Martin v. Washington Hospital Ctr., 79-912.

• Docket Nº: No. 79-912.
• Citation: 423 A.2d 913
• Case Date: July 22, 1980
• Court: Court of Appeals of Columbia District

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423 A.2d 913 Lena MARTIN et al., Appellant,
v.
WASHINGTON HOSPITAL CENTER, Appellee. No. 79-912. District of Columbia Court of Appeals. Argued May 21, 1980. Decided July 22, 1980.

Sherman L. Cohn, Washington, D. C., with whom Ronald A. Karp, Washington, D. C., was on brief for appellant.

John F. Mahoney, Jr., Washington, D. C., for appellee.

Before KERN, MACK and PRYOR, Associate Judges.

KERN, Associate Judge:

This is an appeal from the trial court's entry of a judgment for appellee Washington Hospital Center notwithstanding the jury's verdict in favor of appellant. Appellant is the mother of Willis Earl Martin and the personal representative of his estate. She sued the Hospital for the wrongful death of her son in an auto accident occurring some twelve hours after the Hospital released him from emergency treatment.

The record contains testimony by the decedent's brother that he took the decedent to the Hospital because of his complaints that "he was not feeling good." (Record at 65.) The decedent remained in the emergency ward until discharged to the custody of his brother who testified that the decedent "still wasn't right" when signing him out of the Hospital at around four o'clock in the morning upon the direction of the physician in the Emergency Treatment room. (Record at 72.) There was testimony by a fellow employee of decedent that he appeared at his place of business in the "late morning or early afternoon" of the same day he had been released from the Hospital (Record at 93), despite the fact that he was not scheduled to work that day. (Record at 94.) She (the fellow employee) observed decedent for an hour and concluded that he was "really basically disoriented." (Record at 94.) Others also observed decedent there and in light of his condition sought to obtain someone who could drive him home. (Record at 99.) In mid-afternoon of that day the decedent drove his automobile into a parked car and died almost instantly.

A police officer who responded to the scene of the auto accident in which decedent lost his life testified that "brush marks" on the street indicated that decedent

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was driving the car at "excessive speed" (Record at 129), and that the car had been "out of control" (Record at 121) when the accident occurred.

The District's Deputy Chief Medical Examiner, who performed the autopsy, testified that decedent had died "as a result of the automobile accident." (Record at 180.) Tests he had performed showed neither alcohol nor drugs in the deceased's system at the time of his death (Record at 181), and the body had borne no indicia of chronic alcohol or drug use. (Record at 180.)

The record of Willis Earl Martin prepared by the appellee Hospital reflected that he was admitted at about 8 p. m. complaining of "stomach cramps and delirium." (Record at 140.) No physician examined the deceased, however, until some five hours later. (Record at 142.) It was recorded that he was disoriented, believing that he was at another hospital, thinking the year was 1952 and that George Washington was President. (Record at 142, 145 and 165.) The physician who finally examined decedent diagnosed him, without ordering toxicology laboratory work,¹ as having "anxiety reaction with drug abuse," (Record at 141, 143), but concluded that a psychiatric consultation was not necessary. (Record at 145.) After further observation by the attending doctor (Record at 148-49), the decedent was discharged to his brother at 4 a. m., with instructions to "seek medical help" and take no alcohol or drugs for at least one week. (Record at 149.)

The attending physician agreed in his testimony (Record at 151), that "anxiety reaction can come about as a result of mental depression or trauma." He testified that the Hospital's record reflected the decedent to have been so uncooperative as to require being placed under restraint (Record at 159), and to have stated that he had been drinking heavily and "smoking," which the doctor took to mean using marijuana, probably. (Record at 157.) When the doctor ordered the decedent released, this record reflected that he was well-oriented. (Record at 161.)

Appellant presented medical testimony from a physician who had examined the Hospital record of the decedent and was qualified as an expert on emergency room procedures. He was of opinion that decedent was in an altered state of consciousness or disorientation on the day in question. (Record at 196.) Such a condition could be caused by drugs, psychiatric problems or trauma. (Record at 201.) He testified that laboratory work and a psychiatric consultation would be very significant in determining the cause of such a condition. (Record at 202.) In the witness' opinion, appellee Hospital did not provide the care and treatment to Willis Earl Martin that...