SOUTH MIAMI HOSPITAL, APPELLANT,
v.
THELMA SANCHEZ, APPELLEE
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South Miami Hospital appeals a judgment awarding $135,000 in damages to patient Thelma Sanchez for injuries from a fall during physical therapy. The court affirmed, holding that the hospital's negligence in leaving an at-risk patient unattended violated the treating physician's explicit care instructions and did not require expert testimony to establish.
The hospital was negligent in violating explicit physician orders to maintain constant attendance and standby assistance. The court held that expert testimony was unnecessary because the facts demonstrated a clear breach of the standard of care—leaving an unattended patient who required constant supervision. The damage award was not excessive and should not be disturbed absent passion, prejudice, or an amount shocking to the judicial conscience.
[1] Expert testimony is not required to establish the standard of care for a hospital when the negligence alleged involves the careless administration of approved medical tre…
[2] A hospital owes a duty to its patients to exercise reasonable care commensurate with the patient's known condition.
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Join FLexlaw to unlock all legal intelligence“A hospital is bound to exercise toward a patient such reasonable care as his known condition may require.”
Establishes the standard of care applicable to hospitals and their duty based on patient condition
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Join FLexlaw to unlock all legal intelligenceSanchez, a patient recovering from a prior cerebral stroke with residual disability, was undergoing physical therapy at South Miami Hospital. Her trea…
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PER CURIAM.
Following a non-jury trial in which plaintiff Thelma Sanchez sought damages from defendant South Miami Hospital for injuries sustained in a fall on April 6, 1975, while she was a patient in said hospital, final judgment was rendered in favor of Sanchez on January 18, 1979, awarding her damages in the amount of $135,000.
In its final judgment, the trial court found that Sanchez had sustained a previous cerebral stroke which left her with a residual disability for which she was under the care and treatment of Dr. Harold Sil-berman; that while undergoing physical therapy, Sanchez fell and fractured her hip; that for a brief moment while administering physical therapy, the physiotherapist left Sanchez unattended in a standing position while getting her robe, though Dr. Silberman had left orders that she be attended at all times; that during this brief moment Sanchez fell and fractured her hip; and though Sanchez was making some progress after the stroke via physical therapy, she had not sufficiently recovered so as to resume her duties as a bank teller.
The trial court further found that the hospital was negligent in the care and treatment of Sanchez and that her injuries were superimposed on an existing impairment as a result of the stroke. South Miami Hospital has appealed and argues that Sanchez failed to prove the standard of care used by hospitals in the community under such circumstances and failed to prove that South Miami Hospital had fallen below that standard of care.
Upon reviewing the facts of the case, we find that it involved a charge of negligence based upon careless administration of approved medical treatment, and the trier of the fact would not need the aid of expert testimony to reach a conclusion. Sims v. Helms, 345 So. 2d 721 (Fla.1977), Reynolds v. Burt, 359 So. 2d 51 (Fla. 1st DCA 1978). A hospital is bound to exercise toward a patient such reasonable care as his known condition may require. Sprick v. North Shore Hospital, Inc., 121 So. 2d 682 (Fla. 3d DCA 1960). What possible interpretation could be given to the doctor’s orders that Sanchez be up from bed “with help only” and that the therapist give her “standby assistance” other than “protect her from falling”?
The facts speak for themselves. The hospital’s therapist was following these orders, and no matter how good were her intentions, she took a chance which left Sanchez unattended for a brief moment. Unfortunately, this moment was long enough to produce the undesired results which the doctor’s orders were intended to safeguard against and prevent. Hialeah Hospital, Inc. v. Johnson, 268 So. 2d 424 (Fla. 3d DCA 1972), cert. denied, 276 So. 2d 53 (Fla.1973).
The hospital also raises the issue that the award of damages was excessive and inappropriate. The determination of the amount of damages is a matter within the province of the trier of the facts, Miami Shores Village v. Brown, 286 So. 2d 589 (Fla. 3d DCA 1973); Talcott v. Holl, 224 So. 2d 420 (Fla. 3d DCA 1969), and the decision on the amount of damages should not be disturbed on appeal in the absence of an indication of passion, prejudice, corruption, improper motive or that the amount is so excessive as to shock judicial conscience. Lassitter v. International Union of Operating Engineers, 349 So. 2d 622 (Fla.1977); Seaboard Coast Line Railroad Co. v. McKelvey, 270 So. 2d 705 (Fla.1972). We find no such indications in this case.
The judgment of the trial court is affirmed.
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Phillips v. Ostrer, 481 So. 2d 1241 (Fla. 3d DCA 1985)…. Geldhauser, 155 So. 2d 844 (Fla. 3d DCA 1963). The determination of the amount of damages is a matter solely within the province of the jury. Jefferson Realty v. United States Rubber Co., 222 So. 2d 738 (Fla.1969); South Miami Hospital v. Sanchez, 386 So. 2d 39 (Fla. 3d DCA 1980); Sunrise Point, Inc. v. Reliance Realty, Inc., 371 So. 2d 674 (Fla. 3d DCA 1979). Courts should construe verdicts to carry out the jury’s intentions. Advance Co. v. Albert, 216 So. 2d 474 (Fla. 3d DCA 1968), cert. denied, 225 So.…
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Stepien v. BAY Mem'l Med. Ctr., 397 So. 2d 333 (Fla. 1st DCA 1981)…ert medical testimony. Atkins v. Humes, 110 So. 2d 663 (Fla.1959); Reynolds v. Burt, 359 So. 2d 50 (Fla. 1st DCA 1978). A hospital is bound to exercise such reasonable care as a patient’s known condition may require, South Miami Hospital v. Sanchez, 386 So. 2d 39 (Fla.3d DCA 1980); Sprick v. Northshore Hospital Inc., 121 So. 2d 682 (Fla.2d DCA 1960), and although appellant’s physician’s instructions may have .been fully complied with, the present case nevertheless involved a factual issue, which the jury cou…
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Sasser v. Humana OF Fla., Inc., 404 So. 2d 856 (Fla. 1st DCA 1981)…oduce expert testimony in order to establish negligence. Compare Furnari v. Lurie, 242 So. 2d 742 (Fla. 4th DCA 1971); Sims v. Helms, 345 So. 2d 721 (Fla. 1977); Thomas v. Berrios, 348 So. 2d 905 (Fla. 2nd DCA 1977); South Miami Hospital v. Sanchez, 386 So. 2d 39 (Fla. 3rd DCA 1980). Although there was general agreement among the experts concerning the proper method of injecting Vistaril and the dangers of improperly injecting the drug, the evidence does not rule out the possibility of the same injurious con…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lassitter v. Int'l Union OF Operating Eng'rs, 349 So. 2d 622 (Fla. 1976)
- M. David Sims, M.D. v. Helms, 345 So. 2d 721 (Fla. 1977)
- Talcott v. Holl, 224 So. 2d 420 (Fla. 3d DCA 1969)
- Sprick v. N. Shore Hosp., 121 So. 2d 682 (Fla. 3d DCA 1960)
- Seaboard Coast Line R.R. Co. v. McKELVEY, 270 So. 2d 705 (Fla. 1972)
- Anne B. Reynolds v. Burt, 359 So. 2d 50 (Fla. 1st DCA 1978)
- Hialeah Hosp., Inc. v. Reba D. Johnson, 268 So. 2d 424 (Fla. 3d DCA 1972)
- Lakner v. Lakner, 286 So. 2d 589 (Fla. 2d DCA 1973)
- Edgecomb v. State, 276 So. 2d 53 (Fla. 1973)
- Palm Beach Tank & Culvert Co. & Fireman's Fund Am. Ins. Co. v. Johnnie Jones & the Indus. Relations Comm'n, 276 So. 2d 53 (Fla. 1973)