News
3/9/2007 - South Alabama Hospital Prevails in Nursing Malpractice Case
DOTHAN--A Dothan jury recently awarded a defendant’s verdict to a hospital in a case in which the plaintiff alleged that the hospital’s nurses failed to follow the hospital fall prevention and patient transfer policies. On September 18, 2002, the plaintiff underwent the evacuation of a subdural hematoma and then was admitted to the surgical intensive care unit for observation and treatment. On the following morning, the plaintiff was ordered to be transferred to a medical/surgical floor. Throughout the day in question, the plaintiff experienced episodes of disorientation and, at the time of her transfer to the floor, the nurse documented that the plaintiff was disoriented. Within five minutes of the transfer, however, the nurse had completed her assessment and documented that the plaintiff was reoriented. The nurse then left the plaintiff in the room alone sitting in a reclining chair. Shortly thereafter, the plaintiff was found on the floor, having suffered a fractured hip and wrist.
The plaintiff alleged that the nurse violated the hospital’s patient transfer policy which required that confused patients be placed in a bed with an alarm when transferred from an intensive care unit to a medical/surgical floor. In addition, the plaintiff alleged that the nurse violated the hospital’s fall prevention policy by failing to take additional precautions to try to prevent her from either trying to get out of the chair or falling out of the chair. Finally, it was undisputed that the plaintiff’s family had requested to be called so that they could be present with her when she was transferred to a room on the floor. The plaintiff’s family testified that the nurses failed to call them until after she fell and was injured. The plaintiff called a nursing expert from the University of Alabama at Birmingham Hospital who testified that the nurse violated the hospital’s policies by failing to place the plaintiff in bed with an alarm, by failing to temporarily restrain the plaintiff until family could be present, and by failing to ensure that family was present prior to leaving the plaintiff alone in the reclining chair. It was undisputed that the plaintiff was a high fall risk patient.
The hospital defended the case on the basis of its having appropriate policies in place and asserted that the nurse in question exercised appropriate clinical judgment when she assessed the plaintiff prior to leaving her in the room alone. In closing argument, plaintiff’s counsel asked the jury to award $952,000.00. The trial lasted five days. The jury returned its verdict after one hour of deliberations. Jeffery C. Kirby and William T. Johnson of Pittman, Dutton, Kirby & Hellums in Birmingham, Alabama represented the plaintiff. Patrick M. Shegon and R. Brett Garrett of Rushton, Stakely represented the defendant hospital and were assisted by Dothan attorney, Taylor Flowers.