Rheaetta F. Wilson v. Americare Systems, Inc.

397 S.W.3d 552, 2013 WL 658078, 2013 Tenn. LEXIS 212
CourtTennessee Supreme Court
DecidedFebruary 25, 2013
DocketM2011-00240-SC-R11-CV
StatusPublished
Cited by24 cases

This text of 397 S.W.3d 552 (Rheaetta F. Wilson v. Americare Systems, Inc.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rheaetta F. Wilson v. Americare Systems, Inc., 397 S.W.3d 552, 2013 WL 658078, 2013 Tenn. LEXIS 212 (Tenn. 2013).

Opinion

OPINION

SHARON G. LEE, J.,

delivered the opinion of the Court,

in which GARY R. WADE, C.J., JANICE M. HOLDER, CORNELIA A. CLARK, and WILLIAM C. KOCH, JR., JJ„ joined.

The issue presented is whether the jury verdict' against the management company of an assisted living facility for negligence based on understaffing is supported by material evidence. Mable Farrar’s physician prescribed Ms. Farrar a daily dose of an over-the-counter medicine for constipation. The nursing staff at the assisted living facility where Ms. Farrar lived did not give the medicine to her as often as prescribed. As a result,’ Ms. Farrar became constipated and returned to see her doctor. Ms. Farrar’s doctor notified the nursing staff at the assisted living facility to give Ms. Farrar three to four enemas each day beginning on May 27, 2004. A facility nurse gave Ms. Farrar one enema on the evening of May 27, none bn May 28, and one enema on the evening of May 29. Very soon after' receiving the last enema on May 29, Ms. Farrar died from a perforated colon. Her daughters filed a wrongful death action against the nurse who gave the enema, the director of nursing at the assisted living facility, the owner of the facility, and its management company. The suit alleged that the negligence of the staff, the owner, and its management company caused Ms. Farrar’s death. The jury returned a verdict finding the nurse thirty percent at fault, the director of nursing twenty percent at fault, and the management company fifty *554 percent at fault based on its failure to provide sufficient personnel at the facility. The management company appealed. The Court of Appeals reversed the jury verdict against the management company, finding that there was no material evidence that staffing deficiencies proximately caused Ms. Farrar’s death. We hold that the jury’s verdict was supported by material evidence. Accordingly, we reverse the decision of the Court of Appeals and remand the case to the Court of Appeals for review of the award of punitive damages.

I.

Mable Frances Farrar lived at Celebration Way, an assisted living facility in Shel-byville, Tennessee. Ms. Farrar was a retired school teacher who, at the age of eighty-three, was active, happy, social, a regular church-goer, and involved with her friends and family. Except for occasional problems with constipation, Ms. Farrar was in good health. During the summer of 2003, she was hospitalized for four days for constipation and afterwards spent approximately two months in a nursing home regaining her strength. When Ms. Farrar was admitted to Celebration Way in October 2003, her physician, Dr. Alma Tamula, prescribed Ms. Farrar one capful of Mira-LAX, an over-the-counter powder laxative, to be taken every morning for constipation. Dr. Tamula testified that she made it “crystal clear” to the staff at Celebration Way that they must immediately notify her if Ms. Farrar became constipated again.

Despite these orders that Ms. Farrar receive MiraLAX daily, the staff at Celebration Way sporadically administered the medication. According to Celebration Way’s nursing records, Ms. Farrar received only ninety-one doses of MiraLAX from October 2003 through May 27, 2004. She received no MiraLAX in March, only five doses in April, and eleven doses in May 2004. The actual number of doses she received is unclear because only one bottle of MiraLAX, containing fifteen doses, was ordered and delivered to the facility for Ms. Farrar from October 2003 through May 2004.

The treatment provided to Ms. Farrar in the days leading up to her death is significant. On Thursday, May 27, 2004, Ms. Farrar’s daughter, Rheaetta Wilson, took her to see Dr. Tamula because Ms. Farrar was constipated. Despite Dr. Tamula’s previous order to the nursing staff at Celebration Way to notify her if Ms. Farrar became constipated, they had not done so. Ms. Farrar told Dr. Tamula that it had been ten to twelve days since her last good bowel movement. Dr. Tamula diagnosed Ms. Farrar with fecal impaction and constipation and ordered the administration of milk and molasses enemas three to four times a day. When advised of Dr. Tamu-la’s diagnosis and treatment order, a staff member at Celebration Way informed the doctor’s office that no one would be available to administer an enema until 10:00 that evening. Mary Ann Steelman, a nurse and the administrator of Celebration Way, only gave Ms. Farrar one enema on the evening of May 27. Even though the applicable standard of care required her to chart Ms. Farrar’s symptoms and responses, the type and volume of enema given, and the results, Ms. Steelman did not document anything.

On Friday, May 28, 2004, despite Dr. Tamula’s orders, Ms. Farrar was not given an enema. Ms. Farrar told Paula Gann, 1 a *555 caregiver at Celebration Way, that she was not feeling well, she had not had a bowel movement, and “wished she could.” Ms. Gann noticed that Ms. Farrar’s stomach was distended, and Ms. Gann overheard Ms. Steelman remark to Ms. Farrar that “she looked like she was about to have twins.”

On Saturday, May 29, 2004, Ms. Far-rar’s daughters, Lauralyn Watson and Ms. Wilson, were with her at Celebration Way. In the afternoon, Ms. Watson called Ms. Steelman, who was not at the facility, to tell her that “either Mother needs to go to the hospital or she needs an enema. She’s uncomfortable.” Ms. Watson testified that Ms. Steelman instructed her not to go to the hospital and that either she or Dottie Hunt, who was another nurse at the facility, would come in and administer the enema. Ms. Gann observed that when Ms. Steelman arrived at Celebration Way following Ms. Watson’s phone call, Ms. Steel-man appeared to be irritated and “stated that she was going to give Ms. Farrar the enema so she would shit and shut up.” Kathy West, another Celebration Way employee, similarly testified that she heard Ms. Steelman say “I’m going to give her this enema so she’ll shit and they’ll [Ms. Farrar’s daughters] shut up.” Ms. Steel-man admitted that she was “flustrated” at the time and did not deny making the statement. Ms. Farrar’s medical records at the facility on that date indicate that Ms. Farrar’s abdomen was very distended and that her bowel sounds were overactive in all four quadrants. Ms. Farrar’s distention and bowel sounds were classic signs of an intestinal obstruction for which an enema is not appropriate, according to Dr. Deborah Robin, a Vanderbilt School of Medicine faculty member and certified medical director for nursing homes.

Ms. Steelman administered the enema without first percussing Ms. Farrar’s abdomen to determine whether she had an obstruction or was constipated. Ms. Steel-man admitted that giving an enema to a patient with an obstruction is inconsistent with the applicable standard of care. After receiving the enema, Ms. Farrar’s condition began to rapidly deteriorate. Her skin turned pale, grayish, and became moist and clammy. Her blood pressure reading was 94/61 and she showed signs of distress. Ms. Steelman told Ms. Farrar’s daughters that Ms. Farrar needed to get to the hospital quickly and 911 was called. When the ambulance arrived, Ms. Farrar’s blood pressure reading was 102/70, and her oxygen saturation was seventy-four percent, which in Dr. Robin’s opinion was “scary low.” Upon arriving at the Bedford County Medical Center emergency room, Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
397 S.W.3d 552, 2013 WL 658078, 2013 Tenn. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rheaetta-f-wilson-v-americare-systems-inc-tenn-2013.