Sartori v. N.C. Department of Correction
I.C. NO. TA-21364.
| N.C. Indus. Comm. | Jun 21, 2011Background
- Plaintiff is a prison inmate under the custody of Defendant North Carolina Department of Correction.
- Plaintiff has a back condition and was prescribed Ultram for pain, to be dispensed as four doses per day.
- On June 27, 2009, Nurse Lopp failed to dispense a 3:00 p.m. Ultram dose to Plaintiff.
- Plaintiff notified staff he had not received his medication, but no remedy was provided at that time.
- Plaintiff did not receive a dose until 8:00 p.m., resulting in pain until then.
- Full Commission reversed Deputy Commissioner’s decision and awarded damages, including $25 for pain and suffering, with costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty and breach in medication delivery | Plaintiff argues nurse breached duty by omitting a prescribed dose. | Defendant contends reasonable care was exercised in dispensing medication. | Nurse breached duty; negligent and caused harm. |
| Damages for negligence | Plaintiff seeks compensatory damages for pain and suffering. | Defendant disputes extent or existence of damages beyond medical costs. | Plaintiff entitled to compensatory damages for pain and suffering. |
| Scope of recoverable damages | Damages flow from negligence; include physical and mental injuries. | Damages limited by evidence of harms caused. | Damages recoverable for pain and suffering as proven. |
Key Cases Cited
- Bolkhir v. N.C. State Univ., 321 N.C. 706 (1988) (establishes elements of tort claim (duty, breach, causation, damages))
- Iadanza v. Harper, 169 N.C. App. 776 (2005) (permits recovery of compensatory damages for pain and suffering)