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Woodward v. Research Medical Center8/23/2005
in in her right leg. After a few moments, Ms. Woodward lost consciousness and went into cardiac arrest. She was resuscitated and transferred to the intensive care unit where she went into cardiac arrest again. She suffered another episode when she was returned to the cardiac catheterization lab. As a result, Ms. Woodward sustained brain damage and subsequently had to be fed through a tube. In the months that followed, Ms. Woodward suffered a blood infection, bedsores, a bladder infection, and pneumonia, and had to undergo dialysis. An x-ray taken in November to pinpoint the source of stomach pain revealed a significant hip fracture that was traced to the fall. In November, she had a final cardiac arrest, and the decision was made to withdraw care, and she died.
In their first amended petition for damages, Mr. Woodward and the couple's daughter Sharon Foster alleged that Research was negligent because its nursing staff did not conform to the standard of care. Specifically, they alleged negligence in (i) "providing inadequate and under-trained staff to care for Mrs. Woodward," (ii) failing to adequately supervise staff assigned to care for Mrs. Woodward," (iii) failing to provide a sufficient number of staff to care for Mrs. Woodward," (iv) "failing to communicate between shifts regarding Mrs. Woodward's condition," (v) "failing to review Mrs. Woodward's chart before assuming the care of Mrs. Woodward," (vi) "failing to adequately assess Mrs. Woodward to determine whether she required assistance in walking to the restroom," (vii) "failing to offer the option of a bedside commode to Mrs. Woodward," (viii) "failing to adequately monitor Mrs. Woodward In their first amended petition for damages, Mr. Woodward and the couple's daughter Sharon Foster alleged that Research was negligent because its nursing staff did not conform to the standard of care. Specifically, they alleged negligence in (i) "providing inadequate and under-trained staff to care for Mrs. Woodward," (ii) failing to adequately supervise staff assigned to care for Mrs. Woodward," (iii) failing to provide a sufficient number of staff to care for Mrs. Woodward," (iv) "failing to communicate between shifts regarding Mrs. Woodward's condition," (v) "failing to review Mrs. Woodward's chart before assuming the care of Mrs. Woodward," (vi) "failing to adequately assess Mrs. Woodward to determine whether she required assistance in walking to the restroom," (vii) "failing to offer the option of a bedside commode to Mrs. Woodward," (viii) "failing to adequately monitor Mrs. Woodward's condition, including but not limited to her mental status, intake and output, blood sugar, blood pressure, and response to medication," (ix) "failing to institute a fall protocol for Mrs. Woodward," (x) "increasing the doseage of Mrs. Woodward's nitroglycerin without a physician order," (xi) "failing to communicate with Mrs. Woodward's physicians regarding changes in her condition," (xii) "failing to assist Mrs. Woodward in walking to the restroom," (xiii) "leaving the room while Mrs. Woodward attempted to walk to the restroom," (xiv) "failing to seek assistance from other staff in helping Mrs. Woodward to the restroom," (xv) "failing to adequately assess Mrs. Woodward after her fall," and (xvi) "failing to fully and adequately communicate the circumstances surrounding Mrs. Woodward's fall to her treating physicians."
As the surviving spouse and child, Mr. Woodward and Ms. Foster, respectively, sought damages for wrongful death under section 537.080. Mr. Woodward also sought damages for funeral expenses, health care bills and loss of consortium as part of his wrongful death claim. As personal representative of Ms. Woodward's estate, Mr. Woodward sought damages for his w
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