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Patient Death: Court Rules Nurses Not Guilty Of Negligence.

  The hospital’s medical expert’s affidavit stated the hospital’s nurses fulfilled the standard of care by relying on the physician’s assessment of the appropriateness of discharging the patient and by following the physician’s order.  COURT OF APPEAL OF CALIFORNIA July 30, 2018

  An adult patient was admitted to the hospital as a transfer from another hospital to whose emergency department she had gone following a fall at home.  A head CT at the first hospital revealed a traumatic brain bleed.  At the second hospital a physical therapist determined the patient was safe in terms of her mobility issues to be discharged home.  A physician ordered her discharged.  The discharge diagnoses were subarachnoid and intraparenchymal brain hemorrhages secondary to a fall.  The hospital’s nurses carried out the physician’s discharge order.

  Early the next morning the patient died at her parents’ home from intracerebral bleeding.  The Court of Appeal of California upheld a summary judgment of dismissal in the hospital’s favor, finding no negligence by the hospital’s nurses.

  The adult patient’s parents insisted they had begged and pleaded with the nurses not to discharge her, pointing out she was still stuporous and had serious problems with her balance and gait. However, the Court was unimpressed with the fact they first mentioned this in their summary judgment affidavits after denying in their depositions that they had said anything at all to the nurses at the time of discharge. Ford v. Hospital, 2018 WL 3616263 (Cal. App., July 30, 2018).