Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this wrongful death case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury action and its proceedings.)
THE PHYSICIANS WHO DEALT WITH MR. HALL AT UNIVERSAL WERE OSTENSIBLE AGENTS OF THE HOSPITAL, AS A MATTER OF LAW
A. Because he was gravely ill and in severe pain, Mr. Hall lacked the capacity to validly execute a contract, purporting to contain a waiver of rights.
The evidence of record has established these facts as undisputed:
1. Mr. Hall signed the Universal admission form at about the same time he was admitted to the hospital floor on August 11,2008, which the records indicate was approximately 10:30 p.m.
2. At that time of his admission, Mr. Hall had been suffering pain he reported to be 9 – 10/10 for nearly 2 1/2 hours.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
3. Mr. Hall’s Universal chart indicates that at approximately 10:30 p.m., he was finally given an intravenous dose of two to three milligrams of Dilaudid (with the usual dose ranging from one to two milligrams when so administered). Dilaudid is a narcotic pain reliever that takes immediate effect when given intravenously, and which may impair thinking and judgment.
Taken together, these facts make it clear that when he signed the Form, Mr. Hall was seriously distracted and/or impaired in his ability to read, comprehend, and make reasoned decisions affecting his rights. While it is not clear whether he signed the form before or after receiving Dilaudid, the result is essentially the same. A patient experiencing this level of pain cannot be held responsible to inquire about the legal status of the attending physicians, as a matter of law. Stanhope v. L.A. College of Chiropractic (1942) 54 C.A.2d 141, 146 (a patient suffering excruciating pain, in dire physical distress, cannot reasonably be expected to stop and analyze the legal relationships at issue before permitting medical personnel to take steps to alleviate his suffering). (See Part 3 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.