Wife of dementia patient who wandered from hospital in winter receives $900,000 settlement

Nov. 28—The wife of an elderly Cuban immigrant with dementia who nearly froze to death after wandering away unnoticed from University of New Mexico Hospital in the dead of winter two years ago has received a $900,000 settlement from the state to resolve a medical malpractice complaint.

"In this case, Defendant UNMH completely and utterly failed to prevent Felix Bautista Soto Ramirez ... from eloping from its hospital," the complaint states.

The hospital didn't discover Ramirez, now 82, was missing until an hour and a half after he had left the facility, according to the complaint.

"As a result, Mr. Ramirez nearly froze to death in the middle of the night on the streets of Albuquerque," the complaint states. "EMS found him the next day covered in ice with a body temperature that was a shocking 77 [degrees] Fahrenheit."

A spokesman for University of Mexico Health and Health Sciences said Monday he was unable to discuss the case.

"While UNM Hospital is not permitted to comment on the specific facts surrounding this patient due to state and federal health privacy laws, UNM Hospital strives to provide safe and high-quality health care to all of its patients," Chris Ramirez wrote in an email.

According to the complaint, Rosa Lucrecia Bonet had her husband taken to UNMH by ambulance Jan. 25, 2021, because he had hyperglycemia and was confused. When he arrived at the hospital, Ramirez displayed signs of dementia, including not knowing the year or why he was in the hospital, the complaint states.

"He reported that he wanted to see his wife, but she could not come to the hospital due to COVID restrictions," the complaint states. "They called her on speaker phone so that she could reassure him."

After speaking with Felix Ramirez and his wife, the hospital noted the man's history was "concerning for dementia with overlying delirium."

"They planned to keep him overnight to do a lab workup and a head CT 'to eval for intracranial causes of dementia and confusion,' " the complaint states.

After performing a safety check around 3 p.m., nursing staff members observed Ramirez's bed and chair alarm were set. The same observation was not made again two hours later, around 5 p.m., the complaint states.

Between 6 p.m. and 7 p.m., Ramirez was taken for a CT scan, which he received just before 7 p.m.

"At around the same time, there was a shift change," the complaint states. "During the same time, Mr. Ramirez disappeared without a trace. Despite his high risk of elopement, and despite the fact that the hospital was essentially on lockdown during COVID, Mr. Ramirez was permitted to walk out of the hospital."

After Ramirez was discovered missing, the hospital initiated search efforts, "but by that point it was too late," the complaint states.

Ramirez was found the next morning unresponsive and covered in ice, according to the complaint, which doesn't identify the location or who found him.

"The severe stress on his body caused him to go into [ventricular fibrillation]," the complaint states. "He was resuscitated with CPR, but suffered broken ribs."

Ramirez, who was treated for various injuries, spent a month in the hospital, according to the complaint, which states he "has suffered significant and permanent damages" as a result of the incident. The complaint says his wife "has suffered damages for loss of consortium."

The complaint alleged UNMH "wholly and completely failed to protect" Ramirez in his most vulnerable state.

Attorney David J. Jaramillo, who represented Bonet along with another Albuquerque attorney, Stephen Marshall, called it a "very sad, tragic case."

"The money was set aside in a trust and approved by the court to help Mr. Ramirez, who has returned to [the country of] Cuba" along with his wife, he said. "The trustee in New Mexico will make sure that the money is preserved for his care. He's elderly and was in poor health to begin with."

Jaramillo declined to disclose Ramirez's immigration status.

"It's not something that is particularly relevant to me. ... He has rights just like anybody else," he said. "That was never an issue in the case."

Jaramillo said Ramirez's wife of 50 years is caring for him.

"He's doing reasonably well under the circumstances," he said.

Jaramillo commended the University of New Mexico Health Sciences Center for settling the case. A settlement was signed in early October, according to documents on the state's sunshine portal.

"Lawsuits can be contentious, and it's nice when a matter is resolved promptly," he said.

Follow Daniel J. Chacón on Twitter @danieljchacon.