Assignment
An 80 year-old male (Mr. D) was transported by ambulance to the emergency department (ED)of Midstate Hospital for evaluation after experiencing an unwitnessed fall in a local nursing home. The patient resided at the nursing home and had a medical history of severe dementia and osteoporosis. The patient arrived to the ED alone without family or staff from the local nursing home.
Upon arrival to the ED, the patient was triaged by nursing staff. The triage documentation noted the patient's vital signs were stable, that he was a poor historian and complained of "hurting all over". After triage was completed, the patient was taken to a bed in the ED treatment area, which was located approximately 20 feet from the nurses' station, but not in direct view of the station.
The insured registered nurse assigned to the patient documented that the patient was confused, uncooperative and incontinent. The nursing assessment was completed and noted the patient to be an elderly male at risk for falls. Specific interventions were also documented to implement fall interventions, to include side rails up, place call bell within reach of patient, maintain bed in low position, and consider patient placement close to nursing station.
Two hours later, the patient was evaluated by the ED practitioner. The practitioner noted the patient was restless and ordered a sedation medication in preparation for diagnostic tests which included a CT scan of the head, and imaging studies of the knee, pelvis and ribs. The insured administered the ordered sedative and the tests were completed in the diagnostic imaging department. The patient was returned to his bed in the ED treatment area. The results of the diagnostic tests were reported as negative.
Following the patient's return to the ED, the nurse assisted the patient to the bathroom, noting that he was able to walk independently, but had an unsteady gait. The nurse left the room after returning the patient to his bed, placing the side rails up and the call bell within reach of the patient.
Thirty minutes later, housekeeping staff found the patient yelling, laying on the floor on his right side, next to the his bed. Staff immediately responded and the patient was assessed by the ED practitioner. Following the department protocol, staff applied a cervical collar to the patient's neck, placed him on a backboard and then lifted him to a stretcher. The patient complained of pain in his right hip, and his right leg was noted to be shortened and internally rotated. The patient underwent additional diagnostic tests, and the hip x-rays results confirmed a fractured right hip. Following his return from the imaging, the patient was moved to a bed closer to the nursing station.
The patient was later admitted to the hospital from the ED and evaluated by an orthopedic surgeon the following morning. Surgical intervention for the hip fracture was recommended by the surgeon and the patient's son provided consent for the procedure. The patient underwent an open reduction and internal fixation of his hip fracture.
Post-operatively, the patient developed pneumonia which required antibiotic therapy and lengthened his hospitalization. He was subsequently discharge back to the nursing home. Despite having the diagnosis of dementia, the patient was able to ambulate prior to this hospitalization, but his activity level is now limited to a wheelchair.
You are the General Counsel for Midstate Hospital. Your job is to advise the CEO as to liability, if any, on the part of Midstate and other parties involved in the care of Mr. D.
Task
A. Discuss theories of liability against all possible defendants.
B. Discuss the types of legal actions that can result from Mr. D's treatment.
C. Mention the plaintiff(s) and defendant(s) in each action.
D. What defenses could Midstate claim?
E. What types of expert witnesses would be useful in this case.