Ex Parte Brookwood Medical Center

994 So. 2d 264, 2008 WL 2153335
CourtSupreme Court of Alabama
DecidedMay 23, 2008
Docket1061307
StatusPublished
Cited by9 cases

This text of 994 So. 2d 264 (Ex Parte Brookwood Medical Center) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Brookwood Medical Center, 994 So. 2d 264, 2008 WL 2153335 (Ala. 2008).

Opinion

994 So.2d 264 (2008)

Ex parte BROOKWOOD MEDICAL CENTER
(In re James L. Sallas, by and through his wife and next friend Sara Sallas, et al.
v.
Brookwood Medical Center et al.).

1061307.

Supreme Court of Alabama.

May 23, 2008.

Thomas A. Kendrick and Holly S. Bell of Norman, Wood, Kendrick & Turner, Birmingham, for petitioner.

Nat Bryan, Michael K. Beard, and Thomas M. Powell of Marsh, Rickard & Bryan, P.C., Birmingham, for respondents.

MURDOCK, Justice.

Brookwood Medical Center ("Brookwood") seeks a writ of mandamus directing the Jefferson Circuit Court to enter an *265 order granting separate trials in a civil action filed against Brookwood and several fictitiously named defendants by James L. Sallas ("Mr.Sallas"), an alleged incompetent person suing through his wife and next friend Sara Sallas, by Sara, individually, and by Belinda J. Helms, individually and as executrix of the estate of her deceased husband, James Earl Helms. We grant the writ.

Facts and Procedural History

In June 2005, Sara, individually and as wife and next friend of Mr. Sallas, and Belinda, individually and as executrix of the estate of her deceased husband, filed a single complaint in the Jefferson Circuit Court. The complaint, as subsequently amended, alleged:

"4. On or about June 24, 2004 an adult male referred to [as T.B.] was admitted to the [Brookwood] psychiatric unit with a number of significant diseases, including Intermittent-Explosive Disorder (IED). IED is an impulse control disorder characterized by specific episodes of violent and aggressive behavior that may involve harm to others....
"5. Between June 24, 2004 and July 22, 2004 [T.B.] engaged in a number of violent acts. For example, on a number of occasions the nursing staff found [T.B.] beating his head on the floor or wall. After one such outburst, [T.B.] was taken to the [Brookwood] emergency room where he was diagnosed with a broken nose. Not only did [T.B.] injure himself, but on a number of occasions, including, but not limited to July 14, 2004, July 20, 2004, and July 22, 2004, [T.B.] assaulted and battered Brookwood staff members. Indeed, the situation became so dangerous that on July 22, 2004, a Petition was filed requesting that the Probate Court of Jefferson County order the aggressor to be committed to a state mental hospital.
"6. On or about June 16, 2004, James Earl Helms was admitted to the geriatric floor at [Brookwood] for treatment of cerebral bleeding, seizures, vascular dementia, and depression. While on the geriatric floor, Mr. Helm's physician became concerned that because of Mr. Helm's strength and his `friendliness' towards other patients, Mr. Helms, in his interaction with other patients, might injure the other patients. Mr. Helms's physician was also concerned that another patient might take offense at Mr. Helms's `friendliness' and respond by injuring Mr. Helms. Mr. Helm's physician told Mrs. Helms that her husband needed to be admitted to the psychiatric unit for his own protection and that he would receive one-on-one supervision and care. Mr. Helms was admitted to the [Brookwood] psychiatric unit ... on June 23, 2004.
"7. Sometime between June 23, 2004 and July 24, 2004, the staff at the [psychiatric] unit assigned Mr. Helms and [T.B.] to reside in the same room. At no time prior to July 24, 2004, did the staff inform any family member of Mr. Helms that [T.B.] had assaulted and battered staff members in the unit.
"8. On or about July 24, 2004, and possibly on at least one prior occasion, [T.B.] assaulted Mr. Helms. As a result of the assault, Mr. Helms's left elbow, right shoulder, face, head and buttocks were injured. [The Brookwood psychiatric-unit] staff did not examine Mr. Helms nor did they order any diagnostic tests to see what injuries he suffered as a result of the assault. The staff merely informed Mrs. Helms that her husband had a slight cut on his arm that resulted from a `little altercation.' On July 25, 2004 Mrs. Helms visited her husband and found that he had two black eyes. *266 The staff members were not able to give Mrs. Helms an explanation.
"9. Since 1998, James Sallas suffered from vascular Dementia and Bipolar Affective Disorder. On or about July 21, 2004, Dr. Ed Logue, at Mr. Sallas's request, admitted Mr. Sallas to the psychiatric unit at Brookwood because Mr. Sallas had homicidal ideations. After [T.B.] assaulted Mr. Helms, on July 24, 2004, the [psychiatric-unit] staff inexplicably assigned Mr. Sallas to [T.B.]'s room.
"10. On or about July 25, 2004, and possibly on prior occasions, [T.B.] also assaulted Mr. Sallas and knocked him unconscious. As a result of the assault, Mr. Sallas suffered numerous injuries, including a skull fracture, a left frontal subdural hematoma, subarachnoid hemorrhaging and a fractured toe. The [psychiatric-unit] staff neither took immediate steps to determine what injuries Mr. Sallas suffered in the attack nor did they contact Mrs. Sallas to inform her of the assault until after Mrs. Sallas had received a call from her husband's physician notifying her of the assault.
"11. On or about July 27, 2004 Brookwood discharged Mr. Helms to the Pleasant Grove Nursing Home. After getting Mr. Helms registered, Mrs. Helms went to her husband's room where the nursing home staff was helping Mr. Helms change his clothes. As the staff attempted to undress Mr. Helms they found that in addition to the black eyes and elbow laceration, Mr. Helms had bruises over his entire body. The bruising was so extensive that the Director of Nursing at Pleasant Grove Nursing Home refused to accept Mr. Helms for fear that they, at a later date, might be blamed for inflicting the injuries to Mr. Helms. After calling the emergency room at Brookwood and making arrangements for Mr. Helms to be returned to Brookwood, the Director of Nursing told Mrs. Helms that she was to take her husband back to the emergency room for evaluation.
"12. After being examined in the emergency room, Mr. Helms was found to have a wrist fracture and bleeding in the brain. Mr. Helms was admitted to the geriatric floor at Brookwood where his condition continued to decline until he was discharged to [hospice at Brookwood] and thereafter died on August 7, 2004."

The complaint continues by stating claims alleging that Brookwood (1) "negligently and/or wantonly provided medical services to Mr. Sallas and Mr. Helms and negligently and/or wantonly breached [the] acceptable standard of practice in providing such medical services," (2) fraudulently "suppressed from the families of Messrs. Sallas and Helms the truth concerning [T.B.] and his violent tendencies," and (3) committed the tort of outrage based on the manner in which Brookwood conducted itself with respect to Mr. Sallas and Mr. Helms and their families.

On July 6, 2005, Brookwood filed a "Motion to Sever Claims," pursuant to which Brookwood sought the severance of the Sallas claims from the Helms claims, such that there would be "two separate actions, each case with its own civil action docket number." Brookwood argued that allowing the case "to proceed as a single action, rather than two separate actions, will only confuse the jury and greatly prejudice [Brookwood]" and that allowing the case "to move forward as a single action ... [would frustrate] the very purpose and intent of the Legislature in enacting Alabama Code [1975,] § 6-5-551," which is part of the Alabama Medical Liability Act, Ala.Code 1975, § 6-5-540 et seq. ("the AMLA").

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Cite This Page — Counsel Stack

Bluebook (online)
994 So. 2d 264, 2008 WL 2153335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-brookwood-medical-center-ala-2008.