Sacramento-area Hospital Sued For Malpractice, 7 of 23.

D. Nurse Robert Black:

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

On March 25, 2002, at approximately 7:00 a.m., Nurse Brown was replaced by Robert Black, RN. When he did his assessment of the patient at 0810 he noted:

“Does not move legs. Very weak movement to arms.”

This was in sharp contrast to Nurse Brown’s assessment at 2400 hours of:

“Full ROM [range of motion]”

In his deposition taken on June 16, 2004, Nurse Black testified as follows on page 17 line 8 through page 18 line 12:

“Q. In fact, you’re trained to call the doctor if there’s a significant change in condition, right?

A. That I am, yes.

Q. Okay. Now if you can compare the assessment done on the night [shift] to the assessment you did on the day [shift] at 0810, was there a change of condition?
A. That’s correct, there are.
Q. In fact, it was a significant change of condition.
[objection omitted]

THE WITNESS: I’m having trouble – – oh, okay. On the neuro, yes, it is. She writes that moves extremities, which would mean that he moved all of his extremities.

Q. And you wrote he couldn’t move his lower – – in other words, your assessment was he couldn’t move his lower extremities?

A. That’s correct.

Q. And that’s a very significant change in condition.
[objection omitted]


Q. Am I correct, sir, that’s a very significant change?
A. Based on what is written here it certainly is, yes.
Q. It looks like an onset of paralysis, true?
A. Yes.”
Page 20, lines 1 through 5:


Q. Well, sir, let me just ask a question which really doesn’t require that foundation. Did you ever contact a physician regarding Mr. Smith’s apparent onset of paralysis?
A. Not to my recollection.”

From 0100 hours to 1500 hours, nothing was done for plaintiff relative to the onset of his paralysis. Nothing was done during the shifts of Nurse Brown and Nurse Black. No neurosurgeon was called. No care was attempted.

The next shift of nurses came on at approximately 1500 hours (3:00 p.m.). Nothing was done. No doctor was called. Mr. Smith was assessed at 1530. Fourteen and one half hours had passed since Nurse Brown recorded that Mr. Smith could no longer move his legs. (See Part 8 of 23.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins

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