State finds Kaweah Health ER nurses ‘negligent, ‘incompetent’ after man dies

VISALIA, Calif. (KSEE/KGPE) – Kaweah Health is facing a wrongful death lawsuit after a patient died waiting for emergency care.

That case has now also triggered a state investigation, which states that the nurses who were involved were grossly negligent, incompetent and unprofessional.

“I like to think that the resolution of this case will inspire some change at this facility,” medical malpractice attorney Nathaniel Leeds said.

Leeds is representing 60-year-old Erick Burger’s family in the case against the hospital.

He says Burger died because of the hospital’s mismanagement.

“When nurses are behaving badly, it’s often because they’re facing burnout and being asked to do too much,” Leeds said.

How Erick Burger died

The family’s complaint states that on Oct. 1, 2023, paramedics with the Exeter Ambulance District picked up Burger because he was experiencing severe chest pain.

While they were en route to the Kaweah Health Medical Center, the medics noticed Burger’s pacemaker had “fired off.”

Case documents say they called the emergency room nurse to tell her they would arrive in ten minutes and their patient would need immediate care.

That charge nurse later told state investigators that she did not understand why Burger would need immediate care, but did not ask the paramedics any follow-up questions to gain understanding.

“The fact that you have this very significant fight documented in the records between the ambulance drivers and the nurses made us curious and concerned,” Leeds said.

Burger arrived at the emergency room at 5:04 p.m., and paramedics asked the charge nurse to take Burger into a room immediately.

However, instead of admitting him, both the charge nurse and another nurse with her told investigators they performed “across the room” assessments while sitting at their work stations.

They decided, by looking at him across the room, that he was not a critical patient.

The charge nurse later told investigators that another present physician was responsible for helping Burger, not her.

Three minutes later, at 5:07 p.m., Burger began to seize.

“There are some times in which at a medical facility, of course, people have to wait in line,” Leeds said. “When your pacemaker is going off, that’s not one of those times.”

When Burger started seizing, the charge nurse told the medics to take Burger into a room to get checked out.

However, case documents say the second nurse still did not follow Burger to check on him. Instead, she walked into another room in the opposite direction.

Paramedics soon discovered Burger did not have a pulse.

They began CPR, and that’s when the staff told the previously mentioned physician about Burger’s condition.

However, it was too late and they pronounced Burger dead at 5:42 p.m.

Death triggers lawsuit and investigation

Leeds says, now, Burger’s family wants to make sure this does not happen to anyone else.

“The money in these cases matters very little to our clients, and, frankly, it matters very little to us,” Leeds said.

Burger’s family is demanding a jury trial, which is scheduled for Feb. 9, 2026.

Kaweah Health sent the following statement on Friday:

“As a matter of policy and out of respect for patients and their families, we do not publicly discuss pending or settled litigation. And, due to federal patient privacy laws (HIPAA) we are not able to comment specifically about a patient’s care at Kaweah Health. The two registered nurses referenced in this matter were promptly placed on administrative leave and are no longer employed with Kaweah Health. They were also reported to the California Board of Registered Nursing.”

Following their investigations, the California Board of Registered Nursing has asked the state to revoke both nurses’ licenses.