Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
C. NOTHING WAS DONE:
Nothing was done to help William Smith from 1:00 a.m. to 4:30 p.m. Nurse Brown tries to argue she called Dr. Y. and notified him of the patient’s status. Dr. Y. denies this. Nurse Brown failed to document she even told a doctor of his change of condition, a violation of the hospital’s policy and standard of care.
Even if Nurse Brown (an LVN) called Dr. Y. and he only said “start a Foley” she should have told her RN or charge nurse.
Allowing plaintiff’s paralysis to go untreated for fifteen and a half hours is a violation of the hospital’s standard of care. As Nurse Black testified on page 25, lines 15 through 16:
“The sooner you intervene in a process like that the better chance the patient has to recover.”
XI. LIABILITY OF DR. Y., M.D.
Dr. Y’s liability stems chiefly from the fact that Nurse Brown testified she told him of Mr. Smith’s paralysis and he did nothing except order a Foley catheter.
Nurse Brown’s deposition, page 37, lines 7 through 15:
“BY MR. COLLINS: Q. Did you specifically call Dr. Y. to tell him of the change in condition from generalized weakness but could ambulate with assistance to can’t move his legs, can’t ambulate?
A. Yes.
Q. Okay. What – – and you told him that?
A. Yes.
Q. And what did he say to you?
A. Just put Foley catheter.”
Nurse Brown’s deposition page 52, lines 13 through 21:
“BY MR. COLLINS: Q. Now, did Dr. Y. tell you to do anything else other than just start the Foley?
A. Nothing. That’s it, just put the Foley.
Q. Did Dr. Y., and I’m sure your answer is going to be no but I’ll ask you anyway, did Dr. Y. ask you to call any other doctor?
A. No, sir.
Q. Or call for any other consult?
A. No, sir.” (See Part 18 of 23.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.