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Murphy v. Bernice Community Rehabilitation Hospital10/26/2005
carried out. If a fracture or major injury is suspected, the patient should be made comfortable until an emergency medical unit arrives. There was some testimony that a "pop" was heard when the right leg was straightened and that some of BCRH's employees suspected this indicated a fracture. However, the testimony and circumstances suggest that the "pop" was from the right leg; the fracture diagnosed over six days later was of the left femur. Thus, the record establishes no connection between the "pop" and the fracture. Ms. Murphy's left leg was positioned straight out in front of her and was not in an unnatural position. The record does not establish that she was in any great pain following the incident. In fact, BCRH's medical records show that she had no complaints following the incident. Tammy Thomas, the nurse who straightened Ms. Murphy's right leg, testified that she asked Ms. Murphy if she was hurt, and Ms. Murphy said she was not. We find that the jury could have determined that BCRH did not violate its first aid fall policy as there was no indication that Ms. Murphy was injured from being eased to the ground or that she had fractured her left femur.
From our review of the record, we believe the jury could have concluded that Ms. Murphy did not fracture her left femur when alleged. The record is replete with expert testimony describing the severe, excruciating pain that a fractured femur would cause. Such intense pain would not be overlooked for six days by medical professionals. The medical experts testified that a femur fracture would inhibit movement of the patient and would be noticeable due to the lack of control a patient would have over the leg. The record is also replete with instances after the incident of March 27, 2002, of Ms. Murphy exercising at physical therapy and being moved about without any indications of the type of intense pain or problems that a person with a broken femur would likely exhibit. Ms. Murphy had pain in the area of her left knee along with swelling upon her admission to BCRH, and she complained of pain to varying degrees throughout her stay there. However, the record establishes that she began having a more intense pain on April 1, 2002, while at MMC and that the quality of these complaints suggested that a major injury was present. The experts largely agreed that the fracture likely occurred sometime on April 1, 2002.
Lastly, we find that the jury could have reasonably concluded that BCRH did not breach the standard of care by failing to advise a physician about the nursing assessment of left-sided weakness made on March 25, 2002. First, we do not know whether the nurse made this determination or whether the nurse charted what was reported by Ms. Murphy or her daughter. Second, when Ms. Murphy went to Dr. Shaw's office that same day, her daughter told Dr. Shaw that Ms. Murphy had left-sided weakness, but Dr. Shaw did not detect objective signs of such weakness when he examined Ms. Murphy. Dr. Mays also did not detect any left-sided weakness when he examined Ms. Murphy on March 26, 2002. Third, BCRH took steps to address Ms. Murphy's condition by determining that Ms. Murphy would require assistance with her ADL's and with ambulation and that she would use a wheelchair. Our review of the record reveals no manifest error in the jury's finding that BCRH did not breach the standard of care in its treatment of Ms. Murphy.
CONCLUSION
For the reasons stated in this opinion, we affirm the trial court's judgment dismissing Ms. Murphy's claims against Dr. Mays, Dr. Shaw, and Bernice Community Rehabilitation Hospital. Costs assessed to appellant.
AFFIRMED.
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