.

http://www.latimes.com/news/local/la-me-workers-comp-21-2009oct21,0,7292970.story

[Bette Noir]

6. People don't realize how dangerous the nursing profession is.

As a CNA, Mendoza was probably making only slightly more than minimum wage.

And people wonder why there's a shortage.

[Ruby the Liberal]

7. I am by no means defending this, but people - you have GOT to report this stuff to your employer

I appreciate fear of repercussion, but you have to file a report if something happens to you while on the job. That at least gives you legal standing to fight it.

/PSA

[LisaL]

8. She reported it.

[Ruby the Liberal]

9. Then I misunderstood the story.

I was under the impression that she never told her employer about the attack?

[LisaL]

10. I understand the article is that she reported being attacked

not just on one, but on two occasions. Her employer seems to be saying that her stroke is unrelated to these attacks.

[Ruby the Liberal]

11. Denying her care is inexcusable regardless, but that is just beyonf the pale

of salt in the wound.

If she has record of the attack(s) being reported, they need an employment attorney ASAP.

[RobinA]

12. I'm Missing

where she was denied care any differently than anybody else is when this kind of tragedy happens. Fights between workers comp and the primary health insurer are common. They will sue each other and fight it out in court or settle. No matter who ultimately pays, no one is going to help hubby crush pills. He's on his own like many, many other people with this kind of medical situation. Sad, but true.

[mbperrin]

13. Precisely why the health insurance industry needs to be eliminated

and single payer instituted. Nothing else provides universal healthCARE.

[Iowa]

14. It depends...

The workers comp system in Iowa sucks so badly that some might be better off NOT reporting it and letting their health insurance cover the medical bills, especially if they have no cap on coverage. Workman's Comp carriers are often shitty insurance companies loaded with people whose job it is to dump legit claims, and the Iowa Industrial Commissioner's office is weak (as are the Iowa laws), so there's not much protection. The carriers usually get off paying squat. This can leave the injured worker to shoulder the excess costs when the paltry sum they settled for runs out.

I've known people who ended up totally screwed and who would have been better off not reporting and keeping the injury under Blue-Cross/Blue-Shield. The settlement for the injury is usually a pathetically small amount (typically less than past and future medical expenses). If it's all you've got, sure, report it... but many folks have other options that might be better long term. Sometimes FAR better. Sometimes there's more downside than upside. It's a very complex system that is designed by and for employers.

The system varies tremendously by state.