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Brookwood Center v. Lindstrom2/11/2000
her restraints? "A. Yes. "Q. And throughout your shift, did you monitor her appropriately? "A. Yes. "Q. Did you meet the standard of care in giving your care to Ms. Lindstrom? "A. Yes, I did. "Q. Did you do what you thought was best for her at all times during the shift? "A. Yes, I did. "Q. Well, you found out, I guess, the next day, that she had fallen? "A. Yes. "Q. Were you surprised? "A. Yes. "Q. Why were you surprised? "A. Because she was restrained when I left. "Q. Well, let's talk about that a minute. Now, in your experience have you seen where patients have gotten out of restraints before? "A. Yes, I have. "Q. Well, is it your opinion, Karen, that patients who are properly restrained in a vest and wrist restraints can get out of their restraints? "A. Yes, they can. "Q. Can you explain that? "A. They just keep working at things and the slip knot gets tighter down there, which makes the restraint looser. Sometimes they can slip the whole wrist off this way. "Q. The wrist restraint, itself, they can slip it? "A. Yes. They can slip that off their hand. "Q. Have you seen them do that before? "A. Yes, I have. ".... "Q. Have you seen it in your practice? "A. I sure have. "Q. Even when you are closely monitoring these patients, and even when those restraints are properly applied, have you seen it? "A. Yes, I have. "Q. You talked about constant attention. Is there any way you can be with a patient every second? "A. No. "Q. Why not? "A. Because I had several other patients that night. "Q. You have other patients to take care of? "A. Correct. "Q. But in this case were you with Ms. Lindstrom frequently? "A. Very frequently. "Q. Did you monitor her appropriately? "A. Yes, I did." (Reporter's Transcript at 298-317.)
In this connection, " hen evidence points equally to inferences that are favorable and to inferences that are unfavorable to the moving party, the evidence lacks probative value; and the evidence may not be used to support one inference over another because such use is mere conjecture and speculation." Turner v. Azalea Box Co., 508 So. 2d 253, 254 (Ala. 1987). Thus, evidence that equally establishes the possibility that Lindstrom slipped out of a properly secured wrist restraint and the possibility that she escaped from an improperly secured wrist restraint does not constitute substantial evidence of a breach of the standard of care.
In short, there was no "disputed issue of fact upon which reasonable persons could differ." Teague, 638 So. 2d at 837. The trial court erred, therefore, in denying Brookwood's motion for a judgment as a matter of law.
For these reasons, the judgment of the trial court is reversed and the cause is remanded for an order or further proceedings consistent with this opinion.
REVERSED AND REMANDED.
Maddox, Houston, See, Lyons, Brown, and England, JJ., concur.
Johnstone, J., dissents.
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