Burke Ex Rel. Burke v. Pearson

191 S.E.2d 721, 259 S.C. 288, 63 A.L.R. 3d 1012, 1972 S.C. LEXIS 240
Supreme Court of South Carolina·Decided September 12, 1972·No. 19484·Published·Cited by 10 cases

Opinions

Brailsford, Justice:

This malpractice action against Dr. Hugh O. Pearson, Jr., a Beaufort physician, resulted in a verdict against him for actual and punitive damages, and he appeals, principally upon the ground that the evidence raised no submissible issue as to actionable negligence or willfulness.

The controversy concerns a heating pad burn inflicted upon Helen R. Burke, while she was Dr. Pearson’s patient in Beaufort County Memorial Hospital, to which she was admitted May 14, 1969. Mrs. Burke, age sixty-seven, had been in poor physicial and mental health for a number of years. She suffered from chronic disease of the back and other ills. She was extremely underweight, markedly depressive and, [291]*291at times, agitated. When aroused, she complained of pain and frequently demanded drugs, saying to the nurses, “knock me out!” Under Dr. Pearson’s orders she periodically received seven different medications, primarily to relieve her pain and depression. Most of these were sedatives and antidepressants. One, however, a synthetic analogue to morphine was an analgesic.

On May 15, the second hospital day, Mrs. Burke asked that her heating pad be sent for her to use on her lower back. Instead, the doctor ordered the use of a hospital heating pad. On May 19, the sixth hospital day, a nurse noted an area of redness, or erythema, on the lower back and buttock where the heating pad had been in use. Dr. Pearson assumed, as had the nurse, that the heating pad had caused a burn, and the erythema was so treated. By the fifth day thereafter, the tissues in the center of the reddened area were dead. Separation of tissues, infection and drainage followed. On June 14, the ulcerated area was surgically debrided, leaving a sizeable open wound.

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Burke Ex Rel. Burke v. Pearson, 191 S.E.2d 721, 259 S.C. 288, 63 A.L.R. 3d 1012, 1972 S.C. LEXIS 240 (S.C. 1972).

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Burke Ex Rel. Burke v. Pearson
191 S.E.2d 721 (Supreme Court of South Carolina, 1972)