Roper v. Coosa Valley Health Care

• Decision Date: 01 October 2000
• Citation: 789 So.2d 208
• Parties: (Ala. 2000) (Re: S.W. Roper v. Coosa Valley Health Care, Inc., d/b/a Coosa Valley Health Care, et al.) Ex parte Coosa Valley Health Care, Inc. 1990702
• Court: Alabama Supreme Court

789 So.2d 208 (Ala. 2000)

(Re: S.W. Roper v. Coosa Valley Health Care, Inc., d/b/a Coosa Valley Health Care, et al.)

Ex parte Coosa Valley Health Care, Inc.

1990702

SUPREME COURT OF ALABAMA OCTOBER TERM, 2000-2001

12/29/2000

PETITION FOR WRIT OF MANDAMUS (Etowah Circuit Court, CV-99-324)

BROWN, Justice.

Coosa Valley Health Care, Inc. ("Coosa Valley"), one of the defendants in a civil action pending in the Etowah Circuit Court, petitions for a writ of mandamus directing Judge Donald W. Stewart to vacate or amend his discovery orders of October 27, 1999, and December 27, 1999, compelling Coosa Valley to produce certain information and materials requested by the plaintiff. Coosa Valley contends that discovery of this information and these materials would contravene § 6-5-551, Ala. Code 1975, a portion of the Medical Liability Act of 1987.

I.

In 1991, after experiencing complications from a stroke, Lucille A. Roper became a resident of a nursing-home facility operated by Coosa Valley. Mrs. Roper resided at the Coosa Valley facility from 1991 until February 15, 1999, when she was discharged to Gadsden Regional Hospital. On March 1, 1999, Mrs. Roper was admitted to McGuffey's Nursing Home. McGuffey's Nursing Home is not affiliated with Coosa Valley. Mrs. Roper resided at McGuffey's until March 23, 1999, when she was again admitted to Gadsden Regional Hospital; she died at that hospital on March 24, 1999. At the time of her death, Mrs. Roper was 91 years old.

On March 22, 1999, two days before her death, Mrs. Roper, acting by and through her son, S.W. Roper, sued Coosa Valley. The complaint described a number of fictitiously named defendants. Following Mrs. Roper's death, her son filed an amended complaint, adding McGuffey's and Gadsden Regional Hospital as defendants. On September 24, 1999, the trial court ordered that S.W. Roper be substituted as plaintiff in this action, and a second amended complaint was filed on October 28, 1999, to effectuate this change.

The complaint alleged, among other things, negligence in the treatment Mrs. Roper received while a resident of the Coosa Valley facility. The complaint alleged that Coosa Valley had provided Mrs. Roper negligent care, and it alleged the following, based on that alleged negligent care:

"LUCILLE A. ROPER suffered catastrophic injuries, extreme pain, suffering and mental anguish. The scope of severity of the recurrent negligence inflicted upon LUCILLE A. ROPER while under the care of the [Coosa Valley] facility accelerated the deterioration of her health and physical condition beyond that caused by the normal aging process and resulted in the physical and emotional trauma described below:

"a) Bedsores, otherwise known as decubitus ulcers or pressure sores which slowly developed on LUCILLE A. ROPER causing her to undergo otherwise unnecessary surgeries and medical treatments as well as causing excruciating pain, suffering and mental anguish;

"b) Ulcerated, pus-infiltrated and festering necrotic pressure sores and lesions on the body of LUCILLE A. ROPER which became so grossly infected and contaminated that the wound infection spread into her blood stream;

"c) Sepsis and blood-borne toxic infections;

"d) Malnutrition;

"e) Dehydration;

"f) Urinary Tract Infection;

"g) All of the above identified injuries as well as the conduct specified below caused LUCILLE A. ROPER to lose her personal dignity; caused her great shame and humiliation; caused extreme and unnecessary pain, degradation, anguish and emotional trauma; and, resulted in the amputation of her leg on November 20, 1998."

As part of the negligence claims, Roper also asserted that Coosa Valley had been negligent in hiring its employees and that it had failed to adequately train and supervise them.

Count one of the complaint alleges that Coosa Valley and certain fictitiously named defendants were negligent, wanton, or reckless in the following respects:

"a) The failure to provide sufficient numbers of qualified personnel including nurses, nurse assistants, medication aides, and orderlies (hereinafter `nursing personnel'), to meet the total needs of LUCILLE A. ROPER in conjunction with the needs of other residents of COOSA VALLEY HEALTH CARE.

"b) The failure to increase the number of nursing personnel at COOSA VALLEY HEALTH CARE to [ensure] that LUCILLE A. ROPER:

"1. received prescribed treatment, medication, and diet;

"2. received necessary fluids and water to prevent dehydration and infection;

"3. received necessary nutrition.

"c) The failure to provide nursing personnel sufficient in number to provide proper care to LUCILLE A. ROPER and other residents at COOSA VALLEY HEALTH CARE so as to keep LUCILLE A. ROPER clean and comfortable and to prevent the formation of decubitus ulcers, lesions and sores on her body.

"d) The failure to provide adequate supervision to the nursing staff so as to assure that LUCILLE A. ROPER received adequate and proper nutrition, fluids, therapeutic diet, sanitary care treatments, medications, repositioning, turning and skin care to prevent the formation of decubitus ulcers, lesions, and sores, decubiti care to prevent infection, and sufficient nursing observation and examination of the responses, symptoms and progress in the physical condition of LUCILLE A. ROPER.

"e) The failure to adequately assess, evaluate and supervise nurses, [nurses'] aides or assistants, medication assistants, dietary personnel and laundry personnel so as to assure that LUCILLE A. ROPER received good, proper nursing care, in accordance with COOSA VALLEY HEALTH CARE policy and procedures manual, the Rules of the Alabama State Board of Health for nursing facilities, and the regulations of the U.S. Department of Health and Human Services.

"f) The failure of the Defendants to adequately supervise the Administrator of COOSA VALLEY HEALTH CARE.

"g) The failure to adequately supervise the Director of Nurses at COOSA VALLEY HEALTH CARE.

"h) The failure to provide a nursing staff that was properly manned, qualified, trained and motivated.

"i) The failure to adequately screen, evaluate, and check references, test for competence, and use ordinary care in selecting nursing personnel to work at COOSA VALLEY HEALTH CARE.

"j) The failure to terminate employees at COOSA VALLEY HEALTH CARE assigned to LUCILLE A. ROPER that were known to be careless, incompetent, unwilling to comply with the policy and procedures of Defendants and the rules and regulations promulgated by the Alabama State Board of Health.

"k) The failure to assign nursing personnel at COOSA VALLEY HEALTH CARE duties consistent with their education and experience based on:

"1. LUCILLE A. ROPER'S medication history and condition, nursing and rehabilitative needs;

"2. The characteristics of the patient population residing in the area of the facility where LUCILLE A. ROPER was a patient; and

"3. The nursing skills needed to provide care to such patient population.

"l) The failure to establish, publish and/or adhere to policies for nursing personnel concerning the care and treatment of residents with nursing, medical and psychosocial needs similar to those of LUCILLE A. ROPER.

"m) The failure to provide and assure an adequate nursing care plan based on the needs of LUCILLE A. ROPER at the time of her admission to COOSA VALLEY HEALTH CARE.

"n) The failure to provide and assure adequate nursing care plan revisions and modifications as the needs of LUCILLE A. ROPER changed.

"o) The failure to implement and assure that an adequate nursing care plan for LUCILLE A. ROPER was followed by nursing personnel.

"p) The failure to adopt adequate guidelines, policies and procedures for:

"1. investigating the relevant facts, underlying deficiencies or licensure violations or penalties found to exist at COOSA VALLEY HEALTH CARE by the Alabama State Board of Health or any state or federal survey agency;

"2. the cause of any such deficiencies, violations, or penalties; and

"3. the method and means for correcting deficiencies or licensure violations or penalties found to exist at COOSA VALLEY HEALTH CARE.

"q) The failure to adopt adequate guidelines, policies and procedures for determining whether COOSA VALLEY HEALTH CARE had sufficient numbers of nursing personnel which includes nurses, [nurses'] assistants, medication assistants, orderlies and other staff to:

"1. provide 24 hour nursing services;

"2. meet the needs of residents who are admitted to or remain in the facility;

"3. meet the total nursing needs of patients.

"r) The failure to adopt adequate guidelines, policies and procedures for documenting, maintaining files, investigating, and responding to any complaint regarding the quantity of patient care, the quality of patient care, or misconduct by employees at COOSA VALLEY HEALTH CARE, no matter whether such complaint derived from a resident of said facility, an employee of the facility or any interested person.

"s) The failure to take reasonable steps to prevent, eliminate and correct deficiencies and problems in patient care at COOSA VALLEY HEALTH CARE.

"t) The failure by the members of the governing body of COOSA VALLEY HEALTH CARE to discharge their legal and lawful obligation by:

"1. assuring that the rules and regulations designed to protect the health and safety of the patients, such as LUCILLE A. ROPER, as promulgated by the Alabama State Board of Health were consistently complied with on an ongoing basis;

"2. assuring that the patient care policies for Defendants were consistently complied with on an ongoing basis;

"3. assuring that the policy and procedures manuals for Defendants were updated and modified to address problems which consistently emerged at the facility; and

"4. responsibly assuring that appropriate corrective measures were implemented to cure problems concerning inadequate patient care.

"u) The failure to properly assess LUCILLE A. ROPER for the risk of development of decubitus...