Daniel v. ST. FRANCIS CABRINI HOSP. ETC.

415 So. 2d 586
CourtLouisiana Court of Appeal
DecidedMay 26, 1982
Docket8794
StatusPublished
Cited by7 cases

This text of 415 So. 2d 586 (Daniel v. ST. FRANCIS CABRINI HOSP. ETC.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. ST. FRANCIS CABRINI HOSP. ETC., 415 So. 2d 586 (La. Ct. App. 1982).

Opinion

415 So.2d 586 (1982)

Robert I. DANIEL, Plaintiff-Appellee,
v.
ST. FRANCIS CABRINI HOSPITAL OF ALEXANDRIA, INC., Defendant-Appellant.

No. 8794.

Court of Appeal of Louisiana, Third Circuit.

May 26, 1982.

*587 Gist, Methvin, Hughes & Munsterman, Steven W. Cook, Alexandria, for defendant-appellant.

Edward A. Kaplan, Alexandria, for plaintiff-appellee.

Before CULPEPPER, FORET and DOUCET, JJ.

FORET, Judge.

Robert I. Daniel (decedent) brought this tort action to recover damages for personal injury he suffered while he was a patient at defendant, St. Francis Cabrini Hospital of Alexandria, Inc. Decedent's wife, Violet Morgan Daniel, and his son, Robert Lee Daniel, (plaintiffs) were substituted as parties-plaintiff upon his death. Defendant brought a third party demand against Mrs. Daniel.

Trial of this action resulted in a judgment in favor of plaintiffs for $111.50 in special damages and $3,500.00 in general damages.

Defendant appeals suspensively from the trial court's judgment and raises the following issues:

(1) Whether the trial court committed manifest error in finding that defendant had breached its duty of care owed to decedent;
(2) Whether the trial court committed manifest error in finding no negligence on the part of Mrs. Daniel; and
(3) Whether the trial court's award of $3,500 in general damages to plaintiffs is excessive and constitutes a clear abuse of that court's "much discretion".

Plaintiffs have answered the appeal seeking an increase in the trial court's general damages award.

FACTS

Decedent was admitted to the defendant-hospital on February 29, 1980, at which time he was suffering from prostatic cancer with probable contiguous spread and metastatic disease, diabetes mellitus, and chronic *588 organic dementia. He was 77 years old, had one arm missing, and was subject to spells of dizziness and weakness. At approximately 12:30 A.M. on March 16, 1980, decedent got out of his hospital bed and walked to the nurses station, demanding that he be given an enema. Gerald Wayne Morgan, R.N. (Morgan), was on duty at the time and he acceded to decedent's demands. The enema was administered and decedent ordered Morgan to leave the bathroom while he expelled the enema and the contents of his bowels. Morgan returned to the nurses station.

Mrs. Daniel was in the room at this time. Decedent called out to her for help as he began to get dizzy and weak. She entered the bathroom and decedent told her to get help to put him back in bed. Mrs. Daniel believed that the buzzer in the bathroom wasn't working and she went to an intercom located near the bed to call the nurses station for help. She then returned to the bathroom. However, as she reached the bathroom door, decedent fell off the commode, lacerating the skin of his penis. Help arrived soon thereafter and decedent was taken to the emergency room where the wound was cleaned and sutured. Decedent was then taken back to his hospital room and was eventually discharged on March 27, 1980. The wound healed uneventfully.

Decedent instituted this action alleging that defendant had negligently failed to provide him with proper care, attention, and treatment made necessary by his physical and mental condition, which was well known to defendant and its employees. Defendant answered the original petition denying most of the allegations contained therein, and plead the affirmative defense of contributory negligence in bar of any recovery, should the trial court decide that it was negligent.

Decedent filed a supplemental and amending petition in which he further alleged that he had suffered an injury to his scrotum in the accident. Defendant answered, denying this. Plaintiffs filed a second supplemental and amending petition, after decedent's death, alleging their right to be substituted as parties-plaintiff to this action. Defendant then filed an amended answer and third party demand, naming Mrs. Daniel as third party defendant, alleging that she was guilty of negligence which was the sole, proximate cause of the accident and/or an independent and intervening cause thereof.

Plaintiffs filed a third supplemental and amending petition alleging that defendant was negligent for failing to provide a workable, effective and non-defective emergency assistance device in the bathroom where the accident occurred. Defendant answered, denying this. Defendant then filed a first supplemental and amending answer alleging that, in the event it was found to have been negligent in causing the accident, Mrs. Daniel was contributorily negligent: in that she was in the room with her husband at all times pertinent; in that she knew or should have known exactly what his physical and mental condition was at the time of the accident; and, in that she was in the best position of any party at the time to assist her husband and to prevent the injuries in question by such assistance, and that her failure to do so and her fault in this regard was a direct cause-in-fact of the accident.

DEFENDANT'S ALLEGED NEGLIGENCE

Defendant contends that the trial court committed manifest error in holding it liable for the injuries suffered by decedent, when it made no finding concerning the negligence of Morgan, defendant's employee. The trial court found that: "The hospital breached its duty of care to the patient". The duty owed to decedent by defendant, which the trial court found that defendant had breached, was stated in Hunt v. Bogalusa Community Medical Center, 303 So.2d 745 (La.1974), on page 747, as follows:

"A hospital is bound to exercise the requisite amount of care toward a patient that the particular patient's condition may require. It is the hospital's duty to protect a patient from dangers that may result from the patient's physical and mental incapacities as well as from external *589 circumstances peculiarly within the hospital's control. A determination of whether a hospital has breached the duty of care it owes to a particular patient depends upon the circumstances and the facts of that case."

A review of Hunt clearly shows that this standard is applicable in cases where a hospital, itself, is alleged to have been negligent. In Hunt, the defendant-hospital was held liable for failing to provide a post-operative, sixty-five-year-old patient with a hospital bed having full guard rails. In the action before us, the evidence reveals no act of omission or commission, such as to constitute actionable negligence on the part of defendant, in caring for decedent. Thus, unless its employee, Morgan, was negligent in caring for decedent, there is no liability on defendant's part for the injuries suffered by decedent. A review of the trial court's reasons for judgment shows that it made no specific finding regarding negligence, or the absence thereof, on Morgan's part.

It is the settled jurisprudence of this State that a hospital is responsible for the negligence of its employees including, inter alia, nurses and attendants, under the doctrine of respondeat superior. Norton v. Argonaut Insurance Co., 144 So.2d 249 (La. App. 1 Cir. 1962); Cornell v. United States Fidelity & Guaranty Co., 8 So.2d 364 (La. App. 2 Cir. 1942), writ denied (La.1942).[1]

The crucial issue is whether Morgan was guilty of negligence such that his employer, defendant, should be held liable for the injuries suffered by decedent.

A determination of Morgan's negligence must be based on an analysis of the facts under the provisions of LSA-C.C.

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415 So. 2d 586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-st-francis-cabrini-hosp-etc-lactapp-1982.