| Patient In Pain Cries For Doctor, Is Told to Remain Quiet And Wait |
| Patient Asked to Leave the Hospital, If He Did Not Like How It Was Run, Gets Worse |
| Breach of Standard of Care and Hospital Pays |
In this case, the patient alleged that the hospital, in asking him to leave if he did not like the treatment he was receiving, breached the applicable standard of care which directly aided in causing his injuries. The hospital was found liable for the negligent acts of its doctors and nurses.
Facts: In May 1987, Terry Bowen became ill. Because resting at home failed to help, Bowen's wife took him to the emergency room at Baptist Memorial Hospital ("Baptist") in Gadsden on May 12, 1987. Initially, Bowen was examined by Dr. Walter Conner. Dr. Conner, however, was called away and a Dr. Reiland completed Bowen's exam. Drs. Conner and Reiland consulted upon Conner's return, and they diagnosed Bowen as
having bronchitis. An antibiotic was prescribed and Bowen was sent home.
Two days later, on May 14, 1987, Bowen was no better. He returned to Baptist's emergency room and was admitted into the hospital for a preliminary examination. After a portion of this preliminary exam was completed, and after various tests were ordered, Dr. Shannon, the examining physician, was called away. There was evidence that Bowen was in excruciating pain and that he cried for a doctor. Another hospital employee checked on Bowen. Bowen showed this employee his May 12 prescription bottles and begged the employee for a doctor. The employee told Bowen that he would have to remain quiet and wait. Bowen became somewhat abusive, and an employee told him that he should leave the hospital if he did not like how it was run. It seems that hospital employees may have also made other belittling or derogatory remarks to Bowen. Bowen threw a Styrofoam cup of ice he had in his hand against one of the examination room partitions. He then slid off the bed on which he was lying and began to leave the hospital. Bowen collapsed as he walked down the corridor. His wife assisted him to their automobile, and drove him to another Gadsden hospital. Bowen was later diagnosed as having spinal meningitis.
Bowen sued Baptist and Drs. Reiland, Conner, and Shannon, alleging that they had negligently misdiagnosed or failed to diagnose his spinal meningitis, and also alleging that they had constructively forced him to leave the hospital or had constructively abandoned him without warning him of the possible dangers of his leaving the hospital, and that they had acted negligently in doing so.
Dr. Arthur Pedersen, the plaintiff's medical expert, testified that for the hospital staff to ask Bowen to leave without informing him of the dangers inherent in that action was a breach of the standard of care observed by the national health care community. Dr Pascal Herrera, another medical expert testifying for the plaintiff, attested to causation and damages by stating, in essence, that any delay in treatment worsened Bowen's condition and caused irreparable damage.
The jury returned a verdict for Bowen against Baptist alone for $450,000. Baptist appealed. The Supreme Court of Alabama affirmed the judgment of the trial court.
Baptist Memorial Hospital v. Bowen, 591 So. 2d 74; 1991 Alabama.
(Chapter 28)