Facts

Plaintiff sued Hoag Memorial Hospital Presbyterian, Richard Afable, Robert Braithwaite, Christina Gorospe RN, Sarah Diamsay RN, Bo Hewitt, and other nurses, in an alleged medical malpractice action.

PLAINTIFF'S CONTENTIONS:
Plaintiff arrived to the hospital's emergency room on Jan. 17, 2013, with complaints of coffee ground vomiting. Plaintiff allegedly sustained injuries resulting from defendants' negligence during plaintiff's stay at the hospital.

Plaintiff was allegedly admitted in the hospital's emergency room on Jan. 17, 2013, with complaints of coffee ground vomiting. Plaintiff accused the hospital staff of battering and assaulting her. She claimed she was never admitted to the hospital nor legally discharged when she was sent to another hospital while unconscious. As such, plaintiff claimed she never consented to any procedure defendants performed on her. Plaintiff claimed she was starved during her five-day stay at the hospital, and had lost a significant amount of weight since then. Plaintiff claimed she was wrongfully imprisoned during her stay and was kept deeply sedated at that time. Defendants also allegedly denied plaintiff's any visitors and even phone calls. Plaintiff claimed other abuses by the hospital's staff. As such, plaintiffs sued defendants alleging causes of action for assault and battery and negligence.

DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses. Plaintiff allegedly refused to allow the nurses to start an IV and nausea medication. She then became aggressive, rude, and was generally non-compliant. Plaintiff allegedly abused her health care providers and refused any care. As such, her doctor placed an order for soft restraints. Plaintiff continued to be non-compliant, angry, belligerent, combative, and unpredictable. She even attempted physical harm on her caregivers. With plaintiff's consent, defendants were able to perform a colonoscopy. However, plaintiff again became combatant after she had recovered from anesthesia. Plaintiff's doctor placed her on a psychological hold and evaluation and ordered her sent to Newport Bay Hospital for further monitoring. Defendants evaluated her prior to discharge and, there being no evidence of acute blood loss, her issues appeared to have been stabilized. A physical examination also revealed no physical injuries. Defendants maintained that the care rendered to plaintiff fell within the standard of care. As such, defendants moved for summary judgment for failure to state a claim for relief and for failing to timely file her action.

Result

The court granted summary judgment in favor of the defense.

Other Information

Plaintiff was in pro per. FILING DATE: June 4, 2014.