Bautista v. Guam Memorial Hospital Authority

Superior Court of Guam·Decided September 29, 2014·No. CV1058-11·Unknown

Opinion

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2 2O111SEP ?? M 3-'i 1 3 GLEr°:. ,i. 4 tip': 5 6 IN THE SUPERIOR COURT OF GUAM 7

8 MARIA DIANA BAUTISTA and LILIA S.B. CASE NO. CV 1058-11 APALE pka LILIA S. BAUTISTA, 9 Plaintiffs, 10 FINDINGS OF FACT & V. CONCLUSIONS OF LAW II

12 GUAM MEMORIAL HOSPITAL AUTHORITY, 13

14 Defendant.

16 INTRODUCTION 17 This matter came before the Honorable Vernon P. Perez on March 12 and 13, 2014 for a 1$ bench trial on the issue of liability. Plaintiff Maria Diana Bautista ("Plaintiff Bautista") was 19 represented by William L. Gavras, Esq., and Plaintiff Lilia S.B. Apale pka Lilia S. Bautista 20 ("Plaintiff Apale") was represented by Jeffrey A. Cook, Esq. Neither plaintiff was present at 21 the bench trial. Defendant Guam Memorial Hospital Authority ("GMHA") was represented by 22 Minakshi V. Hemlani, Esq. Having considered the evidence presented, the Court hereby makes 23 the following findings of fact and conclusions of law'. 24

25 ' At the conclusion of the bench trial on March 13, 2014, the Court invited the parties to submit proposed findings of fact and conclusions of law by April 10, 2014, but also indicated that it would consider filings if it did not yet 26 issue its own findings of fact and conclusions of law. Defendant GMHA requested an extension of that deadline to April 14, 2014, which the Court granted. Plaintiff Apale and Defendant GMHA submitted its proposed findings on 27 April 14, 2014, while Plaintiff Bautista filed its proposed findings on April 22, 2014. On April 23, 2014, Defendant moved to strike Plaintiff Bautista's proposed findings as it was not aware that another extension of the 28 deadline was sought or granted. The Court acknowledges that its instructions at the conclusion of trial indicated

Bautista v. GMHA Civil Case No. CV1058-11 Findings of Fact & Conclusions of Law

Page 1 of 12 I FINDINGS OF FACT 2 By a preponderance of the evidence, the Court makes the following findings of fact: 3 1. Plaintiff Bautista is the adult daughter of Decedent Danilo Bautista ("Mr. Bautista"). 4 2. Plaintiff Apale is the widow of Mr. Bautista. 5 3. Defendant GMHA is an autonomous agency of the Government of Guam and may 6 be sued in its own name. 5 GCA § 6102. At all relevant times herein, Defendant 7 operated a hospital known as the Guam Memorial Hospital ("GMH") located in 8 Tamuning, Guam. 4. On May 7, 2008, Mr. Bautista was admitted to the GMH emergency department for 10 treatment of a self-inflicted laceration to his neck, the result of an attempted suicide. II 5. Dr. Eduardo Cruz, who was the attending physician, noted on the history and 12 physical examination form: "48 [year old] male second attempted suicide, [positive] 13 hanging on 2/24/2008 [and] now sustains self-inflicted knife laceration [positive] 14 paranoia [positive] hallucinations." (Pl.'s Ex. I at 00014). 15 6. Dr. Cruz, also noted that Mr. Bautista was "quiet, verbalize and responding 16 appropriately, appeared depressed." Id. 17 7. After initially seeing Dr. Cruz, Mr. Bautista was then seen by Dr. Brian Bates. is 8. On May 7, 2008, Mr. Bautista underwent surgery, which involved "repair of tracheal 19 injury with repair of complex laceration to neck." Id. at 00013. 20 9. Mr. Bautista remained intubated postoperative "because of anticipated edema of the 21 trachea at the repair site." Id. 22 10. Dr. Bates ordered that soft restraints be utilized for patient safety. Id. at 00020. 23 11. On May 8, 2007, Dr. Bates noted that Mr. Bautista "may transfer to regular floor 24 near nursing station." Id. at 00022. 25 12. Mr. Bautista was placed on the fourth floor in a single room near the nurses' station 26 to accommodate the size of the ventilator machine and the noises emanating from it. 27 that it would consider filings up until it issues its own findings. As a result, the Court will deny Defendant's 28 Motion to Strike. Accordingly, the Court will consider Plaintiff Bautista's submission.

Bautista v. GMHA Civil Case No. CV1058-11 Findings of Fact & Conclusions of Law

Page 2of12 (Testimony of Nurse Josie Paunte ("Nurse Paunte"), Digital Recording at 11:08:29- 11:08:46, Mar. 12, 2014). 3 13. On the morning of May 8, 2008, Nurse Paunte prepared a care plan for Mr. Bautista. 4 The care plan included a section entitled: "Psych - Major Depression - Risk for 5 Suicide." (Pl.'s Ex. 1, at 00028). 6 14. The care plan called for the completion of an initial suicide assessment and, further, 7 that "[i]f patient is hospitalized, monitor for moderate risk every 15 minutes: or 8 provide constant one-on-one observation for serious risk. Place in room close to

9 nurse' s station. Do not assign to single room." Id. to 15. Nurse Paunte categorized Mr. Bautista as a level three suicide risk-the highest risk II level-based on Mr. Bautista's history, which indicated major depression, feelings 12 of worthlessness, hallucinations, Mr. Bautista's cutting of his throat, and paranoia. 13 (Testimony of Nurse Paunte, Digital Recording at 10:55:14-10:55:42, Mar. 12, 14 2014). Is 16. Also on May 8, 2008, Nurse J.M. Apalo ("Nurse Apalo") assessed Mr. Bautista's 16 potential for self-harm. She noted that there was a potentially lethal suicide attempt 17 in the past seventy-two hours; that there was current suicide ideation; that Mr. Is Bautista previously considered a plan for self-harm; that Mr. Bautista was 19 experiencing auditory hallucinations that command self-harm; that Mr. Bautista had 20 minimal ability or commitment to not harm himself; and that there were 21 manifestations of depression indicating feelings of hopelessness and/or helplessness. 22 (Pl.'s Ex. 1, at 00037-38). 23 17. Nurse Paunte also worked the night shift on May 8, 2011 from 11:00 p.m. to 7:30 24 a.m. on May 9, 2011. 25 18. Nurse Paunte testified that bilateral wrists restraints were used on Mr. Bautista's 26 hands primarily so that he could not remove the tube in his throat. She further 27 testified that the restraints were also used for safety reasons. (Testimony of Nurse 28 Paunte, Digital Recording at 11:19:10-11:20:05, Mar. 12, 2014).

Bautista v. GMHA Civil Case No. CV 1058-11 Findings of Fact & Conclusions of Law

Page 3of12 19. The type of restraints used were "soft restraints." Specifically, Kerlix gauze was used for the restraints. Id. at 11:20:27- 11:20:52. 3 20. Nurse Paunte testified that Kerlix gauze is made for dressing wounds. Id. at

4 11:21:36. 5 21. While working at GMHA, Nurse Paunte has routinely asked for cloth restraints because it was better than gauze restraints, but more often than not GMH did not have any. Id. at 11:22:37-11:23:01. 8 22. Nurse Paunte testified that she checked on Mr. Bautista every thirty minutes to an

9 hour. Id. at 11:11:46. However, Nurse Paunte's notes do not confirm that she or any l0 other nurse went into Mr. Bautista's room to check on him in the exact above-stated

II time intervals. (Pl.'s Ex. 1 at 00026). 12 23. Nurse Paunte confirmed her deposition testimony that the nurses are supposed to 13 chart each time they go into the patient's room. (Testimony of Nurse Paunte, Digital

14 Recording at 11:17:28-11:17:36, Mar. 12, 2014).

15 24. Nurse Paunte stated that Mr. Bautista was fine and calm and then ten minutes later,

16 she found Mr. Bautista standing at the foot of his bed with everything disconnected.

17 Nurse Paunte attempted to bring Mr. Bautista back to bed but she was unsuccessful,

is which prompted her to call for assistance. Id. at 1:46:45-1:49:24. Mr. Bautista then

19 broke the glass sliding door, went over the wall outside his fourth floor room, and

20 jumped to his death. 2i 25. Plaintiff's expert, Dr. Michael Kim ("Dr. Kim"), disagreed with Defendant's Expert,

22 Dr.

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