Schoening v. Grays Harbor Community Hosp.
| Decision Date | 18 April 1985 |
| Docket Number | No. 6865-6-II,6865-6-II |
| Citation | 40 Wn.App. 331,698 P.2d 593 |
| Court | Washington Court of Appeals |
| Parties | Alison M. SCHOENING and Larry Schoening, husband and wife, Appellants, v. GRAYS HARBOR COMMUNITY HOSPITAL, Respondents, and Charles Ward, M.D. and Jane Doe Ward, a marital community; Thomas Wu, M.D. and Jane Doe Wu, a marital community; P. Koeniger, M.D. and Jane Doe Koeniger, a marital community; Hoquiam Obstetrical & Gynecological Clinic, P.S., a Washington corporation, Remaining defendants. |
Laurie Kinerk, Seattle, for appellants.
A. Clarke Johnson, Todd M. Worswick, Tacoma, for respondents.
Alison and Larry Schoening appeal a summary judgment order dismissing their claim that the Grays Harbor Community Hospital was liable for treatment received by Alison Schoening at that hospital. We reverse and remand for trial.
The Schoenings' first child was born on September 22, 1980 at the Grays Harbor Community Hospital. The child and mother were released from the hospital two days later. That night Mrs. Schoening returned to the hospital's emergency room complaining of breast engorgement and perineal tenderness. Unable to reach her physician, Dr. Charles Ward, emergency room personnel summoned Dr. Thomas Wu, who was taking Dr. Ward's calls. Dr. Wu prescribed antibiotics and sent Mrs. Schoening home. In the early morning hours of the next day, September 25, 1980, she returned to the emergency room. She said the pain was worse, and she was feeling faint. Dr. Ward admitted her to the hospital and suggested that surgery might be required. The Schoenings said they would like a second opinion on surgery and, thereafter, Dr. Ward ceased treating her. At the request of Dr. Ward and Mrs. Schoening's family, Dr. Wu then assumed responsibility for the care of Mrs. Schoening. Alison Schoening remained at Grays Harbor Community Hospital for seven days. During this time Dr. Wu consulted with Dr. Alan Failor, an Internal Medicine specialist employed at the United States Public Health Service, and the two doctors treated Mrs. Schoening with antibiotics. However, her condition continued to deteriorate, and by October 2, 1980, it was deemed "life threatening." Dr. Wu then consulted specialists at the University of Washington, performed exploratory surgery and transferred Mrs. Schoening to the University of Washington Medical Center. She remained there until October 27, 1980, undergoing a colostomy and other surgery.
This suit was commenced by the Schoenings in September 1981 against the Grays Harbor Community Hospital and the three doctors who treated Mrs. Schoening there. The hospital moved for summary judgment and presented argument. The trial judge filed a memorandum decision in which he indicated the hospital's motion would be granted. The Schoenings moved for reconsideration of that decision and filed an affidavit of Michael J. Miller, M.D. in support of their motion. The court considered Miller's affidavit, but adhered to its earlier decision. 1
The Schoenings argued that the hospital could be liable for the negligent acts of the doctors under theories of respondeat superior and corporate negligence. Recovery under the first theory has been precluded by a settlement with the doctors. 2 If the doctors were agents of the hospital, the hospital was released from liability by their satisfaction of the claim. Glover v. Tacoma General Hospital, 98 Wash.2d 708, 658 P.2d 1230 (1983). This point was conceded by plaintiffs at the hearing before this court.
The second theory, that the hospital has independent liability, is not disposed of by the settlement, however. It is based on the proposition that a hospital owes an independent duty of care to its patients. This duty was recognized in Pedroza v. Bryant, 101 Wash.2d 226, 677 P.2d 166 (1984), which expressly applied the theory of corporate negligence to hospitals. The court points out in Pedroza, 101 Wash.2d at 231, 677 P.2d 166, that the doctrine reflects the public's conception of the modern hospital as a multifaceted health care facility "responsible for the quality of medical care and treatment rendered."
Although the trial court did not have the benefit of Pedroza, the same reasoning is present in earlier cases. In Osborn v. Public Hospital Dist., 80 Wash.2d 201, 205, 492 P.2d 1025 (1972), the court said:
We hold there was a responsibility of the hospital attendants to administer to the physical safety of this patient as their reasonable observation of Omer H. Osborn's state of mind and physical condition at that time would reveal, independent of the implied direction from the attending physician as of the day before.
In a similar vein the Supreme Court pointed out in Teig v. St. Johns Hospital, 63 Wash.2d 369, 373, 387 P.2d 527 (1963):
It is not disputed that all authorities hold that private hospitals owe to their patients such ordinary care and attention as the mental and physical condition of such patients reasonably requires....
Furthermore, RCW 4.24.290 provides that the applicable standard of care for a hospital is "to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, ..."
The question then is: Did the hospital violate this standard of care by its failure to intervene in the treatment of Mrs. Schoening? The trial court determined as a matter of law that it had not. That decision was proper only if there is no genuine issue as to any material facts, considering all the facts submitted and all reasonable inferences from the facts in the light most favorable to the non-moving party. Wendle v. Farrow, 102 Wash.2d 380, 686 P.2d 480 (1984).
Applying the aforementioned principles to this case, we conclude that a fact question exists concerning whether the Grays Harbor Community Hospital met its duty of care to its patients. Under the cases cited, the hospital clearly has a duty to monitor the treatment of its patients and intervene if there is obvious negligence. According to Dr. Miller's affidavit, that standard of care was not met. 3 He states:
5. Based upon my familiarity with the applicable standards of practice and a review of the records indicated above, I am of the opinion that the required minimum medical standards of practice were violated and not maintained by Grays Harbor Community Hospital during the hospitalization and care provided to Alison Schoening. This opinion is based upon the care rendered commencing with the Emergency Room visit on the late evening of September 24, 1980; Ms. Schoening's admittance to the hospital on...
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