DeBoer v. Senior Bridges of Sparks Family Hospital, Inc.
282 P.3d 727
Nev.2012Background
- Savage, an elderly patient with dementia, required a guardian to make medical and financial decisions.
- A Senior Bridges social worker provided a general power-of-attorney form to Six, who offered to care for Savage after discharge.
- Savage executed the POA form, with a notary purportedly verifying it, and Savage was discharged to Six's care.
- Six allegedly exploited Savage by misappropriating money, real property, and other assets.
- The Washoe County Public Guardian sued Senior Bridges for negligence, alleging failure to conduct a reasonable investigation into Savage’s competence and protection from exploitation.
- The district court dismissed, holding Senior Bridges owed only a medical-care duty and had no duty regarding nonmedical financial exploitation; the court’s decision was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a medical facility owes a duty of care for nonmedical functions | Savage argues facility owed a general duty to exercise reasonable care to prevent foreseeable nonmedical harm. | Senior Bridges argues its duty is limited to competent medical care, with no duty to prevent financial exploitation. | Yes; facilities may owe a general negligence duty for nonmedical functions. |
Key Cases Cited
- Wickliffe v. Sunrise Hospital, 101 Nev. 542 (1985) (hospital duty to provide competent medical care; standard of care in medical treatment)
- Sanchez v. Wal‑Mart Stores, 125 Nev. 818 (2009) (duty to protect from third parties depends on special relationships and foreseeability)
- Shoen v. SAC Holding Corp., 122 Nev. 621 (2006) (negligence standards; evaluating claims beyond medical malpractice)
- Butler v. Bayer, Nev. 123 (2007) (reasonable care generally a jury question; dismissal on 12(b)(5) rare)
- Wright v. Schum, 105 Nev. 611 (1989) (nonmedical duties when acting outside medicine; public policy against immunity)
- Brown v. United Blood Services, 109 Nev. 758 (1993) (rejecting immunity in nonmedical contexts; ordinary negligence standards apply)
- Estate of French v. Stratford House, 333 S.W.3d 546 (Tenn. 2011) (ordinary negligence when no specialized medical skill required)