BURLINGTON - A former Mount Carmel nurse is accused of neglecting a patient in 2005, ultimately causing his death by leaving bedsores to become infected.

William Kurth, 84, died June 25, 2005, after he was transferred from Mount Carmel Medical and Rehabilitation Facility, 677 E. State St., to Memorial Hospital of Burlington, where the infected bedsores were discovered.

An autopsy showed he died of pneumonia, stemming from bacteria that entered his body through his bedsores. The man who performed the autopsy said neglect by caregivers at the nursing home ultimately caused his death.

Eileen Lee, 54, of East Troy, was the facility's wound care nurse during the last several months that William Kurth was a patient at Mount Carmel. She has now been charged with one felony and two misdemeanors for the alleged negligence.

Two of those charges - neglect of a vulnerable patient causing great bodily harm and intentional falsification of patient health care records - stem from Kurth's death. The charges were filed in late August.

The third charge, neglect of a patient likely to cause bodily harm, is related to a second patient whose bedsores were not assessed or documented for about a month. If convicted of all charges, Lee could face up to $100,000 in fines and 16½ years imprisonment.

'Overwhelmed' caregiver?

Lee was in court Wednesday morning for a preliminary hearing. Assistant Attorney General Eric Defort called three of his eight witnesses during the hearing, which will be continued on Oct. 4.

Gregory Schuler, an investigator with the Wisconsin Department of Justice, testified that Lee told him she had stopped treating Kurth's sores because she was overwhelmed. He said Lee told him that she treated his wounds properly through early May, but that she then stopped caring for Kurth's wounds.

"She stated he was not in good shape," Schuler said. "She considered him one of her most critical patients. … She stated she did not tell anyone else she had stopped treating him and did not ask anyone else to take over for her."

Schuler said when he asked Lee why she had done that, she said "It was overwhelming and she had become overwhelmed."

Kathleen Walker, administrator of Mount Carmel while Kurth was a patient, also testified. She said that she investigated Kurth's care and found Lee had not provided care to him as she should have. Walker said that Lee never said she was overwhelmed or busy.

Walker also testified that Lee did not appear to have kept accurate records of Kurth's wounds. The records she handed in were written in pencil, seemed to have been filled out all at once, and showed identical measurements for separate wounds. Additionally, the sheets only showed two wounds. The hospital found 11 on Kurth's body when he was admitted there in June.

Staffing questions

Defense attorney Michael Fitzgerald questioned witnesses about staffing levels at Mount Carmel and the increased workload his client had taken on prior to Kurth's death.

Fitzgerald pointed out that Lee's duties had significantly increased during the period in question. She had been Mount Carmel's assistant director of nursing, he said, in addition to supervising wound care at the facility.

At one point, he said, a physical therapist had helped her carry out her wound care responsibilities, but that no longer happened. Then, the director of nursing took a two-month medical leave, and Lee took on those duties as well.

Walker testified that the home's staffing levels exceeded state requirements, and Schuler said a state survey did not find anything amiss.

Fitzgerald attempted to question Walker about why no other employees brought up Kurth's sores, but Defort objected, and the court commissioner sided with the state.

The hearing ended after Walker's testimony, with the understanding that it would continue on Oct. 4.

The case is also before a civil judge early next month. Kurth's family has sued Mount Carmel, claiming that negligence by staff there led to Kurth's injuries, illness and ultimately his death.

The civil suit alleges Kurth had bedsores, was malnourished and dehydrated and had suffered broken bones and other preventable medical problems at the home prior to his death. The family is requesting punitive and compensatory damages from the nursing home and Kindred Healthcare, the company that manages Mount Carmel.

The case is due before Judge Wayne Marik in early October, for a continued motion hearing.