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Brookwood Center v. Lindstrom2/11/2000
OCTOBER TERM, 1999-2000
Brookwood Medical Center appeals from a judgment entered on a jury verdict in favor of the plaintiff Woodie Lindstrom. We reverse and remand.
On June 13, 1995, Woodie Lindstrom, then age 77, was admitted to the hospital operated by Brookwood Medical Center ("Brookwood") for observation in connection with a "heart flutter." That night, she was "agitated" and confused about her location. Fearing that she might fall, the medical staff ordered her to remain in bed and raised the bed rails. Because she refused to stay in bed, she was given medication to induce sleep. Despite these measures, Lindstrom continued to get out of bed and to walk, "dragging" with her the medical apparatus to which she was connected.
Lindstrom's medical chart indicated that at approximately 1:00 a.m. she was restrained, in bed, by means of a "vest restraint" attached to the bed. Despite the vest restraint, Lindstrom managed to climb out of bed, and the medical staff found her standing beside the bed. A medical-chart entry made at 6:45 a.m. recorded the use of "wrist restraints" as a supplemental measure. Specifically, the notation read: "Resting at this time, vest and wrist restraints on." However, at approximately 7:20 a.m., Lindstrom climbed out of bed, fell, and broke her hip.
On January 29, 1996, she sued Brookwood, alleging that it had "negligently caused or ... allowed to fall in her room." The action was tried to a jury. The court denied Brookwood's motion for a judgment as as matter of law, and the jury awarded Lindstrom $162,500. The court entered a judgment on that verdict. Brookwood has appealed, contending that, as to the question whether Brookwood breached the standard of care it owed Lindstrom, she had failed to produce evidence sufficient to overcome its motion for a judgment as a matter of law. We agree with this contention.
A judgment as a matter of law "is proper (1) where the nonmoving party has failed to present substantial evidence regarding some element essential to her claim, or (2) where there is no disputed issue of fact upon which reasonable persons could differ." Teague v. Adams, 638 So. 2d 836, 837 (Ala. 1994). "In medical malpractice cases, the plaintiff must prove that the alleged negligence 'probably caused the injury .'" McAfee v. Baptist Medical Ctr., 641 So. 2d 265, 267 (Ala. 1994). "The plaintiff must prove the alleged negligence through expert testimony, unless an understanding of the alleged lack of due care or skill requires only common knowledge or experience." Id.
The only evidence Lindstrom produced relating to the question whether Brookwood breached the appropriate standard of care consisted of the testimony of Brookwood's own medical personnel. Lindstrom argues: "There is no requirement that [proof of] the standard of care must come from an independent expert -- it can be provided by the Defendant." Brief of Appellee, at 14 (emphasis added). To be sure, "the defendant himself can establish the expert testimony required in a medical negligence case." Dobbs v. Smith, 514 So. 2d 871, 872 (Ala. 1987). But such evidence, to serve the purpose for which the plaintiff attempts to use it, must not only identify the standard, but also identify conduct that amounts to a breach of that standard. See Dobbs, supra. (testimony of defendant-expert did not establish "a deviation from standard"). In other words, expert testimony in a medical- negligence case must show in what respect the defendant's conduct deviated from the appropriate standard. That is the sense in which Lindstrom's evidence was deficient.
Specifically, the standard of care was established through the testimony of Nurse Karen Stamps.
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