Christus Health Southeast Texas v. Licatino
352 S.W.3d 556
Tex. App.2011Background
- Stacy Meaux died of a heart attack hours after discharge from Christus Hospital-St. Mary ER.
- Plaintiffs allege nurse deviation from chest-pain protocols contributed to her death.
- Triage classified Stacy as level three; no immediate life-threatening status; two hours 37 minutes in ER.
- Nurses did not record chest-pain location or radiating pain, nor follow chest-pain protocol (monitor, labs, enzymes) per hospital rules.
- Emergency physician later conceded Stacy was unstable angina at discharge; cardiology tests (enzymes) were not ordered by doctor.
- Jury found willful and wanton negligence by hospital; trial court rendered judgment for plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there willful and wanton negligence by nurses supporting proximate causation? | Licatino argues nurses deviated from chest-pain protocol showing conscious indifference. | St. Mary's disputes extreme degree of negligence and causal link to death. | No; evidence insufficient for willful and wanton standard. |
| Did deviation from protocol proximately cause the death under §74.153? | Nurses' failure to follow protocols contributed to death by unstable angina/MI. | Deviations not proven to be extreme or causally linked to death. | Not established; reversal and take-nothing judgment. |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (favorable-evidence rule for legal-sufficiency review; credit favorable evidence)
- Turner v. Franklin, 325 S.W.3d 771 (Tex. App.-Dallas 2010) (equating §74.153 burden with gross-negligence standard)
- Benish v. Grottie, 281 S.W.3d 184 (Tex. App.-Fort Worth 2009) (describing state of mind for 74.153 standard)