Facts

On May 24, 2012, George Rosacker, 81, was admitted to the emergency room for general weakness that had been progressing over the last few days. In the ER, Rosacker was diagnosed with sepsis, pneumonia, hyperkalemia, renal failure, and history of rectal cancer with recent chemotherapy and radiation. On admission, he was found to have a Stage I pressure ulcer in the coccyx area. The admitting nurse initiated a wound care protocol consisting of use of Mepilex dressing, nutritional consult and a turning schedule.

On June 1, it was determined that he had a deep tissue injury, which had reached the surface and began to open. A wound care nurse examined the area and added a Kin-Air Bed, a pressure-relieving mattress, to the treatment. He remained hospitalized until June 4 at which time he was discharged to a skilled nursing facility. He had multiple additional hospitalizations over the next several months and died on Sept. 3, 2012.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the hospital's nursing policies and procedures constituted the nursing standard of care. Plaintiffs claimed that because the nurses violated several policies, including failing to call a physician and wound care nurse to assess the Stage I decubitus ulcer at the coccyx upon admission, the nurses fell below the standard of care. Plaintiffs also claimed that the nurses did not continually assess and treat the skin condition thereby allowing it to progress to a deep tissue injury and become infected. Plaintiffs further alleged that the infection was a substantial factor is causing the death.

DEFENDANT'S CONTENTIONS:
Defendant contended that the nurses met the standard of nursing care in the assessment and treatment of the skin condition. Defendant argued that the nursing standard of care did not require a physician and wound care nurse to assess the skin until the time the deep tissue injury was first observed. Defendant contended the nurses continually assessed the skin condition and complied with physician treatment orders. Defendant asserted that upon admission the patient had a developing deep tissue injury, which could not have been detected at the time of admission or prevented from reaching the surface of the skin.

The cause of death was listed as rectal cancer and contributing factors were listed as sacral decubitus ulcer and chronic renal failure. Defendant contended that only substantial factor in the cause of death was the rectal cancer.

Defendant argued that the nursing policies and procedures did not constitute the nursing standard of care and therefore brought a Motion in Limine to exclude any reference to the policies and procedures. The court granted that Motion in Limine.

Settlement Discussions

Plaintiffs demanded $1 million and the offer was $50,000.

Injuries

Plaintiff claimed to have suffered emotional distress and loss of care, comfort and society.

Result

Defense verdict.

Other Information

At the conclusion of plaintiffs' case the court granted defendants motion for nonsuit on the cause of action for elder abuse on the grounds that there was insufficient evidence to go to the jury on the issue of "managing agent." Plaintiffs had asserted that the Director of Nursing was a managing agent as she approved the nursing policies. The Director of Nursing testified that she did not have any independent authority to initiate or modify corporate policy and with respect to clinical policy, she was only one of many individuals who were involved in the decision making process before final approval by the Governing Board. The court also granted nonsuit on the claim for intentional infliction of emotional distress. The case went to the jury on the causes of action for medical negligence (wrongful death) and negligent infliction of emotional distress. FILING DATE: June 5, 2013.

Deliberation

five hours

Poll

10-2

Length

eight days