Facts

On March 22, 2008, Fred Baugher, 48, was being treated for back pain at Alta Bates Summit Medical Center. Baugher was waiting for an MRI to be performed, and was treated with doses of therapeutic Dilaudid and, Ativan prior to the MRI. In the afternoon, after the MRI was completed, plaintiff fell asleep. Tammy Harris was the attending registered nurse on duty, and she checked up on him a few times during the course of the afternoon. At about 4:30 p.m., Baugher was placed on a nasal cannula because he was not responding to her attempts to wake him up. Dr. Feei-Wen Hsiao and Harris gave Baugher multiple doses of Narcan, an antidote for Dilaudid, but he did not completely wake up. A Code Blue team later intubated him.

Baugher sued Alta Bates, Hsiao, and Advanced Clinical Employment Staffing LLC, Harris' employer.

PLAINTIFF'S CONTENTIONS:
Baugher contended that defendants were liable for medical negligence and medical battery. He argued that Harris and Hsiao had not summoned emergency care quickly enough, and that they failed to secure his airway to insure that he was breathing properly. He further contended that the doctors failed to properly document the drugs that were given to Baugher, and that they had not obtained his informed consent to all the medications.

DEFENDANT'S CONTENTIONS:
Defendants argued that Baugher was properly monitored and that all the appropriate medications were administered. When Baugher's condition deteriorated, Hsiao immediately called the Code Blue team.

Injuries

Baugher had an endotracheal tube throat placed in his throat for 1.5 hours, and claimed to have suffered memory loss and post traumatic stress disorder. Baugher was hospitalized for 25 days, though there was a dispute between the parties as to whether the subsequent hospitalization was related to Baugher's intubation or the back pain for which he was initially treating.

Result

The jury found that defendants had not been negligent.