Emory Healthcare Inc. v. Pardue

The plaintiff's claim seeking to recover for injuries sustained when she slipped and fell on urine on the floor of her hospital room sounded in ordinary negligence rather than medical malpractice.

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Vivian Pardue “Plaintiff”, by and through her daughter Chris Vance as next friend, filed a complaint for premises liability and ordinary negligence against Emory Healthcare, Inc.1 “Defendant” for injuries sustained when she slipped and fell on urine on the floor of her room. After the trial court granted the Defendant’s motion for summary judgment on the premises liability claim, but denied its motion for summary judgment on Plaintiff’s ordinary negligence claim, the case proceeded to a jury trial. Defendant appeals from the jury’s verdict in favor of the Plaintiff. On appeal, Defendant argues that the trial court erred by denying its motion for summary judgment and its motion for a directed verdict on the grounds that plaintiff’s claims sound in medical malpractice, not ordinary negligence. Defendant additionally argues that the trial court erred in failing to take judicial notice of adjudicated facts and in allowing inadmissible evidence. Finding no reversible error, we affirm.

The record reveals that, in April 2007, the 72-year-old Plaintiff was admitted to Wesley Woods’ inpatient psychiatric unit to adjust her medications while in an inpatient setting. At the time of her admission, she was documented to have a history of dementia. Upon her admission to the facility, a history was taken, a fall-risk assessment was completed, and various evaluations were performed by Defendant’s employees, including nurse Pat Terry. These admission documents noted that Plaintiff had delirium, that her insight and judgment were poor, and that her cognition was impaired. In the “Fall Risk Assessment” and admission history, nurses noted that Plaintiff had several sensory and cognitive impairments, including cataracts, hearing loss, weakness, an unsteady gait and a history of dementia. Terry testified that Plaintiff was deemed to be a fall risk, and that the fall risk precautions provided that the patient be assisted getting out of bed. Terry testified that she was aware of Plaintiff’s conditions as noted in the records.

Emory Healthcare Inc. v. Pardue

The plaintiff's claim seeking to recover for injuries sustained when she slipped and fell on urine on the floor of her hospital room sounded in ordinary negligence rather than medical malpractice.

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