A negligence lawsuit against the Veterans’ Administration at the Des Moines veterans hospital has been filed after an Army veteran, Michael Deal, died. His death occurred after a problematic nurse deliberately turned off alarms that monitor the patients’ conditions.

Deal passed away in March 2013 only a day after going to the veterans hospital for a diabetes related foot infection. His blood-oxygen levels began to drop for three hours undetected.

The family of the veteran did not know of the medical malpractice until it was admitted by the nurse at a hearing for his unemployment several months after the death. A respiratory therapist provided evidence at the hearing which showed that the patient could have been saved if an alarm had alerted the veterans hospital staff.

The nurse, Bernard Nesbit, claimed that the alarms would always ring even when the patients did not need help, which is why he had them turned off. Prior to this event, Nesbit was on a “last chance agreement” for past disciplinary actions. The nurse’s employment has since then been terminated by the Veterans Administration.

This lawsuit is also claiming monetary damages to cover the expenses of Deal’s funeral and burial. The attorney, Brian Galligan, who is representing the family is confident that this is a convincing case if it goes to trial. Galligan stated, “I think the government is in the wrong here, not only in the conduct of the nurse but in their supervision of this nurse and retention of this nurse.”

The Archuleta Law Firm handles injury, death, and veterans medical malpractice claims under the Federal Tort Claims Act. We handle claims in all 50 States and Worldwide. Our focus is helping Veterans, and the families of Veterans and Military Service Members in their claims involving Veterans Hospitals, Doctors and Clinics and Military Hospitals, Doctors and Clinics. We handle claims involving the Department of Veterans Affairs, the U.S. Army, the U.S. Navy, and the U.S. Air Force.

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