Case Law Update: A review of recent rulings of interest to risk managers

✍ Scribed by John C. West

• Publisher: Wiley (John Wiley & Sons)
• Year: 2010
• Tongue: English
• Weight: 421 KB
• Volume: 30
• Category: Article
• ISSN: 1074-4797
• DOI: 10.1002/jhrm.20043

✦ Synopsis

Brenda Hill underwent an outpatient procedure at Wadsworth-Rittman Hospital and was being transported by wheelchair for discharge. Amy Hoover, RN, was escorting her in the wheelchair. As they were passing through the lobby, a man stood up, clutched his chest, and fell to the ground. Nurse Hoover went to see if she could be of assistance and then returned to Ms. Hill.

When they were outside, Nurse Hoover apparently engaged another man in conversation momentarily. While she was so engaged, Ms. Hill, apparently somewhat discomfited by seeing the gentleman inside who appeared to have had a heart attack and anxious to get home, tried to stand up to transfer herself to the car. She fell and fractured her patella.

Ms. Hill and her husband filed suit against Nurse Hoover and the hospital for negligence. The trial court held that this was a medical negligence claim and ordered the Hills to file an affidavit of merit. The Hills filed an affidavit executed by Daniel Clark, RN. When Nurse Clark was later deposed, however, he testified that Nurse Hoover did not deviate from the standard of care. The trial court then granted the defendants' motion for summary judgment on the grounds that the Hills could not show a violation of the standard of care. This appeal ensued.