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Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494 Exercise 9
Facts
Oxford brought a lawsuit against the Upson County Hospital and nurses claiming that their medical malpractice caused her injury from a fall in the hospital's bathroom. Oxford had been admitted to the hospital after having been diagnosed with gastroenteritis and dehydration. Nothing on her chart indicated that she had experienced dizziness. Testimony at the trial indicated that Oxford told her nurse that she had to go to the bathroom. Oxford did not inform the nurse that she felt dizzy. After the nurse escorted her to the bathroom, Oxford fainted while sitting on the toilet. As she fainted, she hit her head on the bathroom wall.
Two nurse experts testified that it is a patient's responsibility to communicate to the staff any symptoms the patient is experiencing. Oxford had told her physician prior to her hospitalization about feeling dizzy, but he had not related this information to
the hospital's staff.
After a jury verdict for the hospital, Oxford appealed, arguing that the trial court's jury charges on causation, failure to exercise ordinary care, and comparative negligence were wrong.
Issue
Was there sufficient evidence to warrant the judge's charges to the jury?
Holding
The Georgia Court of Appeals affirmed the jury verdict and found that the judge's charges on the issues had been sufficient. The court followed its determination in Carreker v. Harper , 196 Ga. App. 658, 659, 396 S.E.2d 587 (1990), that when a patient fails to disclose all information related to her condition and fails to exercise ordinary care for her safety by seeking medical attention for her worsening condition, a charge of comparative negligence is applicable. In this case, the court did not require that Oxford diagnose herself, but she should have told the staff about her symptoms so that they could have treated her using their professional judgment.
What precautions should the admitting physician and nurses take to help prevent similar injuries from occurring in the future? Explain.
Oxford brought a lawsuit against the Upson County Hospital and nurses claiming that their medical malpractice caused her injury from a fall in the hospital's bathroom. Oxford had been admitted to the hospital after having been diagnosed with gastroenteritis and dehydration. Nothing on her chart indicated that she had experienced dizziness. Testimony at the trial indicated that Oxford told her nurse that she had to go to the bathroom. Oxford did not inform the nurse that she felt dizzy. After the nurse escorted her to the bathroom, Oxford fainted while sitting on the toilet. As she fainted, she hit her head on the bathroom wall.
Two nurse experts testified that it is a patient's responsibility to communicate to the staff any symptoms the patient is experiencing. Oxford had told her physician prior to her hospitalization about feeling dizzy, but he had not related this information to
the hospital's staff.
After a jury verdict for the hospital, Oxford appealed, arguing that the trial court's jury charges on causation, failure to exercise ordinary care, and comparative negligence were wrong.
Issue
Was there sufficient evidence to warrant the judge's charges to the jury?
Holding
The Georgia Court of Appeals affirmed the jury verdict and found that the judge's charges on the issues had been sufficient. The court followed its determination in Carreker v. Harper , 196 Ga. App. 658, 659, 396 S.E.2d 587 (1990), that when a patient fails to disclose all information related to her condition and fails to exercise ordinary care for her safety by seeking medical attention for her worsening condition, a charge of comparative negligence is applicable. In this case, the court did not require that Oxford diagnose herself, but she should have told the staff about her symptoms so that they could have treated her using their professional judgment.
What precautions should the admitting physician and nurses take to help prevent similar injuries from occurring in the future? Explain.
Explanation
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In the present case the patient was admi...
Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
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