Case details

Defense: Compression devices would not have prevented death

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
heart disease, hip surgery, shoulder
FACTS
On Oct. 15, 2010, plaintiff’s decedent Sidney Hughes, 68, a drywall contractor, was admitted to Dominican Hospital in Santa Cruz for outpatient surgery on his left non-dominant shoulder. Hughes was morbidly obese, had a history of heart disease, and had developed deep vein thrombosis one year earlier after a hip surgery in September 2009. Hughes was supposed to go home after the shoulder surgery, but due to severe nausea, the surgeon decided to admit him overnight. The surgeon then ordered that sequential compression devices be applied to both of Hughes’ legs, and he ordered that the anticoagulant Coumadin be started that evening. Records showed that the sequential compression devices were applied after surgery, but Hughes’ family claimed that when they went to visit him that night, the sequential compression devices were not turned on. There was no other documentation about the use of the sequential compression devices. Later that evening, a nurse tried to administer Coumadin to Hughes, but he declined it due to nausea. The nurse did not report this to the physician. The next morning, Oct. 16, 2010, Hughes was reportedly feeling much better and talked to his wife, plaintiff Joann Hughes, by telephone, during which Mr. Hughes stated that he expected to be discharged around noon that day. At 10:30 a.m., after eating his breakfast, Mr. Hughes was assisted out of bed by a certified nursing assistant who walked with him out of his room and through a hallway. On the way back to his room, Mr. Hughes became short of breath and was put in a wheelchair. He was taken back to his room and the rapid response team was called. Over the next 15 minutes, he had an irregular heart rate and difficulty breathing. He subsequently went into a cardiopulmonary arrest and a Code Blue was called. However, after 30 minutes of resuscitation, Mr. Hughes was pronounced dead. When Mrs. Hughes arrived at the hospital a short time later, she was told he husband had died. She claimed a nurse tried to talk her out of getting an autopsy, so she did not request one. The death certificate was prepared the next week and it listed the cause of death as cardiac arrest related to underlying heart disease. However, when a nurse called the coroner’s office, she allegedly told them that Mr. Hughes died from a pulmonary embolism. Mrs. Hughes, acting individually and on behalf of her husband’s estate, sued Dignity Health, which was doing business as Dominican Hospital, and a treating surgeon, Dr. Christian Heywood. Mrs. Hughes alleged that the defendants were negligent in the treatment of her husband, causing his wrongful death, and that this negligence constituted medical malpractice. She also alleged that the defendants’ actions constituted a negligent infliction of emotional distress and an intentional infliction of emotional distress. Heywood was ultimately let out of the case on a motion for summary judgment and was called by plaintiff’s counsel as an expert witness. The estate of Mr. Hughes was also dismissed at the start of trial since the claims of the estate were essentially redundant to those made by Mrs. Hughes. Thus, the matter continued with only Mrs. Hughes’ claims against Dignity Health. Plaintiff’s counsel argued that the sequential compression devices were not properly used and that the decedent died due to a pulmonary embolism. Counsel contended that had the sequential compression devices been used as ordered, Mr. Hughes’ death would have been prevented. Counsel also contended that the nurse’s failure to notify the physician about the decedent not taking the Coumadin showed that she was very busy, which was why the sequential compression devices were not turned on. Regarding the emotional distress claims, plaintiff’s counsel contended that the nurses tried to improperly prevent Mrs. Hughes from obtaining an autopsy in order to hide their negligence. Defense counsel argued that Mr. Hughes died of cardiac arrest, and not of a pulmonary embolism. Counsel also argued that the sequential compression devices were properly used, and that even if they weren’t and Mr. Hughes’ death was caused by a pulmonary embolism, the use of the sequential compression devices would not have prevented his death., Mr. Hughes died on the morning of Oct. 16, 2010. His wife claimed that he died of a pulmonary embolism. Mr. Hughes was 68. He is survived by his wife and five adult children. The decedent’s wife, Mrs. Hughes, sought recovery of wrongful death damages, including damages for her loss of consortium and loss of financial support from her husband’s work as a drywall contractor. She also claimed she suffered emotional distress as a result of the absence of an autopsy. Defense counsel disputed Mrs. Hughes’ claim of loss of financial support, asserting that it was more likely that Mr. Hughes was not doing any work at the time of his death.
COURT
Superior Court of Santa Cruz County, Santa Cruz, CA

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