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[T] Hambleton v. Christiana Care Health Services9/25/2000
Submitted: June 13, 2000
ORDER
This 25th day of September 2000, it appears to the Court that:
1) This is an appeal by the plaintiffs from a final judgment in favor of the defendants entered by the Superior Court in a medical malpractice action. The action was filed by Joanne Hambleton, personally and in her capacity as Executrix of the estate of her mother, Frances Albanese. The complaint alleged that an employee of the defendant, Christiana Care Health Services, Inc. ("Christiana Care"), the defendant Kay Taylor ("Nurse Taylor"), was negligent in rendering care to the decedent, Frances Albanese ("Albanese"). The circumstances giving rise to this action occurred on December 30, 1995 when Albanese was a patient on the Step-Down Unit at the Wilmington Division of Christiana Care.
2) The appellants have raised three issues on appeal. First, the appellants contend that the Superior Court erroneously denied the plaintiffs' motion for a directed verdict on the issue of negligence. Second, the appellants argue that the Superior Court erroneously precluded the plaintiffs' attorney from arguing that Nurse Taylor acted negligently subsequent to the time that she left the decedent's room at approximately 1:30 p.m. Finally, the appellants argue that the Superior Court erroneously directed a verdict in favor of the defendants on the issue of punitive damages.
3) Seventy-year-old Albanese was taken to the emergency room of the Wilmington Division of Christiana Care on December 20, 1995. The emergency room doctors concluded that Albanese was experiencing severe respiratory distress. The emergency room physicians intubated Albanese, placed her on a ventilator, and admitted her to the Intensive Care unit. Apparently, Albanese was concurrently suffering from kidney failure and congestive heart failure.
4) After several days, the attending physician moved Albanese to the Step-Down Unit and replaced the tube and ventilator with an oxygen mask. While in the Step-Down Unit, Albanese was placed on a pulse oximeter. This is a machine which continuously monitors a patient's blood oxygen level and pulse rate through a sensor placed on the patient's finger. The pulse oximeter emits a loud alarm and flashes if the blood oxygen level rises or falls below a pre-programmed level. The pulse oximeter alarm is pre-set to be audible at the nurse's station. It was audible on December 30, 1995.
5) On December 30, 1995, Nurse Michele Tuel ("Nurse Tuel") was assigned to provide nursing care to Albanese. When Nurse Tuel went to lunch, she transferred responsibility for her patients, including Albanese to Nurse Taylor.
6) Albanese's pulse oximeter alarm sounded at approximately 1:15 p.m., Albanese's daughter, Joanne Hambleton ("Hambleton") and her husband, Ben Hambleton ("Ben"), were in the room when the alarm sounded. The alarm rang for five minutes before Ben walked to the nurses' station and asked Nurse Taylor to provide assistance to Albanese. According to Ben, the alarm was audible at the nurses' station. Nurse Taylor agreed to respond.
7) When Nurse Taylor failed to respond to his request, Ben activated the nurse's call button. The signal is received at the nurses' station. Nurse Taylor, upon hearing the call signal, "remembered" that she had been asked to provide nursing assistance to Albanese. Nurse Taylor testified she "forgot" about the request because she was asked to help with another patient by the other nurse on duty.
8) Nurse Taylor entered Albanese's room approximately ten minutes after Ben's initial request for assistance. Ben testified that Nurse Taylor appeared agitated. Prior to trial, Nurse Taylor t
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