Henry v. Williams

892 So. 2d 765, 2005 WL 156808
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2005
Docket39,318-CA
StatusPublished
Cited by1 cases

This text of 892 So. 2d 765 (Henry v. Williams) 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
Henry v. Williams, 892 So. 2d 765, 2005 WL 156808 (La. Ct. App. 2005).

Opinion

892 So.2d 765 (2005)

Lenny Grace HENRY, Plaintiff-Appellant,
v.
Jennifer Baldridge WILLIAMS, et al, Defendant-Appellees.

No. 39,318-CA.

Court of Appeal of Louisiana, Second Circuit.

January 26, 2005.

*766 Johnson & Placke, L.L.P., by Allan L. Placke, West Monroe, for Appellant.

Hudson, Potts & Bernstein, L.L.P., by Gordon L. James, Monroe, for Appellees.

Before CARAWAY, MOORE and LOLLEY, JJ.

MOORE, J.

The plaintiff, Grace Henry, appeals a jury verdict that found her 25% at fault and awarded general damages of $30,412.39 for a fall that occurred during gait training at Lincoln General Hospital with a physical therapist assistant trainee, Jennifer Williams. For the reasons expressed, we amend and affirm.

*767 Factual Background

Ms. Henry, a 69-year-old osteoarthritis patient, had a right knee replacement at Lincoln General on June 8, 1999. Her surgeon, Dr. James Findley, testified that the surgery went well and he prescribed physical therapy while she was at the hospital. The therapy provider was Ruston Outpatient Physical Therapy ("Ruston Outpatient"). Ms. Henry's case was assigned to a licensed physical therapist, Rebecca Sherwin, but Ms. Sherwin delegated the actual therapy sessions to Jennifer Williams ("Jennifer"), who was training to become a physical therapist assistant. At the time, Jennifer had completed one year of an associate's degree at Bossier Parish Community College and a four-week rotation at Bernice Rehabilitation before starting at Ruston Outpatient. By all accounts, the physical therapy sessions were beneficial; Ms. Henry progressed to "standby assist" and had walked 200 feet on a flat surface with a rolling walker. Ms. Henry was scheduled for discharge on June 22.

Ms. Sherwin learned that Ms. Henry's home in Dubach had a single step at the front door. She therefore directed Jennifer to gait train Ms. Henry to negotiate a single step. Although there was a two-step device inside the physical therapy department at the hospital, Jennifer decided to gait train her on a curb outside, and did so the morning she was scheduled to leave the hospital. Without first describing what they would do at the curb, Jennifer took Ms. Henry out the door, down a sidewalk and to the curb, using a flat walker. She set the walker to Ms. Henry's left, telling her to hold the walker with her left hand.

Jennifer testified that she then walked behind Ms. Henry, intending to move to her right and let Ms. Henry grip her arm with her right hand, but before she could get in position, Ms. Henry suddenly stepped off the curb and fell. Ms. Henry testified that Jennifer stood behind her at the curb and said, "I'm trying to figure out how to tell you to do it." Ms. Henry waited and got no instructions, so she took a step: "I did something wrong, I fell." She landed on the curb and rolled on her back, badly reinjuring her right knee.

Dr. Findley testified that the fall reopened 80% of the original surgical incision and tore Ms. Henry's quadriceps tendon. He immediately performed surgery to repair the tendon and sent her to a different physical therapist on June 25. He called her rehabilitation slow and difficult, but discharged her from therapy by August 11. He described her recovery as excellent; she lost only a 5 extension in the knee and suffered no permanent disability.

In September 2001, a medical review panel of three physical therapists found the evidence did not support the conclusion that either Jennifer or Ms. Sherwin failed to meet the applicable standard of care in their treatment of Ms. Henry.

In November 2001, Ms. Henry filed this suit against Jennifer and Ms. Sherwin; their employer, The Green Clinic of Ruston, d/b/a Ruston Outpatient; their insurer, CNA Insurance Company; and Lincoln General Hospital. Lincoln General was dismissed by summary judgment which has not been appealed.

Summary of Trial Evidence

Jury trial was held in September 2003. Ms. Henry presented the expert testimony of Scott Davis, a certified physical therapist from West Virginia. He testified that Jennifer breached the standard of care of physical therapists by not adequately instructing the patient, verbally and visually, what to do before they reached the curb; being out of position to catch the patient in case of a fall; and failing to use the "gait *768 belt" properly to guard against her falling. He also testified that Ms. Sherwin breached the standard of care by allowing Jennifer to decide how to gait train the patient on steps, and allowing her to perform gait training independently. He testified that the step device inside the building could have been used. He concluded that had Ms. Sherwin and Jennifer observed the standard of care, the fall could have been prevented or the injuries reduced.

Ms. Henry also introduced the variance report (accident report) prepared by Lincoln General, which recited that Jennifer failed to provide initial training and education before taking her out to the curb, and should have used another training method. The variance report assigned no fault to Ms. Henry. Further, the "nurses' interdisciplinary care plan" in Lincoln General's records noted that Ms. Henry was diabetic, obese, had gout and a "communications impairment," and these factors placed her at a high risk of falling down. Ms. Henry also showed that like other physical therapy students, Jennifer kept a progress manual called a "Blue Max," which prior to this incident had been marked "competent" in gait training; afterwards, however, Ms. Sherwin edited this to "needs more experience." (Jennifer had since discarded her Blue Max.) The parties stipulated that after the accident, Ms. Henry incurred medical expenses of $24,587.61, paid by Medicare.

For the defendants, Brett Rachal, director of physical medicine at St. Francis Medical Center in Monroe, testified that Jennifer's acts — using a curb instead of a step, doing so with only one physical therapist, placing the walker to the patient's side before walking behind the patient — all met the standard of care. He disputed Mr. Davis's conclusions, but conceded that Jennifer should have described or demonstrated the stepping process before setting the patient on the curb. He also admitted that had Jennifer simply told Ms. Henry not to move, the accident likely would have been averted.

Ms. Sherwin and Ruston Outpatient's other physical therapist, Mr. Rice, agreed that Ms. Henry suffered from all the afflictions listed in the nurses' interdisciplinary care plan, but said that document was written shortly after surgery; by June 22, Ms. Henry had progressed to "standby assist," the "last level of care," and they no longer considered her at great risk of falling. Mr. Rice added that although he signed the variance report, he made no finding that anyone had breached the standard of care.

Ms. Sherwin testified that in the course of therapy, Ms. Henry had never demonstrated any "impulsive behavior." Jennifer testified that the accident happened because Ms. Henry was "impulsive" and took a step before being instructed to do so. She also testified that she had put the gait belt on Ms. Henry, but because the patient was on standby assist she did not hold it.

In response to special interrogatories, the jury found the care and treatment provided by Ruston Outpatient, Ms. Sherwin and Jennifer was negligent, fell below the standard of care, and caused injury that Ms. Henry would not otherwise have incurred; but Ms. Henry was also negligent or at fault in connection with her accident and this caused or contributed to her injury. The jury allocated fault 25% to Ms.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MacK v. Wiley
991 So. 2d 479 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
892 So. 2d 765, 2005 WL 156808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-williams-lactapp-2005.