Here's one you don't hear every day: A patient blamed a reclining post-op surgical chair for permanently injuring his back.
After his gastric bypass surgery about 5 years ago, Hershel Blood of Franklin, La., claims that 2 nurses who transferred him into the chair mistakenly let it recline too far back. Hence, his bad back. Sadly for Mr. Blood, the courts threw his case out for lack of evidence.
According to the malpractice suit, 2 nurses at Regional Medical Center of Acadiana in Lafayette, La., transferred Mr. Blood, 58, from his bed to a reclining surgical chair. After they'd completed the transfer, one nurse attempted to recline the chair, but mistakenly reclined it too far back. Mr. Blood alleged that "the sudden motion permanently injured his back." The suit alleges that RMCA failed to properly complete the transfer; failed to properly inspect or operate the surgical chair; and failed to meet the standard of care.
The Court of Appeal of Louisiana, Third Circuit, affirmed the district court's decision to dismiss due to insufficient evidence.
Failure to transfer to the surgical chair. Mr. Blood alleged that RMCA failed to properly complete the transfer from his hospital bed to the surgical chair. However, his own testimony in district court revealed he was sitting in the chair — and, therefore, the transfer had been completed — when the incident happened. He presented no evidence indicating the transfer hadn't been completed.
Expert evidence not needed to prove standard of care. Although medical malpractice cases generally require expert testimony to prove the standard of care, Mr. Blood asserted he wasn't required to present such evidence because he believed (1) a medical review panel had instructed the court to find the use of expert opinion unnecessary and (2) the case falls under an exception that doesn't require expert testimony. The appeals court found neither an exception to be applicable, nor the panel's instructions to read as such.
Failure to visually and physically inspect the chair before transfer. The appellate brief asserted that, because the nurse failed to physically inspect the chair, the hospital breached the standard of care. However, an affidavit from a registered nurse stated that "it is necessary" to physically inspect the chair — but not by whom. The nurse who operated the chair said she believed the hospital's maintenance department inspected chairs, and Mr. Blood presented no contradicting evidence. Further, the medical review panel found no evidence indicating that RMCA improperly inspected or operated the surgical chair.
"The chair broke or malfunctioned. It went straight back," says Mr. Blood when reached by telephone. "It felt like I reaggravated or pulled an old herniated disc. It still bothers me, but not like it did. I think it was simply their fault."
Mr. Blood was assessed the costs of the appeal.
Stephanie Wasek
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