TN: was hospital liable for patient's fall?: Court held nurse expert's testimony deficient.(Case overview)

CASE FACTS: Sharon Geesling, a disabled 56 year-old woman, was admitted to the ER at Cumberland River Hospital on June 17, 2005, by Clay County Adult Services (CCAS) due to possible neglect after she was found in her home by CCAS dehydrated and with missing medications. She was found to have a Stage I decubitus ulcer to the right side of her coccyx. She was transferred to Livingston Regional Hospital's ER on June 17, 2005, when Dr. Larry Mason made an initial diagnosis of adult neglect. She was subsequently transferred to Livingston Regional for admission and to obtain an Adult Protective Service evaluation/consult. Her admitting diagnosis was for possible abuse, protective service, and left hemiplegia. She remained at Livingston Regional until June 23, 2005, the date of her fall. At 5:30 on the afternoon of June 23, 2005, she was taken via wheelchair to be weighed. Upon returning to her room, she informed the nurse, Melanie Moore, that she did not want to return to bed. Nurse Moore gave her the call light to hold and then allowed her to remain in her wheelchair. For approximately forty-five minutes, Nurse Moore and a C.N.A., continued to monitor her by checking on her and asking if she was ready to get back in bed. At approximately 6:40, she was found on the floor with a laceration to her right eye, edema in her right orbital area, and with two fingers bruised. She was transferred to a stretcher via a back board and taken to the ER to be evaluated and for a CT scan of the head. The impression of her head CT revealed a right subdural hematoma with mass effect and a blood interhemispheric fissure, which may have represented a subdural interhemispheric collection of subarachnoid blood. There was also a mild right-to-left midline shift of at least 5mm. She was transferred to Cookeville Regional Medical Center, where she died on June 26, 2005. Her husband filed suit for medical malpractice individually, and on behalf of the decedent's estate. The complaint alleged that the nursing staff at Livingston Regional Hospital violated the applicable standard of care, thereby causing decedent's fall and eventual death. The Circuit Court granted the defendant's motion for summary. The plaintiff appealed.

COURT'S OPINION: The Court of appeals of Tennessee affirmed the summary judgment entered for the hospital by the Circuit Court. The court held, inter alia, that the affidavit of the plaintiff's expert was deficient since she failed to state that she was familiar with the standard of care that applied to nurses, regardless of the type of medical community involved or to that of a similar community. Further, she failed to state, or otherwise establish what any alleged nursing standard required, but instead, merely offered general criticisms and deviations from unidentified and undefined standards. Geesling v. Livingston Reg. Hosp. 2008-TN-1223.259 (12/18/2008)--TN

Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law Practicing law for over 40 years. he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's. Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers. Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.

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