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Inmate’s father blames jail for negligent care

Sheriff says protocol properly followed

A La Plata County resident is fighting to recover from a serious arm infection that worsened while being held at the La Plata County jail.

Tim Baker was in fair condition Tuesday at St. Anthony Hospital in Lakewood, where he was flown after being treated at Mercy Regional Medical Center.

Tim Baker’s father, Rick Baker, alleged in an interview with The Durango Herald that the jail was negligent in treating his son. A jail official said that proper protocol was followed.

La Plata County Sheriff Duke Schirard said the health care at the facility is “excellent” and that proper protocol was followed in Baker’s case.

“The young man was taken to the hospital when he got really sick, and was treated at Mercy and subsequently taken to Denver for further care,” he said.

He added, “Our staff did an excellent job.”

Schirard declined further comment regarding the case.

Rick Baker said the jail was negligent in treating his son when a wound from his intravenous treatment became infected. Baker said his son’s arm became infected while incarcerated, and medical staff administered only the over-the-counter painkiller Motrin for several days until his health deteriorated.

“(Tim) continued to tell the nurse his arm was getting infected, and she ignored him,” Rick Baker said.

Tim Baker, who was in the jail for a driving-under-the-influence charge, was unable to get up one morning, and three of his cellmates urged the jailer and nurse do something about his situation, Rick Baker said. By then, his son’s arm had swollen to twice the normal size, and he was having trouble breathing, he said.

Tim Baker was given an official temporary release from the jail on Saturday to receive treatment for his developing condition, according to La Plata County Court records. He was admitted to the hospital Friday, Rick Baker said.

After Tim Baker spent two days at Mercy, doctors determined that he might be suffering from necrotizing fasciitis – a flesh-eating bacteria that had entered his wound and spread up his arm, Rick Baker said.

He was airlifted Sunday night to St. Anthony Hospital where medical staff would be better equipped to handle the rare condition, Rick Baker said.

Tim Baker was in fair condition Tuesday afternoon, said Loralee Sturm, a spokeswoman at St. Anthony. She could not give an updated condition Wednesday.

Lt. Rhoda Simplicio, who supervises the La Plata County Jail, said Tim Baker showed up with a pre-existing condition and was evaluated upon his arrival as is standard protocol.

Simplicio said she was unable to discuss Baker’s treatment regimen because of privacy laws, but she confirmed that it involved more than over-the-counter painkillers as his father alleged.

According to La Plata County court records, Tim Baker was cited for driving under the influence and driving with a suspended license Aug. 20 after he was involved in a car accident; his license had been revoked from a prior DUI.

After Baker violated the conditions of his bail, a warrant was issued. He was admitted to Mercy Regional Medical Center for severe alcohol withdrawals and was receiving intravenous therapy, said Rick Baker, a former Durango and Pagosa Springs resident who now lives in North Carolina.

After finishing treatment, Tim Baker turned himself in to the La Plata County jail Sept. 28, according to court records.

Upon arrival, inmates are given a physical examination and asked to fill out a health questionnaire in which they list any illnesses and allergies, Simplicio said. The jail then verifies that information with the inmate’s doctor.

If a detainee needs medication, the jail is able to administer it, she said.

“He was treated appropriately,” Simplicio said. “We did nothing wrong.”

Rick Baker had originally planned to take legal action against the La Plata County jail and staff, but has since changed his mind as requested by his son Tuesday, he said.

vguthrie@durangoherald.com



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