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Long v. HCA Health Services of Tennessee3/26/2002
Facts and Procedural History
On February 5, 1998, Minnie Lorena Long (Ms. Long), an elderly lady, was transferred from Williams Medical Center to HCA Health Services of Tennessee d/b/a Southern Hills Medical Center (Southern Hills). Southern Hills is a nursing/rehabilitive center for the elderly. Ms. Long was transferred to Southern Hills to receive physical therapy and rehabilitation following two surgeries she had recently undergone.
Southern Hills has a policy of identifying patients at a high risk for falls or other injury. To be considered high risk, a patient needs to meet several of the following criteria: previous falls, confusion, blindness, under the influence of certain drugs, or over seventy years of age. Once deemed a high risk patient, a red flag is placed on the door jam of the patient's door to alert personnel of the patient's condition. Upon Ms. Long's admittance to Southern Hills, she was placed on high risk status and a red flag was placed on her door in accordance with Southern Hills' policy.
On February 12, 1998, Tony Odom (Mr. Odom), a certified nurse technician (C.N.T.) employed by Southern Hills, observed Ms. Long standing in her room with a walker attempting to pull on her pants. Mr. Odom helped Ms. Long back to her chair and instructed her not to get back up until he returned. Upon Mr. Odom's departure from the room, Ms. Long got back up out of her chair to pick up a hair brush and fell, fracturing her hip. Mr. Odom returned to Ms. Long's room four to five minutes later and found her on the floor complaining of hip pain. The injuries to Ms. Long's hip required surgery to repair.
On February 9, 1999, Ms. Long filed suit against Southern Hills. The complaint alleged that Southern Hills acted negligently and failed to adhere to the appropriate standard of care with respect to Ms. Long's accident. Further, the complaint alleged that Southern Hills' failure to adhere to the standard of care proximately caused Ms. Long's injuries. The complaint sought damages for pain and suffering as well as medical expenses. On May 8, 2000, a jury was empaneled and the case proceeded to trial. Ms. Long presented testimony from several witnesses including that of Jeanette Hoppe, C.N.T. (Ms. Hoppe). Ms. Hoppe provided expert testimony as to the applicable standard of care for C.N.T.'s such as Mr. Odom. Ms. Hoppe indicated that under the circumstances, to have complied with the standard of care and Southern Hills' policy, Mr. Odom should have immediately called a nurse, remained with Ms. Long until the nurse arrived, ensured Ms. Long's safety, and found out the reasons Ms. Long was out of her chair in order to assist her with her needs. Based on this standard of care, Ms. Hoppe concluded that in her opinion, Mr. Odom was negligent.
During the course of the trial, Southern Hills motioned the court for a directed verdict three times. The court reserved ruling on the first motion, which was made at the close of Ms. Long's proof. The second motion, made during Southern Hills' presentation of proof, was granted as to all of Ms. Long's grounds for negligence except whether Southern Hills "carelessly and negligently failed to monitor the condition of [Ms. Long]." Finally, at the close of all proof, Southern Hills made its third motion, which was denied by the court.
Before the jury was charged, the court made the determination that the case "was a hybrid of common law negligence and medical negligence." Given the distinctive characteristics of the case, the court allowed Ms. Long to choose whether to submit the matter to the jury as a common law negligence claim, a medical malpractice claim, or both. Ms. Long chose to proceed under com
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