Clements v. Swedish Hospital
| Citation | 252 Minn. 1,89 N.W.2d 162 |
| Decision Date | 14 March 1958 |
| Docket Number | No. 37065,37065 |
| Parties | Pauline CLEMENTS and Robert Clements, Appellants, v. SWEDISH HOSPITAL and A. Cabot Wohlrabe, Respondents. |
| Court | Supreme Court of Minnesota (US) |
Syllabus by the Court
1. Patient entering hospital upon advice of physician has right to expect that instructions of physician will be complied with by hospital attendants. In emergency, where patient's physician is not available, hospital attendants should exercise reasonable care to prevent harm because of patient's mental condition until instructions can be received from such physician.
2. Where plaintiff, admitted to defendant's general hospital only for treatment of injuries sustained in automobile accident, at first talked irrationally and removed scissors from nurse's pocket and stated that she 'didn't want to die'; where such incidents were reported to her physician by hospital nurses; where on days following patient improved and became less apprehensive and more cheerful and cooperative; where she regained a normal attitude and seemed happy and rational, enjoying visits of relative and minister; where instructions left by her physician after reports of instances first described were to effect that patient have 'bathroom privileges' and be permitted to be up and around and prescribed no special care for her; and where physician had informed her that she had recovered from injuries to extent that she might be released from hospital, Held defendant hospital, which was not equipped for treatment of mental patients was not negligent in failing to place restraints upon patient or to otherwise confine or restrict her from having access to window from which she jumped on day she was to be discharged from hospital.
Lawrence O. Larson, Minneapolis, for appellants.
Meagher, Geer, Markham & Anderson, O. C. Adamson, II, Minneapolis, for respondent.
Action by Pauline Clements to recover for personal injuries alleged to have been due to the negligence of defendant, The Swedish Hospital; and by Robert Clements, her husband, for special damages in connection therewith. Originally, Dr. A. Cabot Wohlrabe was named as a codefendant, but subsequently plaintiffs dismissed the action as to him. At the close of the testimony, the trial court directed a verdict in favor of The Swedish Hospital. This is an appeal from the judgment subsequently entered pursuant thereto.
The facts are as follows: On March 27, 1954, Mrs. Clements sustained injuries in an automobile accident for which she was given care and treatment at Minneapolis General Hospital on March 27 and 28, 1954. After first returning to her home from General Hospital, she was hospitalized in The Swedish Hospital on March 29, 1954, at the direction of her physician, Dr. Wohlrabe, for the purpose of receiving care and treatment for her injuries resulting from the automobile accident. No mention was made of any mental disturbance or distress afflicting her.
During the evening of March 29, 1954, she was examined by Dr. Wohlrabe and by his order she was given bathroom privileges. No special care was prescribed for her. During the following day (March 30, 1954), she appeared nervous and apprehensive over her condition. At 8 p.m., while the nurse was with her, she removed a scissors from the nurse's pocket and said that she 'didn't want to die.' The nurse quieted her and persuaded her to go to bed and recorded the incident in her notes on the patient. At 8:30 p.m. she was visited by Dr. Wohlrabe, at which time the nurse's records were available for him. He noted in his progress notes for that visit that Mrs. Clements exhibited depression and possible hallucinatory ideas. He did not order any special treatments for plaintiff at that time and his order that she have bathroom privileges remained in effect.
Mr. Clements testified that, after talking with his wife that day, he told the nurse in attendance that his wife was talking about things that had happened years back; that she had made the statement that he and their little boy were talking about her (Mrs. Clements) over the radio; that he then asked the nurse 'When will the doctor be in?' and that as he left her she said to him 'We will have to watch Mrs. Clements very close,' and that he then stated 'I am worried about it, she is not right'; and that after that he had talked to Dr. Wohlrabe.
For the days following, the notes made by the nurse assigned to Mrs. Clements included the following:
'(March 31, 1954, Wednesday).
'1:00 (A.M.) Resting quietly.
'3:00 (A.M.) Sleeping.
Miss Ada Clements, an aunt of Mr. Clements, visited Mrs. Clements Wednesday morning, March 31, 1954. She had known her for some time and testified that on this visit Mrs. Clements appeared 'normal,' just as she had always been when she had lived with the witness.
Dr. Wohlrabe, who saw her on the same morning, at that time made this notation in his progress reports:
After this visit he left instructions that Mrs. Clements should be permitted to be up and around. Thereafter, entries of the nurse's notes indicate the following:
.'
It is from injuries resulting from this incident that the present action was instituted.
At the trial plaintiffs called Dr. Robert Stoltz, a specialist in psychiatry and neurology. His testimony, based upon the hospital record which was read to him, was to the effect that it would be impossible for any nurse to recognize suicidal tendencies on the part of Mrs. Clements; and that even as a psychiatrist he might not have noticed such tendencies. Dr. Samuel G. Balkin,...
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