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Lewis v. Ohio State University Medical Center8/31/2004
MAGISTRATE DECISION
{ } Plaintiff brought this action against defendants, Ohio State
{ } University Medical Center (OSUMC) and the Ohio Department of Rehabilitation and Correction (DRC), alleging claims of negligence and wrongful death. The issues of liability and damages were bifurcated and the case was tried to a magistrate of the court on the issue of liability.
{ } At all times relevant to this action, the decedent, Michael Byrd, was an inmate in the custody and control of DRC pursuant to R.C. 5120.16. It is undisputed that Byrd was admitted to OSUMC in August 1999 for repair of an abdominal wall hernia and that the operation was performed by Dr. Anant Praba. The surgery was uneventful and Byrd was returned to prison the same day. Over the next several months, the hernia recurred and after re-examining Byrd in January 2000, Dr. Praba recommended another surgical repair. When Byrd subsequently developed an open, ulcerated area at the hernia site, he was admitted to OSUMC on February 28, 2000, for emergent hernia repair utilizing mesh to reinforce the weakened areas of the abdominal wall. According to plaintiff, medical records maintained by DRC documented that Byrd had previously tested positive for Hepatitis B and C, and that his laboratory test results, such as a decreased platelet count and abnormal liver function values, were indicative of Byrd's underlying, albeit asymptomatic, liver disease. Plaintiff alleged that DRC was negligent in failing to ensure that these records accompanied Byrd when he was transported to OSUMC for the second surgery.
{ } On March 1, 2000, Byrd underwent the second surgical procedure. Dr. Charles Cook, who performed the surgery, noted during the procedure that ascitic fluid was present in the abdominal cavity. The hospital records reflect in the progress notes that Dr. Cook drained approximately 1,200 ccs of ascitic fluid from Byrd's abdomen and that the hernia was repaired. After surgery, Byrd was transported to a room designated for inmate patients at OSUMC. The room was staffed at all times with at least one corrections officer (CO) and by nurses employed by the hospital to provide patient care.
{ } According to the testimony and evidence presented at trial, Byrd's postoperative course was initially uneventful. His vital signs (blood pressure, pulse, respiratory rate, and temperature) were within normal limits and he did not seem to be experiencing any unusual distress. The nurses' notes reflect that he tolerated
{ } sips of clear liquids and ambulated with assistance to the restroom. Although Byrd did exhibit some bruising and swelling across the abdomen, the medical staff attributed the swelling to either trapped gas in the intestines or to recurrent ascites. On March 4, 2000, a medical student opined in the progress notes that Byrd may need a paracentesis, a procedure to drain the ascites. Additionally, postoperative laboratory results revealed that Byrd did indeed test positive for Hepatitis B and C. His daily blood counts showed that there was a slow, gradual drop in his hemoglobin and hematocrit levels.
{ } At approximately 1:30 a.m., on March 5, 2000, Byrd was observed by his nurse, Robert Gibson, to be agitated, confused, and attempting to climb out of bed. Nurse Gibson testified that he believed that Byrd was experiencing an adverse reaction to the medication Phenergan that had been administered to him earlier in the evening. Gibson recalled that Byrd's vital signs were taken at midnight and that they were within normal limits. According to Gibson, he called Dr. Eric Stine, the doctor on call for the surgical service, and was given verbal orders for soft restraints to be applie
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