Hospital Not Liable for Post-op Recovery Chair Mishap
Courts throw out patient's suit that nurses improperly reclined surgical chair and hurt his back.
Published: November 9, 2012
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.
"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.
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