Patient Dies Waiting in ER; Nurses Blamed for Negligence, Lawsuit Says
A wrongful death lawsuit heading to trial next year spotlights alleged critical failures in emergency nursing care that led to a patient's death at Kaweah Health Medical Center in 2023. The case, scheduled for February 6, 2026, in Tulare County Superior Court before Judge David C. Mathias, centers on the death of Erick Burger Sr., who arrived at the emergency department via ambulance in severe distress due to a malfunctioning pacemaker.
According to state investigation findings cited in the lawsuit, two emergency department nurses failed to provide immediate care to Burger, who was left unattended in the hallway despite his critical condition. The California Department of Public Health's investigation revealed that ambulance crew requests for top-level emergency response were disregarded, and the patient died within minutes of arrival before staff could successfully resuscitate him.
"The nurses who should have taken immediate charge of the patient when he arrived at the Kaweah Health ED instead ignored the man as he gasped for breath in their presence," the lawsuit states, reflecting findings from the state investigation.
The lawsuit details a series of alleged protocol violations that directly contributed to Burger's death. Upon arrival at the emergency department, the nurse who received the patient reportedly questioned the ambulance crew's request for immediate intervention and insisted on registration procedures instead of providing immediate clinical assessment. During this delay, Burger experienced a seizure followed by cardiac arrest.
The family's legal filing claims the hospital staff "carelessly and negligently and untimely instructed, evaluated, examined, diagnosed, prescribed for, cared for and treated" Burger. Critical failures included not assembling an evaluation team despite paramedics' explicit requests, ignoring the activation of Burger's implanted arterial fibrillation device during transport, and failing to initiate pre-arrival admission procedures that are standard for critical cases.
Kaweah Delta Health Care District has denied all allegations in court filings and declined public comment due to the ongoing litigation. The hospital's defense team will present their evidence during the ten-day trial scheduled for early 2026.
The outcome of this case will likely influence emergency department policies and training programs focused on initial patient assessment and response procedures.
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