Fisher v. North Hills Passavant Hospital

781 A.2d 1232, 2001 Pa. Super. 225, 2001 Pa. Super. LEXIS 2018
CourtSuperior Court of Pennsylvania
DecidedAugust 1, 2001
StatusPublished
Cited by2 cases

This text of 781 A.2d 1232 (Fisher v. North Hills Passavant Hospital) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fisher v. North Hills Passavant Hospital, 781 A.2d 1232, 2001 Pa. Super. 225, 2001 Pa. Super. LEXIS 2018 (Pa. Ct. App. 2001).

Opinions

DEL SOLE, President Judge.

¶ 1 This is an appeal from the judgment entered following a defense verdict. Finding merit to the claim that Appellants should have been permitted to question a witness to expose her bias, we reverse and award a new trial.

¶2 Appellants, Mr. and Mrs. Fisher, sought damages based upon allegations that Mr. Fisher received inadequate care during his stay at North Hills Passavant Hospital’s (the Hospital’s) emergency room.1

¶3 The trial court recounted certain facts related to the case:

There was no genuine factual issue in his case that the Plaintiff-patient was a paraplegic who was at risk to develop decubitus ulcers if either he was not provided with a Clinitron bed or otherwise turned at regular and frequent intervals to prevent the development of the ulcers, among other methods commonly used in such cases to prevent ulcers. There was also no genuine issue at trial that the Plaintiff-patient was not provided with any of the beds or devices used to relieve pressure and the attendant formation of ulcers, or that the patient notes failed to show that he had been turned. These facts, taken together with expert testimony as to the standard of care in such cases, was sufficient to submit the case of a jury.

Trial Court Opinion at 2.

¶ 4 Appellants presented further evidence that Mr. Fisher spent hours at the Hospital before being transported to West Penn Hospital. At West Penn Hospital, two decubitus ulcers were found on Mr. Fisher. Appellants offered evidence that the ulcer on Mr. Fisher’s right tro-chanter did not heal and worsened to a point that two separate surgeries were required. The matter was submitted to a jury which found in favor of the Hospital. Thereafter, Appellants filed a motion for post-trial relief raising three issues, which are also the subjects of the instant appeal. [1234]*1234These issues each concern trial court rulings which disallowed evidence designed to inform the jury that a nurse, Ms. Witt, employed by the Hospital had been suspended for three days following complaints regarding Mr. Fisher’s care.

¶ 5 Specifically, Appellants challenge the exclusion of evidence of an incident report, titled “Warning Notice,” and an accompanying memorandum which informed the nurse that she was suspended for three days. Appellants also claim the court improperly precluded them from offering testimonial evidence regarding the nurse’s suspension. Finally they assert that they should have been permitted to question a witness regarding a conversation between a supervising nurse and Mr. Fisher’s doctor relating to complaints about Mr. Fisher’s care and the resulting suspension of a staff nurse.

¶ 6 The trial court ruled that the evidence sought to be admitted was of low probative value which, under the circumstances of the case, was outweighed by the risk of unfair prejudice. The court dismissed Appellants’ claims that the exhibit sought to be admitted was a business record and that the statements were admissible as admissions.2

¶ 7 The question of whether evidence is relevant and, therefore, admissible is a determination that rests within the sound discretion of the trial court and will not be reversed on appeal absent a showing that the court clearly abused its discretion. Turney Media Fuel, Inc. v. Toll Bros., 725 A.2d 836, 839 (Pa.Super.1999). It is appropriate for a court to exclude evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues or misleading the jury. Curran v. Stradley, 361 Pa.Super. 17, 521 A.2d 451 (1987). “Evidence is prejudicial not where it merely hurts a party’s case, but where it tends to fix a decision which has an improper basis in the minds of the jury.” Id. at 459.

¶ 8 We agree with the trial court’s assessment regarding the admission of the incident report and memorandum. The report warns the employee of “unsatisfactory conduct.” Under a section captioned “DETAILS OF INFRACTION” it provides, “customer/patient service deficiencies see attached memo.” There is a check next to the section which states that it is the second warning notice within the past year. The attached memo provides that it is issued as a result of a “preliminary investigation” “initiated by a recent complaint” concerning Mr. Fisher’s “treatment.” It states that the complaint was related “directly to your method of interacting and inability to fulfill both the patient and the family’s needs.” It also recounts that “Mrs. Fisher relayed inappropriate remarks made by you concerning the availability and charge for a Clinitron bed.” It further provides that the Hospital “will proceed to investigate the nursing care rendered to this patient during your suspension.”

¶ 9 From our reading of these documents we find no fault in the trial court’s conclusion that the evidentiary value of these documents is outweighed by their potentially prejudicial nature. They were issued following a complaint made by Mrs. Fisher and after only a preliminary investigation was conducted. The actual inves[1235]*1235tigation of the matter was to continue during Ms. Witt’s suspension. Further the “Warning Notice” and the memo speak in vague terms and do not specifically identify the nature of the deficient care provided by Ms. Witt. The memo refers to “inappropriate remarks” made by Ms. Witt and her “method of interacting” with the patient and his family. It does not provide the details related to the specific care of Mr. Fisher which would support Appellants’ claims. Further, the prejudicial nature of this information is evident. Therefore the trial court was within its discretion is disallowing the admission of this exhibit.

¶ 10 Appellants also sought the admission of evidence relating to the investigation of Ms. Witt and her resulting three-day suspension. At trial Appellants’ counsel was permitted to ask Ms. Witt if she learned that a complaint was made about her conduct by Mrs. Fisher. She responded affirmatively. The court did not permit any further questioning regarding Ms. Witt’s discipline. Appellants’ counsel argued to the court that this information was sought to establish Ms. Witt’s bias. He stated: “I’m sure she harbors a very deep resentment to Loraine Fisher as a result of this.... The jury is entitled to know she has reason to dislike Ms. Fisher, and she has reason to slant her testimony. It goes to the bias.” N.T., 10/1-8/98, at 377-78.

¶ 11 We agree. Mr. Fisher testified that he “begged” the nursing staff to turn him. He stated “I couldn’t turn myself. I was afraid to at that angle.” Id. at 123-24. He testified that it would have been “impossible” for him to turn himself, id., and any response to his requests for repositioning was “in the negative.” Id. at 143. When asked “did you ever attempt to reposition yourself,” Mr. Fisher responded, “No. I couldn’t.” Id. at 145.

¶ 12 In contrast, when Ms. Witt was specifically asked whether she saw “the patient repositioning himself,” she replied, “Yes.” Id. at 368. She described to the jury her observation: “He had good upper body strength, and the bed rails were up; and he used the bed rails, and he reached down and repositioned his legs.” Id. at 368-69. Ms. Witt also recounted that Mr.

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831 A.2d 623 (Superior Court of Pennsylvania, 2003)
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Cite This Page — Counsel Stack

Bluebook (online)
781 A.2d 1232, 2001 Pa. Super. 225, 2001 Pa. Super. LEXIS 2018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-north-hills-passavant-hospital-pasuperct-2001.