HOUSTON -- A family in pain over the loss of their loved one said she didn't have to die, the Local 2 Troubleshooters reported in an exclusive story Wednesday.

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Lawsuit Alleges Nurse Didn't Render Aid

Penny McCoy died of a heart condition at Memorial Hermann Southeast Hospital, but her family said it was what an emergency room nurse didn't do that cost the woman her life.

Henry McCoy is a soft-spoken man who still has trouble talking about the death of his wife, Penny.

"She was a great person. She was always there for me and my kids. She was a real friendly person," McCoy said.

In October 2001, McCoy brought his wife to the hospital's emergency room. She had a lengthy history of heart problems and was having trouble breathing that night.

McCoy used a rough sketch of the hospitals lobby to show Local 2 what happened when he came into the emergency room. McCoy said the first office was empty and that the triage nurse was with another patient, so he went into the second office.

"I constantly asked for a nurse. I pleaded with them to get us a nurse out there. Get us a doctor," McCoy said.

But, McCoy said it took several minutes before the triage nurse finally saw his wife. By that time she had passed out and was foaming at the mouth. A lack of oxygen caused severe brain damage and she died 18 days later.

"She did everything she was supposed to and the hospital failed to act," David Hodges, the family's attorney, told Local 2.

McCoy said this wasn't just a case of his wife coming during a time the Emergency Room was swamped with patients. He claims that if the triage nurse had seen his wife sooner she wouldn't have died.

"Looking at the sheets of the people who were in the emergency room at the time. There's no evidence that there was someone there who was more critical," Hodges said.

Judith Leal, who worked in the business office and was the first person in the ER to see McCoy, testified she twice told the triage nurse about McCoy. The second time was after she had already passed out and was foaming at the mouth.

During a recent deposition, Leal explained what happened.

Hodges: "Did you go back into triage and tell Chris the patient is foaming at the mouth?" Leal: "Yes." Hodges: "You did?" Leal: "Yes." Hodges: "And what was her response?" Leal: "I'll be there in a minute."

Sandy Bradford, who was also working in the business office, explained what she saw that night.

Hodges: "Were you able to hear what she said to Chris?" Bradford: "She said this lady needs help, this lady can't breathe, something to that effect. I remember her saying that." Hodges: "What did Chris say in response?" Bradford: "I have a patient. I have a patient. I'll be there in a minute."

Chris Stone, the triage nurse working when McCoy brought his wife to the hospital, said she doesn't remember the McCoys.

Hodges: "Do you remember this incident?" Stone: "No." Hodges:: "So, I take it you don't remember my clients?" Stone: "No, I don't."

McCoy's daughter, Natalie, said she has trouble understanding Stone's answer.

"I just want somebody to do their job right," Natalie McCoy said.

When the Local 2 Troubleshooters talked with officials at Memorial Hermann Southeast Hospital about the incident, Local 2 was sent the following statement:

"Memorial Hermann understands it's always sad to a lose a loved one. Medical personnel follow specific triage protocols in making appropriate decisions. We believe the facts presented by medical experts will reveal that medical personnel acted appropriately. Furthermore, the triage nurse in this case is an excellent caregiver with many years of experience in the emergency department and superior reviews by her supervisors."

The McCoys are suing Memorial Hermann Southeast Hospital. They are set to go to trial in July.