Memorial Hospital, South Broward Hospital Dist. v. Doring
| Decision Date | 24 October 1958 |
| Docket Number | No. 51,51 |
| Citation | 106 So.2d 565 |
| Parties | MEMORIAL HOSPITAL, SOUTH BROWARD HOSPITAL DISTRICT, Appellant, v. Otto DORING, Appellee. |
| Court | Florida District Court of Appeals |
Blackwell, Walker & Gray, Miami, for appellant.
William L. Flacks, Hollywood, for appellee.
Appellee, Otto Doring, 68, suffered a heart attack about 11:00 o'clock P.M. on December 25, 1955. He was treated by a private physician, Dr. Novak, and remained at home in bed. About four o'clock the next morning Dr. Novak again examined appellee and arranged for his admission to appellant hospital. Appellee was taken there in an ambulance and was admitted to the hospital at approximately 5:00 o'clock A.M.
Appellee was quite sick and weak from his attack but did not lose consciousness. He was put to bed in a regular hospital bed without bed-rails. Dr. Novak gave the hospital detailed instructions for treatment of appellee, including one that he have 'absolute bed rest'.
About 8:00 o'clock A.M. a nurse and an X-ray technician found appellee walking in his room trying to get to the bathroom. They put him back to bed, and an X-ray was taken of his chest to show his heart and lungs. About 11:00 o'clock A.M. Dr. Novak again saw appellee and discovered on appellee's right buttock a 'brush burn' or bruise of the type caused by brushing against a hard object while falling. The bruise was covered by a bandage.
Four days later, on December 30, appellee's complaints of pain in his right shoulder prompted Dr. Novak to order further X-rays. Examination of these X-rays revealed that appellee had a broken right arm at a point just below the shoulder.
Re-examination of the original X-ray also disclosed the fracture. There was no evidence that appellee had injured his shoulder prior to his admission to the hospital. It seems to be established, therefore that appellee injured his shoulder after his admission to the hospital but before the hospital personnel found him out of bed.
Appellee filed suit against the hospital, charging that he suffered a broken arm while a patient in the hospital and that the injury resulted from the hospital staff's negligence in improperly caring for him while he was in a helpless state, mentally and physically. Appellant hospital filed an answer containing a general denial and a plea of contributory negligence.
At the trial appellant moved for a directed verdict at the close of appellee's testimony and again at the close of all the evidence. The Court denied both motions. The jury returned a verdict of $7,500 for appellee. After appropriate post-trial motions were denied, appellant took this appeal.
The evidence fairly justified the inference that appellee injured his shoulder either by falling out of the hospital bed or by falling after he got out of bed and that he received the 'brush burn' while falling.
The point involved on this appeal is whether there was any evidence tending to show that the hospital fell below the required standard of care in failing to take steps to assure that appellee would not get out of bed and injure himself. To answer this question, we must determine whether the circumstances shown above were sufficient to charge the hospital with notice of the patient's danger to himself.
Relying upon Dr. Novak's testimony that he did not order bed-rails placed on appellee's bed because he did not think they were necessary, appellant argues the evidence showed no negligence on the hospital's part. Cited in support of appellant's contention is Cochran v. Harrison Memorial Hospital, 1953, 42 Wash.2d 264, 254 P.2d 752, 756. There an 80-year-old woman, suffering from a slight heart attack, was placed in a bed without bed-rails. She fell while trying to reach a wash basin and sued the doctor and the hospital. The Trial Court directed a verdict for defendants. Affirming, the Washington Supreme Court said in part:
'The evidence produced by appellant showed that the bed in which she was confined was not equipped with bed rails at any time prior to her accident. This in itself is not proof of negligence. There must be proof that appellant was in a helpless condition which was known to the nurse and the hospital and that reasonable care under such...
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Fergison v. Belmont Convalescent Hospital, Inc.
...a certain duty of care or, in our context, requires a certain degree of restraint. For example, Memorial Hospital, South Broward Hospital Dist. v. Doring, Fla.App.1958, 106 So.2d 565, 566, held that a physician's order of 'absolute bed rest' for a patient who had a broken shoulder and who w......
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Lab v. Hall
...Fla.App.1960, 121 So.2d 682; Marsh v. City of St. Petersburg, Fla.App.1958, 106 So.2d 567; Memorial Hospital, South Broward Hospital District v. Doring, Fla.App.1958, 106 So.2d 565. The party moving for a summary judgment has the burden of showing absence of a genuine issue of fact, and all......
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Leon v. Fox, 3D01-155.
...3d DCA 1986); Weems, M.D. v. Dawson, 352 So.2d 1196 (Fla. 4th DCA 1977), cert. denied, 359 So.2d 1221 (Fla.1978); Memorial Hosp. v. Doring, 106 So.2d 565 (Fla. 2d DCA 1958). (b) While there was testimony that certain antibiotics were prescribed in an improperly inadequate quantity, the reco......
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Florida Patient's Compensation Fund v. Tillman, s. 82-1197
...discussion for clarity.) St. Mary's argues that the evidence did not establish any standard of care, relying on Memorial Hospital v. Doring, 106 So.2d 565 (Fla. 2d DCA 1958). In that case, the doctor ordered complete bed rest for a patient. The patient was placed in a bed without rails (rai......