Reeves v. North Broward Hosp. Dist.

• Decision Date: 29 May 2002
• Docket Number: No. 4D01-1315.,4D01-1315.
• Citation: 821 So.2d 319
• Parties: Annie P. REEVES, Appellant, v. NORTH BROWARD HOSPITAL DISTRICT, d/b/a North Broward Medical Center, Appellee.
• Court: Florida District Court of Appeals

821 So.2d 319

Annie P. REEVES, Appellant, v. NORTH BROWARD HOSPITAL DISTRICT, d/b/a North Broward Medical Center, Appellee.

No. 4D01-1315.

District Court of Appeal of Florida, Fourth District.

May 29, 2002.

Rehearing Denied July 8, 2002.

David M.W. Setzler of Avolio & Hanlon, P.C., St. Augustine, for appellant.

Linda Spaulding White of Conrad & Scherer, LLP, Fort Lauderdale, for appellee.

HAZOURI, J.

This case arises from Annie P. Reeves's two count complaint for negligence and medical negligence against the North Broward Hospital District d/b/a the North Broward Medical Center ("the Hospital"). The trial court entered summary judgment for the Hospital.

On March 14, 1998, Reeves, a home health care and dialysis nurse, visited one of her patients, Harold Glotzer. Finding him in a weakened state, she took him to the Hospital's emergency room. After several hours in the emergency room, Glotzer was admitted to the hospital. Reeves accompanied an emergency room technician, Christopher Sampson, as he transported Glotzer on a gurney to a hospital room. Sampson's duties included transferring patients from gurneys to beds. The first step in such a transfer is to lock the two beds together. If there is no one aiding in the patient transfer, the bed railing on the opposite side should be in the upright position to prevent the patient from rolling off the bed during the transfer. Four methods can then be used for the transfer: (1) the sheet method, moving the sheet upon which the patient lies from one bed to another; (2) using a slide board similar to the sheet; (3) having the patient "scoot"; and (4) having the patient roll across.

In this case, Sampson positioned the gurney next to the hospital bed to effectuate a rolling transfer but did not place the bed railing on the opposite side in the upright position. Sampson instructed Glotzer to roll from the gurney onto the hospital bed. During this transfer, Reeves stood at the foot of where the hospital bed and gurney came together but did not assist in the rolling transfer. Believing the patient was about to roll off the far side of the bed, Reeves jumped across the bed and tried to secure the patient by grabbing his upper torso. Reeves testified that Sampson also realized the patient was still rolling but could not reach him in time.

When Reeves grabbed the patient, she felt an electric shock across her lower back, mostly on the left side, and severe pain going down her buttock area into her left leg. At his deposition, Sampson denied that the incident happened in the manner Reeves claimed and testified he would have referred her to the emergency room and filed an incident report if it did. However, when he was later asked whether the incident happened as Reeves described, Sampson answered that he did not remember. He specifically did not remember whether the bed rail was in the upright position.

Reeves filed a two count complaint against the Hospital. Count I was labeled "Negligence" and alleged that Sampson "negligently failed to put up the safety rail on the far side of the bed" and as a result, when it appeared Glotzer would roll off the other side of the bed, Reeves attempted "to rescue him by catching his person." It was further alleged that the Hospital failed to properly train and supervise Sampson. Count II was labeled "Medical Negligence" which contained the same factual allegations with additional allegations of complying with the pre-suit requirements in Chapter 766, Florida Statutes (Supp. 1998).

The Hospital moved for summary judgment, arguing (1) it did not owe Reeves a legal duty because she was not within the reasonably foreseeable zone of risk, (2) Reeves solely caused her injuries by grabbing Glotzer without any evidence he would have fallen, and (3) Reeves' statutory medical malpractice claim must fail as it is not "a claim arising out of the rendering of, or failure to render, medical care or services" to Reeves and Sampson is not a "health care provider." Reeves responded that a cause of action for ordinary negligence is supported by "The Rescue Doctrine" and Sampson, as an employee of the Hospital, meets the statutory definition of a "health care provider." The trial court granted the Hospital's motion and entered final summary judgment in its favor.

A trial court may enter summary judgment only when there are no genuine issues of material fact conclusively shown from the record and the movant is entitled to judgment as a matter of law. See Albelo v. S. Bell, 682 So.2d 1126, 1129 (Fla. 4th DCA 1996). All doubts and inferences must be resolved against the moving party, and if there is the slightest doubt or conflict in the evidence, then summary judgment is not available. See id. Moreover, in negligence cases, summary judgments should be cautiously granted. See Gonzalez v. B & B Cash Grocery Stores, Inc., 692 So.2d 297, 299 (Fla. 4th DCA 1997) (citing Moore v. Morris, 475 So.2d 666, 668 (Fla.1985)). The standard for review of an order granting summary judgment is de novo. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000).

Reeves contends that the trial court erred in granting summary judgment as to count I, because Sampson created a situation of peril as to Glotzer and it was foreseeable that Reeves would attempt to "rescue" Glotzer from this peril of rolling off...