Western State Hospital Faces Scrutiny After Patient’s Death at Construction Crane: Was Negligence a Factor?
A preventable tragedy at Western State Hospital raises serious questions about patient safety, security protocols, and potential negligence.
In Lakewood, Washington, Western State Hospital, the state’s largest psychiatric facility, is under intense scrutiny following the death of a patient who accessed a construction crane on the hospital grounds. The patient, who had been granted unsupervised grounds privileges, was found deceased at the construction site for the new 350-bed forensic hospital. This incident has ignited concerns about security lapses, potential negligence, and the overall safety of patients at the facility.
The Incident: A Chain of Failures?
According to reports, the patient, Pavel Kolchick, was allowed an unescorted walk on the hospital grounds but failed to return. A search was conducted, but tragically, Kolchick’s body was discovered the following day at the construction site. Sources suggest he may have climbed a construction crane and either fell or jumped.
Adding another layer of complexity, Kolchick’s attorney revealed that the state had discontinued his trauma therapy three months prior to his death, despite recommendations from hospital staff to continue the treatment. A judge had even ordered the state to restore the therapy, but it was not back in place before Kolchick’s death. This raises questions about whether the denial of crucial mental health services contributed to the tragic outcome.
Unsecured Construction Site: A Breach of Duty?
A photo obtained by news sources shows a gap in the fence surrounding the construction zone, suggesting a potential security breach. The construction site, managed by Clark Construction, seemingly lacked adequate measures to prevent unauthorized access. This raises the question: Did the construction company and the hospital administration fail in their duty to secure the site and protect vulnerable patients?
Construction sites are inherently dangerous, and strict safety protocols are necessary to minimize risks. Negligence on construction sites can take many forms, including failure to follow safety guidelines, poor site maintenance, and inadequate supervision.
Negligence: A Legal Perspective
In personal injury law, negligence is a breach of the duty of care that causes harm to another person. To prove negligence, it must be established that a party had a duty of care, they breached that duty, the breach caused the injury or death, and damages resulted from the injury or death.
In this case, several parties could potentially be found negligent:
- Western State Hospital: The hospital has a duty to provide a safe and secure environment for its patients. Failing to adequately supervise patients, allowing access to a dangerous construction site, and discontinuing necessary treatment could all be considered breaches of this duty.
- Clark Construction: As the general contractor, Clark Construction has a responsibility to secure the construction site and prevent unauthorized access. A failure to do so could be seen as negligence.
- The Department of Social and Health Services (DSHS): As the agency that oversees Western State Hospital, DSHS has a responsibility to ensure the facility is operating safely and effectively. Budget cuts that led to the ceasing of Kolchick’s trauma therapy may be seen as negligence.
Could This Be a Wrongful Death Case?
In Washington State, a wrongful death claim can be filed when a person’s death is caused by the wrongful act, neglect, or default of another. If negligence is proven, Kolchick’s family could potentially file a wrongful death lawsuit against the responsible parties to seek compensation for their losses, which may include:
- Medical expenses
- Funeral and burial costs
- Lost wages and future earnings
- Loss of companionship and emotional support
- Pain and suffering
Western State Hospital: A History of Problems
This is not the first time Western State Hospital has faced scrutiny. The facility has a long history of safety violations, staffing shortages, and patient care issues. In 2018, the hospital lost its federal certification and funding due to these concerns.
Past incidents include:
- Assaults on staff and patients
- Escapes of dangerous patients
- Failure to provide adequate medical care
- Retaliation against staff who speak out about safety concerns
These recurring problems raise serious questions about the hospital’s ability to provide a safe and therapeutic environment for its patients.
The Importance of Security Measures at Construction Sites
Construction sites, especially those located on the grounds of vulnerable facilities like hospitals, require stringent security measures. These measures may include:
- Secure fencing and barriers
- Controlled access points
- Surveillance systems
- Regular patrols
- Proper signage and warnings
What Happens Next?
The incident is currently under investigation by Lakewood Police and the Medical Examiner. The DSHS is also conducting an internal review. It remains to be seen whether negligence will be found and what steps will be taken to prevent similar tragedies in the future.
Legal Ramifications and Seeking Justice
If negligence is determined to be a factor in the patient’s death, the involved parties could face legal consequences, including lawsuits and regulatory penalties. For the family of the deceased, pursuing a wrongful death claim may be a way to seek justice and hold those responsible accountable for their actions or omissions.
Call to Action
The death at Western State Hospital is a stark reminder of the importance of patient safety and security in mental health facilities. It is crucial that these facilities are adequately funded, properly staffed, and committed to providing a safe and therapeutic environment for their patients.
If you or a loved one has been injured due to negligence at a hospital or construction site, it is important to seek legal advice. An experienced personal injury attorney can help you understand your rights and options.