Appellee-plaintiff filed the instant action to recover for a physical injury he allegedly sustained while a patient in appellant-defendant’s emergency room. With regard to appellee’s injury, the allegations of his complaint were as follows: A “hospital orderly” in the employ of appellant “attempted to remove [appellee] from a stretcher. In so attempting to remove [appellee] from the stretcher, the said orderly could not sustain the weight of [appellee] and ‘dropped’ [appеllee], causing injury to [appellee’s] left knee.” Based upon these allegations, appellee advanced two legal theories in his complaint as authorizing a recovery against appellant. One theory of recovery was appellant’s vicarious liability for the alleged negligence of its employee “in not procuring additional assistance or proper equipment for the removal of [appellee] from the stretcher. ...” The other theory of recovery was appellant’s own direct negligence with regard to the alleged inadequacy of the equipment, facilities and personnel that it provided in its emergency room.
Appellant’s answer denied the material allegations of appellee’s complaint and raised numerous defenses. After the partiеs had engaged in discovery, appellant moved for summary judgment. Appellant supported its motion with the affidavit of its employee who had allegedly “dropped” appellee. That affidavit established that the employee was in fact a registered nurse and not an orderly as appellant had alleged. In his affidavit, the nurse gave the following version of the events that had occurred in the emergency room: He had received instructions from appellee’s physician “to place a knee immobilizer on [appelleе’s] right knee and discharge [appellee] from the emergency department.” In carrying out these instructions, he had first assisted appellee from a wheelchair to a “casting table” and, at that point, appellee had been “able to stand with all of his weight on his left lеg, turn, and sit on the casting table.” When appellee then complained that he had also hurt his left knee prior to coming to the emergency room, the nurse secured further instructions from the physician to place an ace bandage on appellee’s left knеe. After performing these nursing duties but “[b]efore helping [appellee] from the casting table back into the wheelchair, [the nurse] asked [appellee] if he could again stand with all of his weight on his left leg. [Appellee] stated that he could. [The nurse] then stood behind [apрellee] and helped him to his feet. At that point, contrary to [appellee’s] representation,
In opposition to appellant’s motion, appellee filed his own affidavit. Appellee’s version of the events in the emergency room differed significantly from the nurse’s. According to appellee’s affidavit, his injury occurred in the following manner: The nurse had “nevеr asked [appellee] if [he] could support [his own] weight,” and, when the nurse had first attempted to move him to the wheelchair, appellee had questioned whether the nurse “was physically capable of supporting [his 292 pound] weight and [he] specifically suggested that [the nurse] obtain additional assistance in so removing [him] from the stretcher.” The nurse had responded by giving appellee assurances of being physically capable of supporting appellee’s weight and he then proceeded to move appellee. Hоwever, “[u]pon so doing the nurse failed to support [appellee’s] weight and dropped [him] causing [him] to strike [his] left knee forcefully on the floor and base of the stretcher.”
The trial court conducted a hearing on appellant’s motion for summary judgment. In its order, the trial court stated that it was appellant’s “contention that summary judgment [was] proper on the basis of [the] expert testimony [in the nurse’s affidavit] since this is a medical malpractice case in which [appellee] is required to submit expert testimony in order to recover.” Although thе trial court ruled that the instant case was a medical malpractice action, it also concluded that the “pronounced results” exception was applicable and therefore no expert medical testimony on behalf of appellee wаs required. See generally
Killingsworth v. Poon,
1. With regard to appellant’s direct liability for appellee’s injury, the complaint, as noted previously, alleged that appellant wаs itself negligent in furnishing inadequate equipment, facilities and personnel for patients in its emergency room. In determining whether a hospital itself has been negligent in connection with the facilities and services that it furnishes, the appropriate standard by which to measure those facilities and services is the so-called “locality rule.” “ ‘A hospital
2. Were appellee’s allegations as to appellant’s vicarious liability to constitute a “medical mаlpractice” claim, it is likewise clear that it would not have been error to deny appellant’s motion for summary judgment as to that claim. This result would not, however, stem from application of the “pronounced results” exception but from the insufficiency of the affidavit of appellant’s nurse. The nurse’s affidavit states only that his conduct comported with the “locality rule,” whereas the applicable “standard of care which should be applied to a [professional in a malpractice action] is that ordinarily employed by the profession generally. [Cit.]” Wade v. John D. Archbold &c. Hosp., supra at 119. Under the “right for any reason” principle, this insufficiency of the nurse’s affidavit would perhaps be an adequate rationale upon which to base an affirmance of the denial of summary judgment as to appellant’s vicarious liability in the сontext of a medical malpractice action.
However, simply because an alleged injury occurs in a hospital setting, a suit to recover for that injury is not necessarily a “medical
In the instant case, there is no evidence indicating that appellee’s underlying medical condition was such that
only
an еmployee of appellant with professional medical training would have been authorized to undertake the act of moving him into the wheelchair. That the employee of appellant who did undertake the act of moving appellee was a registered nurse rather than an orderly appears to be no more than a mere circumstance of appellee’s discharge from the emergency room rather than a medical aspect of his treatment. If the alleged negligent act or omission of a hospital employee does not require the exercise of expert medical judgment, the fact that the employee also has expert medical credentials does not make the case one of “medical malpractice.” “The hospital may be liablе for the negligent acts of its servants and employees in carrying out the physician’s instructions in performing administrative or clerical acts requiring no medical judgment. [Cits.]”
Swindell v. St. Joseph’s Hosp.,
Since the decision to undertake the physical act of moving appellee did not involve any medical questions or the exercise of any pro
3. As discussed in Division 1, the trial court did not err in denying appellant’s motion for summary judgment as to its alleged direct liability. As to this “hospital malpractice” claim, it will be incumbent upon appellee to prove at trial, by expert testimony, a deviation from the “locality rule” as regards the faсilities and services provided to patients in appellant’s emergency room. As discussed in Division 2, the trial court did not err in denying appellant’s motion for summary judgment as to its alleged vicarious liability. As to this “simple negligence” claim, it will not be necessary for appellee to prove, by expert medical testimony, a deviation by the nurse from any “general standard” of care regarding the physical act of moving patients.
Judgment affirmed.